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ConOfficer

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  1. Like
    ConOfficer got a reaction from melonshake in Possible to travel to Vietnam without a Vietnamese passport?   
    I'm very surprised they let you on an international flight without a passport. How will you get back into the U.S.? Don't you have to show a green card and a passport?

    To me, it's not a good idea to go abroad without a passport. You're asking for trouble. 
  2. Like
    ConOfficer got a reaction from Ksenia_O in Possible to travel to Vietnam without a Vietnamese passport?   
    I'm very surprised they let you on an international flight without a passport. How will you get back into the U.S.? Don't you have to show a green card and a passport?

    To me, it's not a good idea to go abroad without a passport. You're asking for trouble. 
  3. Like
    ConOfficer got a reaction from EM_Vandaveer in Possible to travel to Vietnam without a Vietnamese passport?   
    I'm very surprised they let you on an international flight without a passport. How will you get back into the U.S.? Don't you have to show a green card and a passport?

    To me, it's not a good idea to go abroad without a passport. You're asking for trouble. 
  4. Like
    ConOfficer got a reaction from Diane and Chris in Embassy rejected I-864 NVC not   
    They refused your case as a public charge. The case will never be sent back to USCIS and won't expire. It will just stay at the consulate until you submit a cosponsor's AOS. Although some consulates will refuse you under 221g, which does open up the possibility that the case will expire if you fail to contact the consulate for more than 2 years. 
     
    Neither USCIS or NVC adjudicate the AOS, the consular officer does that. So the fact that NVC didn't ask you for a cosponsor doesn't mean anything. 
     
    Your two options are 1) finding a cosponsor, 2) writing an email to the consulate explaining in details how the net value of your home overcomes the gap between your reported income in your most recent tax return and the USCIS poverty guidelines (the value of the property needs to be 3 times greater than the gap between your income and the USCIS poverty guidelines). Consular officers are not accountants and you shouldn't expect them to get the math right. 
  5. Like
    ConOfficer got a reaction from Cadence in Petitioning for Dad to come- I am in process of becoming a USC   
    Have him apply for a tourist visa. Tell him to be honest - that he overstayed his prior visa. The officer *should* refuse him and tell him exactly when or if he will be eligible for an immigrant visa. At least you'll know what the situation is and can determine whether it's worth the time and money to file an I-130 for him. 
     
    A visa denial is also decent proof of relationship (ConOff will note he wants to visit his LPR son). 
     
    He should bring some evidence of his date of departure from the U.S. as that info isn't always registered. 
  6. Like
    ConOfficer got a reaction from Loki_Go in PLEASE HELP   
    Little chance he's going to get asylum after 10 years outside his county (well depending where he's from).
     
    Cancellation of removal isn't that great an option either. If he's married to an AmCit he has a clear path to becoming an LPR. 
     
    He can file for an I-601A waiver of unlawful presence through USCIS. Unless he has a criminal history he's a low priority for deportation and ICE will probably agree to terminate proceeds to allow him to pursue his waiver and consular processing. He has to leave the country for his interview and hope DOS doesn't discover any other ground of ineligibility during the interview stage.
     
    If ICE doesn't agree to terminate proceedings they will probably offer voluntary departure. He would probably ending up having to wait several months in his country until an I-601 waiver comes through. 
     
    You do have to consider that the new administration may take a harder line on waiver applications and removal proceedings. From what I've seen waivers were regularly denied during the Bush admin but seem to have been almost universally approved during the last several years of the Obama admin. 
  7. Like
    ConOfficer got a reaction from Cubana1984 in Invalid visa   
    He should have an opportunity to file for asylum. Tendria que solicitar asilo. 
  8. Like
    ConOfficer got a reaction from NikLR in K-2 Visa holder   
    I'm really confused. But if you are out of status go home before you turn 19. If you turned 18 in the U.S. at 19 you will have accrued one year of unlawful presence, and thus a ten year ban. Unlawful presence under 18 doesn't count, thus if you leave before turning 19 you will only incur a 3 year bar. 
  9. Like
    ConOfficer got a reaction from Boiler in Undocumented I-130 here on C-1   
    She has to file an I-130 and concurrently apply for I-601A provisional waiver of unlawful presence. When the waiver is approved she can go back to Peru for consular processing. 
  10. Like
    ConOfficer got a reaction from Brit1 in Evidence for ongoing relationship   
    USCIS just wants to see that you're free to marry and have met in person. I'm not saying you shouldn't include chat records, but they can be faked and are just not compelling evidence. I've never bothered to read them. I highly doubt any officer will take the time to look at them. 
  11. Like
    ConOfficer got a reaction from caliliving in A very complicated F1 administrative processing issue   
    There's a number of reasons you can be placed in admin processing, some of which may have little to do with you personally. But the consulate has to follow its regulations and most of the wait is outside the individual officer's control. Nobody sets out to delay a case for months and have to deal with repeated emails/calls or worse, a congressional inquiry. Just the way government bureaucracy works unfortunately. 
     
