bzbee

On 1/28/2024 at 9:58 AM, damin said:

Hi thanks for sharing.  I wonder if it’s a prerequisite to have I360 approved before attending public schools? 

No, it is not a prerequisite. 

Since the boy was here legally on F-1 visa, we wanted to preserve the legal status till the I-360 was approved. Attending a public school would mean violating the F-1 visa terms and if for whatever reason the I-360 were to be rejected then the boy would be out-of-status. All future US Visa applications would be risky and any travel out of the country is not possible as there would be no re-entry. We didn't want to risk all that, so continued his education at the SEVIS approved school (that issued the I-20) till his I-360 was approved. Once I-360 was approved and he was granted the 'Special Immigrant Juvenile' status, the F-1 status is no longer relevant and we switched him to the public school.

The SIJ status is very 'protected' and excludes the applicants for any and all bars to adjustment of status (except terrorist-related activities). So, technically, the boy could've attended a public school and everything would be fine once the I-360 was approved. But if the I-360 was denied, then he'd be in big trouble and that was not a risk we wanted to take.

27 minutes ago, ctygl said:

I just want to make sure that I'm understanding the Family-Sponsored categories.  

 

US citizen with adult 2 daughters, one divorced the other never married, both have children.  Is that First (F1) category?  Does it matter that one daughter is divorced?

 

Thanks

First Preference (F1) category is for daughters and sons who are 21 years or older.

If one or both your daughters are under 21 and unmarried (even if divorced), they can apply for immigration under "immediate relative" category, no need to apply under F1.

Details here - https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

If they are 21 or older and unmarried, they can apply under F1 category. Doesn't matter if they are divorced, assuming it's a good faith divorce and not being done for immigration purposes, they just need to be unmarried. USCIS will ask questions and request documentation about the previous marriage and divorce to verify that it is a genuine situation and not immigration fraud.

You said both your daughters have children. I am not sure how that might effect their filing category, hopefully for someone more knowledgeable will provide clarification. 

10 hours ago, usa123 said:

Ok after reading everyone's latest comments, its clear that going to Dubai on visit having a return ticket, and then flying to US from Dubai International Airport (DXB) is good option.

 

Searching on google shows several websites, which one is real website to apply an E-Visa from Pakistan? https://www.uaevisa.ae/ or some other?

The Emirates website has good information on visa requirements and other details.

https://www.emirates.com/us/english/before-you-fly/visa-passport-information/find-uae-visa-requirements/?nationality=pk&destination=ae

This is what it says for Pakistan nationals - note that the official government site will have "gov.ae" at the end of the domain.

Quote

Visa Issuance:
E-visas can be obtained before departure at https://smart.gdrfad.gov.ae/HomePage.aspx (for Dubai)

or https://smartservices.ica.gov.ae/echannels/web/client/default.html#/login (for other emirates).

Passengers must have a printed e-visa confirmation.

 

Warning: Visitors not holding return/onward tickets could be refused entry.

Etihad also offers a Visa Application Center - https://uaevisas.etihad.com/echannels/web/client/etihad/index.html#/dashboard

You can apply for a 'Single Entry 3--day Tourist Visa' for AED 300 (about 23,500 PKR). 

Please note the warning - You need a return ticket or onward ticket to be allowed entry. Also, good idea to have travel/health insurance in UAE - they sometimes ask for that.

To cross via land border, best to fly from DXB to Toronto. If possible, ask a friend or relative to come pick you up and drive back to the US. If not, you take a bus from Toronto to Buffalo or NYC. Yes, this takes a bit more time & money but seems to be the option with the least risk. Driving in car is better as you don't have to even get out unless they ask you to. In a bus, everyone has to de-board at the border and go thru security and re-board on the other side. You could also take a Uber, but it will be expensive. Or you could go to Niagara Falls and walk across the rainbow bridge during a busy weekend. 

You could of course just fly direct to JFK or ORD from DXB. 

8 hours ago, Mike E said:

It does. It would be devastating to be denied entry to the U.S. by CBP at Abu Dhabi. 

Yeah, I don't suggest Abu Dhabi. Have no option if boarding is denied there.

But fly to JFK from Dubai, and once you are on American soil you have certain rights as a GC holder. Even if the GC is out of status they can't just up and deport you. They may detain you, give you time to find representation and probably release you on parole till your case is decided by an Immigration Court.

