milimelo
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Everything posted by milimelo
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Too soon to leave? (Green Card)
milimelo replied to Tidusel94's topic in Working & Traveling During US Immigration
I’d be going to DOL on non-payment for work performed issues. Try looking up Ledbetter Fair Pay Act. And next time you want to raise issues on pay hours missing, email - even if it’s just to “memorialize our phone conversation on X date, time, when I raised pay discrepancy you advised - here’s my supporting timesheet provided to HR for X number of hours while me pay statement is showing y number of hours. Please provide contract/timekeeping SOP whatever saying employees need to work for Z number of hours for free as I’d love to consult with Department of Labor on forced unpaid work hours”. Email gives you timeline, and often serves as the starting point (for example EEO issues which you could potentially use -have 45 days time limit from the day the incident happens or you’re made aware- being an immigrant from X country, employer retaliated against me by forcing me to forfeit worked hours thus reducing my salary by X percent over the course of X months in contravention to hiring contract signed on z date) … -
You want to call Manila consular to see if her visa is voided after you know she overstayed and was returned from mid-way point? That’s not going to happen.
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Because it’s not DHS that voided her visa, CBP/State did. DHS addressed her issue, they’re not the ones who need to get a new tourist visa, that’s on your MIL.
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Steps to apply for I-130
milimelo replied to ShaniaB's topic in Bringing Family Members of Permanent Residents to America
Top of the page - guides. You can file online. -
Adding a derivative
milimelo replied to Miss1's topic in Bringing Family Members of Permanent Residents to America
Unless you want to extend their wait time, you need to delay oath taking until they’re in country. -
Question to all as this has me scratching my head. This link from CDC is a faq on covid vaccines requirement. Per CDC, only non-immigrant visas including K-1 require proof of covid-19 vaccine. IMMIGRANT visas do not (as immigrant visa holders turn LPRs upon activation if their visa/processing at POE). https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#faq Immigrants and Other Non-affected Persons The Presidential Proclamation and CDC’s Amended Order do not apply to immigrants (including Special Immigrant Visa holders). An immigrant is any non-U.S. citizen who has a visa listed in “Immigrant Visa Categories” on the U.S. Department of State’s webpage Directory of Visa Categories; it does not include K nonimmigrant visa holders, who are Covered Individuals (see below). On what authority is DOS changing DS-3026 (medical examination of immigrants) to require covid-19 vaccine when it goes against CDC rules?
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It’s a mistake. File I-90 to get it fixed with a copy of marriage certificate and flight info. Spell it out to them - married - date. POE arrival date.
- 31 replies
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LOOK at her current green card - what expiration date does it have? Did she enter the US before or after 2nd marriage anniversary? If you applied for I-90 when you should’ve done I-751 Removal of Conditions that’s money down the drain - you will not get that money reimbursed. While at it, complete your timeline.
- 12 replies
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Follow the visa bulletin on state.gov. Unless your category is current and they caught up on backlogged cases it will not be fast.
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Both I-212 and I-601 are at 12 months processing (Nebraska service center - the only center processing them). If I were you, I’d consult with a competent immigration attorney (well versed in waivers) to see what potential bans the wife could get and consider filing waivers ahead of time. At least one can be done before interview (I-212?).
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What waiver is needed? You can actually see processing times for various forms on USCIS.gov. re: daughter- that was a stand-alone I-130 so what you’re considering doing is fine. Activate visa, turn around and go back - make it a long weekend, do some shopping/sightseeing. Easier than getting a new visa reissued and you still have to do yet another medical exam.
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Tourist visa is NOT for school purposes. You’re looking at F1 student visa.
- 27 replies