    It's also possible that the officer working on your case rotated to a different assignment and your visa kind of got forgotten, which is why it's good to send a polite reminder every few weeks. 
     
    I highly doubt anyone took the time to put a note in your case that you complained a few times. People aren't vindictive. 
  12. Like
    ConOfficer got a reaction from Patient in K-1 Visa denied as expected. 212(a)9 (a)(i) what's next?   
    In the context of a K1 visa you need to be refused under 91A before you can file for a waiver. 212(a)(7)(a) and 212(a)(9)(i) are the same thing - expedited removal. Dept. of State adjudicators will only enter the 91A ineligibility. 
     
    You just need an I-212. I--601 is for unlawful presence, and you apparently were not refused for unlawful presence. 
  13. Like
    ConOfficer got a reaction from Patient in K-1 Visa denied as expected. 212(a)9 (a)(i) what's next?   
    We deny people 91A every day. They come back in 6 months with their approved waiver and get their visas. Even K1 applicants. 
     
    Your fiancé can apply for the I-212 waiver for you, or you can wait out the 5 year ineligibility. K1 beneficiaries are technically not eligible for waivers of unlawful presence or prior removal under the letter of the law, but USCIS has interpreted their regulations to permit waivers for K1s. Whether you choose to pursue the waiver or wait the 5 years, your fiance does not need petition for you again (unless you marry and decide to pursue CR1) - you would just need to schedule a new appointment and pay the appointment/visa fee again. Definitely a good idea to consult a lawyer.
  14. Like
    ConOfficer got a reaction from Hypnos in K-1 Visa denied as expected. 212(a)9 (a)(i) what's next?   
    In the context of a K1 visa you need to be refused under 91A before you can file for a waiver. 212(a)(7)(a) and 212(a)(9)(i) are the same thing - expedited removal. Dept. of State adjudicators will only enter the 91A ineligibility. 
     
    You just need an I-212. I--601 is for unlawful presence, and you apparently were not refused for unlawful presence. 
  15. Like
    ConOfficer got a reaction from Hypnos in K-1 Visa denied as expected. 212(a)9 (a)(i) what's next?   
    We deny people 91A every day. They come back in 6 months with their approved waiver and get their visas. Even K1 applicants. 
     
    Your fiancé can apply for the I-212 waiver for you, or you can wait out the 5 year ineligibility. K1 beneficiaries are technically not eligible for waivers of unlawful presence or prior removal under the letter of the law, but USCIS has interpreted their regulations to permit waivers for K1s. Whether you choose to pursue the waiver or wait the 5 years, your fiance does not need petition for you again (unless you marry and decide to pursue CR1) - you would just need to schedule a new appointment and pay the appointment/visa fee again. Definitely a good idea to consult a lawyer.
  16. Like
    ConOfficer got a reaction from Brit1 in K-1 Visa denied as expected. 212(a)9 (a)(i) what's next?   
    We deny people 91A every day. They come back in 6 months with their approved waiver and get their visas. Even K1 applicants. 
     
    Your fiancé can apply for the I-212 waiver for you, or you can wait out the 5 year ineligibility. K1 beneficiaries are technically not eligible for waivers of unlawful presence or prior removal under the letter of the law, but USCIS has interpreted their regulations to permit waivers for K1s. Whether you choose to pursue the waiver or wait the 5 years, your fiance does not need petition for you again (unless you marry and decide to pursue CR1) - you would just need to schedule a new appointment and pay the appointment/visa fee again. Definitely a good idea to consult a lawyer.
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