8 hours ago, Mike E said:

LPRs at ports of entry on U.S. soil, legally, cannot be denied entry. 

Exactly!

8 hours ago, Dashinka said:

There are pros and cons to either flying to the US and being denied or being denied at a pre-clearance airport.  I tend to agree though that it would be best to route to UAE, then take a flight to Canada and cross by land.

I agree. Crossing via land border is probably the best option. 

To illustrate how relaxed the land borders are compared to the International Airports, see this article from CNBC today.

Indian-origin man in US sentenced to jail for smuggling more than 800 Indians using Uber

Quote

A 49-year-old Indian-origin man was sentenced to over three years in jail for smuggling more than 800 Indian citizens into the US using ride-hailing app Uber.

 Dude just drove them across the border from Canada in an Uber 😆 - gotta admire the creative thinking 🙏

23 minutes ago, usa123 said:

@bzbee I know Canada is visa-free for Green Card holders but I still doubt what these Pakistani immigration do to me when I try to go to Canada.

In my situation, round-trip to Qatar seems more good idea.

No, do not try to fly based on your to GC again from Pakistan. Get a visa or fly to a visa-free/e-visa country first.

Both Mexico and Canada are visa free for GC holders. And, in my personal opinion, the border checks at the road & sea entries are more relaxed than at the Airports. I entered twice from Mexico and twice from Canada using my GC. At the Mexico crossings  (Ciudad Juárez and Tijuana, both were very busy and had to wait to an hour or so in traffic) they just checked the passports, GCs and faces, asked a few basic questions and waved us thru. I was driving back from Toronto and crossed at the Lewiston-Queenston Bridge , the border crossing was super busy and lines were backed up for more than a mile. Same experience - a few basic questions and waved us thru. Most rigorous check was at the Niagara Falls - I crossed into Canada by foot over rainbow bridge in the morning and returned in the afternoon, they asked us a lot more questions and seemed to check our documents more closely before allowing.

Qatar or UAE would be the easy choice. Pak has E-Visa to UAE and VOA to Qatar. I'd prefer UAE with e-Visa so that you have a valid travel document in hand in case the FIA questions again. And yes, it should be a round trip ticket so prove that you are returning to Pak. A one-way ticket might arouse their suspicions. Dubai / Abu Dhabi are popular tourist spots, and an e-Visa should be easy - apply & pay online, get the visa in email, print it out.

On 6/27/2023 at 3:24 AM, usa123 said:

@powerpuff yeah Pakistani FIA denied me.
Is there any authentic source which tells we will SURELY get boarded on place having a Pakistani passport along with a Green Card and 6 7 8 9 years old US exit stamp?
 

You could also try getting to Canada or Mexico and then entering the US by road.

7 hours ago, usa123 said:

I was denied 

Bypass the FIA.

First step, get out of Pakistan - Fly to a different country first - choose a country that has visa free or e-visa agreement with Pakistan and is a popular tourist destination.

Second step - From there buy a ticket and fly to the US. 

13 hours ago, Utah123 said:

Did you get the new card?

No, they are not sending out a new card when updating citizenship status. 

If you want a new card, you can always request one with some other reason - lost, disfigured etc.

15 hours ago, Utah123 said:

What paper did they give you that said you are US citizen? 
I updated my status and they gave me one general paper where it says I applied card on this date. 
P.S. the guy said I won't be getting a new card as they have updated my citizenship status in their status. 

A print out that I updated my SSN information on that day. No mention of Citizenship on that paper.

Sure, you can change your name again. You would probably need to get a court order, the process is dependent on your state.

Once you get the name change order from the court, you can change all your documents to your new name using the order as evidence.

Good luck.

On 12/16/2022 at 1:08 PM, Tunisian_tunisia said:

But how will I explain the name change ? My name change happened through divorce which is enough to change my name in the US. My biggest concern is that they get me in trouble on my out of the country and deny me exit until they figure it out which usually takes a long time … any thoughts?

How did you change your name? If you did it during naturalization, you should have received the name change petition or order signed by the judge or clerk showing your old name & new name. It is a legal document and proof that you changed your name. 

If you did it after, you still would have filed some legal paperwork for the name change and would have received a court order or something similar. Take that as proof.

In US, there is a process to apply for PCC - https://services.vfsglobal.com/usa/en/ind/apply-for-pcc

I think a similar service would be available in all countries. How do you apply for a Passport renewal in Thailand? Do you apply directly to the embassy, or do you apply thru a service like VFS? You should ask that 3rd party service, if available.

If not, go to India for a month or so and apply in person. Also, if you never stayed in India for more than 6 months after you turned 16, you were never a resident in India and they cannot issue PCC. And, AFAIK, your history before 16 does not matter anyway (minor's protection and all that).

On 1/10/2023 at 6:33 PM, RonAnn said:

where are you located if you dont mind me asking

Dallas, TX.

7 minutes ago, lucy23shirley said:

They said they didn't understand the first officer (they have limited English) so no idea why they were pulled. 

 

We are guessing that it may be now I am a citizen and have a baby here (stronger ties here and have the potential to provide child care). When they visited last time I was a GC holder. 

 

Or they may have said/implied they are visiting you to help take care of the baby - that could be considered as working without authorization.

Anyways, GC is not the answer if they plan on leaving after a year or two. Maintaining LPR can be difficult (residence, taxes etc.) and, as someone mentioned, if the CBP officer suspects that you are using it as an alternative to Visitor visa, there could be problems.

Yes, they were pulled into secondary. But then they were allowed to enter, right? So whatever concerns the CBP officer had were resolved. It is unlikely that this will happen again. If they are worried about travelling maybe you (or someone) could travel with them the next time they visit the US?

If you do decide to go the GC route:

a) Do it immediately, time is key. And make sure your parents are completely onboard. 

b) There is no PD waiting for parents of USC, so processing is quick - I've heard as quick as 8 months in one case. Not EAD, actual GC in hand. But realistically, it depends on your location and case details. Your parents must definitely be prepared for a 2-year stay. I know someone who started GC for his mom, but after a few months she got homesick and went to India. Then she had to change to consular processing and fortunately GC was granted in India. But now the Mom is not sure she wants to live in the US, she hasn't returned to the US yet.

c) Someone mentioned that if you get a GC and lose it, getting a visitor visa later is difficult. This is not fully true. If you surrender the GC properly, there is no reason to deny a visitor visa. I know first hand because my friend's parents did exactly this. They got GC, but after a year decided life in US is not for them. Surrendered the GC and returned to India, and applied for and got fresh Visitor Visas.

d) Get health insurance for your parents. Must have this if they are going to stay here long term. Can be simple or tricky depending on where you live. 

Final Update: The boy got his Green Card this week 

It took 3 years with Covid delays and all, but finally got there. 

Thank you.

On 12/1/2022 at 12:42 PM, arken said:

Not just update but ask for the replacement card as well. You'll get it without any DHS notations.

When I went to the SSA to update, they said there is no need to issue a new card (mine had restrictions removed after green card). Said that my citizenship status is updated in their database and just gave me piece of paper stating the same. I wasn't convinced as and wanted to speak to a supervisor. The guy was very nice and said the same thing - no need for a replacement card if you are just updating citizenship status. So, I let it be.

FYI, there is a limit on how many replacement cards you can get for the same SSN. Max three in a year and 10 in a lifetime. I am on my 3rd or 4th card, I think.

On 11/21/2022 at 5:50 PM, RJones said:

I have noticed a few people getting radio silence once they sent a response to RFE, while others get approved quickly. Hopefully we will receive some updates soon, but then again we are approaching the holiday season...
Thanks for sharing and fingers crossed!

Our case was approved on Dec-20. Yay 

Got the SSN card in mail, still waiting for the actual Green Card. Hope to receive it soon.

On 12/16/2022 at 5:44 PM, RonAnn said:

I think its just were you live like Cali has one of the longest waits some people in cali though have been lucky

 

ANY NEWS FROM ANYONE ELSE LOL???

Filed for AOS in July under EB4 (Special Immigrants) category.

Jul-18: Receipt 

Aug-05: Biometrics (early walk-in,  actual appt on Aug-18th)

Aug-10: Case update - "Fingerprints were taken"

Oct-17: RFE issued for some mistake in the medical (I-693)

Nov-02: Responded to the RFE with a corrected I-693

Nov-07: Case update - "We received your response"

Dec-19: Case update - "We ordered your new card."
Dec-20: Case update - "Case Was Approved."

Dec-27: Received SSN card in mail

Still waiting for the Green Card to be dispatched. Guess things are a bit slow due to the holiday season, hoping to receive it in the next couple of weeks.

47 minutes ago, RJones said:

Hi March 2022 filers,

We received a Medical RFE on 11/14/22 from Baltimore FO for our I-485.
It stated that the I-693 form is 'incomplete' and they need additional medical info to make a FINAL decision on our case.
They did not state exactly what was missing though. We will be mailing an updated and sealed medical form back to our FO this afternoon.

We are hoping this is a sign that our interview may be waived, but you never know.

Wishing you all the best!

Had a similar RFE - Form I-693 Incomplete - last month. But they clearly mentioned what was missing with page & section number. The nurse messed up entering the vaccine information, she marked a couple of them as not applicable / not needed while the applicant did get those vaccines. We even attached the vaccine report from the doctor's office, but USCIS only considers what is specified in I-693 from the Civil Surgeon. So we went back and get a correct & complete I-693 from the same Civil Surgeon's office. Whole thing delayed because of someone else's mistake, and the nurse didn't even apologize for it plus acted as if she was doing us a favor in giving the corrected I-693. Took a week to do it too. 😠

Anyway, I am guessing something might have similar happened with your I-693 too. If you have a copy of what was submitted, go through every entry carefully and compare it with the medical records. Also check the non-medical data too  (Name, A-number etc) and make sure it was signed properly - both by the applicant and the surgeon.

P.S. - Before you ask, we submitted the revised I-693 and got a "...we received your response to our Request for Evidence for your Form I-485. USCIS has begun working on your case again" status update two business days after the package was delivered. Its been two weeks since with no further updates. I read that the final decision after a Medical RFE happens pretty quick. So hoping to get the approval soon.

Update:

- Got a court order from the family court placing the boy with us.

- Then filed an SIJS (I-360) on the basis of the court order, and it was approved.

- Filed for AOS (I-485) on the basis of the approved I-485, under process. (Could've filed I-360 and I-485 concurrently, but opted to do it this way based on a lawyer' advice.)

Hopefully he'll get his GC soon.

10 minutes ago, bzbee said:

The CBP definitely has your travel history and know exactly which day you last left the US. Whether the border agent will bother look it up is another issue. If you cross at a land border, the agent usually checks your passport and GC and waves you through. 

BTW, do NOT lie to the Border Agent. That is a big NO-NO.

For Ex: If you arrive via Air and if the agent asks how long you were out of US, you have to tell the truth. If they don't ask, then you are fine. 

I travel twice a year to India and I don't remember them ever asking how long I was away. And it's all automated now, no one even talks to you anymore unless there is a reason. They just take the slip and wave you thru.

10 hours ago, usa123 said:

@bzbee I checked my travel history online but it shows no record found, https://i94.cbp.dhs.gov/I94/#/history-search

I entered my Passport No and also tried to enter my Alien Registration number

My bad, looks like that site only gives history for people who had an I-94 issued i.e. people with non-immigrant visas. Since you have a GC, you can't use it.

Quote

United States Citizens (USCs) and Lawful Permanent Residents (LPRs) are unable to utilize this website or the CBP One™ mobile application to look up information about themselves.

But, do not think they don't have the information. The CBP definitely has your travel history and know exactly which day you last left the US. Whether the border agent will bother look it up is another issue. If you cross at a land border, the agent usually checks your passport and GC and waves you through. 

On 8/5/2022 at 8:03 AM, usa123 said:

@Disteny have she received GC now?

I was wondering if GC was denied because she enetered because of mistake of officer at NY airport

 

 

I'd assume she got her GC renewed - the renewal process is automated via online/mail. There is not human intervention.

I replied to you in your other post, so won't repeat it all here. IMO, your chances of being allowed into the US (even if you get stopped) are pretty good. And your chances of not getting stopped are better than 50-50.

12 minutes ago, bzbee said:

 

Note #4: See this thread discussing a similar case - https://www.visajourney.com/forums/topic/778159-green-card-almost-expired/

 

TLDR: The person was away from US for 9 years, and was able to re-enter US via New York one month before the GC expired.