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bmqsg5h3

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    USCIS agent Verbally Denied my AOS at Interview

    in Adjustment of Status Case Filing and Progress Reports

    Posted · Edited by bmqsg5h3

    12 hours ago, Henrison said:

    all hopes goes straight to what's the letter would say

     

    and that is what it's called a Broken immigration system where no other first world country would let this happened for ...

     

    The letter never officially says that USCIS would hold your AOS case pending until your wife becomes a USC, nor says that they give you a chance to re-file I-485 after her naturalization. It should be a standard denial notice. However, as some of us in this thread said, there would be little (but NOT zero) chance that ICE suddenly comes to your home and takes you into custody. You should convince your wife to apply for citizenship asap. How old are her kids? Talk at home in English only so that she can learn English from her kids. 2nd or 3rd grade English is enough for the interview.

     

    We know that the system is broken. I guess most people in this forum are pro-immigrant, and we want to change the system to more immigrant-friendly. However, outside of this forum, different people have different opinions. For example, people like the former WH resident and his supporters want to eliminate many of immigration categories, let only immediate relatives (spouse and minor children of USC), workers with exceptional ability (EB-1/2) and investors (EB-5) obtain GC, give more power to ICE/CBP, kick all undocumented immigrants out from the country, not to allow chain migration... They also think that the current system is broken and needs to be fixed. Please check the immigration systems of the other G7/OECD member countries. You will find the US immigration system is not awfully bad.

    AOS through marriage need help

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    6 hours ago, HRQX said:

    You can file the case yourself. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

    An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: 

    • The applicant is now employed or has ever been employed in the United States without authorization;

    • The applicant is not in lawful immigration status on the date he or she files the adjustment application;

    • The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

    • The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

    • The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

    • The applicant has ever violated the terms of his or her nonimmigrant status.

    Please be aware that this does not mean you are allowed to work before/after marrying your USC girlfriend. Strongly advised to stop working now until you receive EAD or GC. Please be honest when you are filling out any immigration forms, especially I-485 Part 8 Items 16 and 17. Unauthorized work will be forgiven, but lying to the government won’t be. Good luck!

    EB2 AOS without interview - will SSN cards be mailed aromatically if EAD step was skipped?

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Nothing will automatically happen. Since you did EB2/AOS, I assume that you came to the US with a dual-intend visa (H1B, O1, L1, etc) and already have SS number. You will have to fill out SS-5 and mail or fax it to a local SSA office with photocopies of current SSN card and green card (front & back). Enclose a note saying that you are updating your immigration status (non-immigrant to LPR) and requesting a replacement of your SSN card.
    https://www.ssa.gov/ssnumber/

    first time traveling outside of the US

    in General Immigration-Related Discussion

    Posted

    I had 18 international travels before naturalization, and the only questions I had been asked at the POEs are:
        • How many days have you been out of the country?
        • Where did you go?
        • What was the purpose of your visit to X?
        • Do you have any food in your luggage?

     

    If you still worry about it, I’d recommend to enroll in the Global Entry.
    https://www.cbp.gov/travel/trusted-traveler-programs/global-entry
    https://www.cbp.gov/sites/default/files/documents/globalentry-info-guide.pdf

    UK/US Passport Question

    in Passports, etc. - What to do now that you are a US citizen

    Posted

    You should be fine. Your entry to the US is no longer a privilege given by the US government. It’s your right.

     

    To check in on an airline at a UK airport, present your UK and US passports. The airline needs to see your US passport to let you board on a flight to the US without ESTA, visa or green card. To the UK immigration (exit control), present your UK passport.

    You'll need to show your boarding pass with your passport at the boarding gate. Either US or UK passport (or both) would work.

     

    For the US immigration, always present your US passport. You don't need show your UK passport to the CBP.

     

    How to cancel wife's visa?

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    Only the question is whether or not her immigration visa (and/or your I-130/I-864) can be cancelled by telling the embassy or CBP that you are going to divorce your wife. I don’t think it can be done. However, if you really believe that she married you only for immigration benefits, you may try it now or report your belief to USCIS after she comes to the US. Just filing a divorce here gives her an opportunity to come here to attend a divorce mediation session. Of course, she can come on with her immigrant visa and become a LPR as she’s still your wife until the divorce becomes finalized.

    Juminhyo as Evidence of a Bonafide Marriage? - Japan

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    You can obtain a Certificate of Acceptance of Marriage Report (konintodoke jyuri shomeisho) at your local city/ward office.

     

    Living at the same address doesn't necessarily prove a bona fide marriage, but you may also submit photocopies of:
    Resident card (zairyu card)
    My number card (kojinbango card)
    Basic resident registry card (jyumin kihondaicho card)
    Driver's license (unten menkyosho)
    Health insurance card (kenko hokensho)
    Notice of local tax payment (chihozei kettei tsuchisho)
    Utility bills (electricity, gas, water, phone, NHK, etc)

     

    Decoupling I140 and AOS

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    FYI


    https://fam.state.gov/fam/09FAM/09FAM040213.html#M402_13_5_B
    DHS has determined that the approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O-1 or O-3 petition, a request to extend such a petition, or the alien’s application for admission, change of status, or extension of stay.  The alien may legitimately come to the United States for a temporary period as an O-1 or O-3 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States.

     

    https://www.uscis.gov/sites/default/files/USCIS/About%20Us/Electronic%20Reading%20Room/Applicant%20Service%20Reference%20Guide/Nonimmigrant_Empl.pdf
    Page 12
    Can a nonimmigrant in O, P, or R status intend to immigrate permanently to the U.S.?
    The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be the basis for denying an , O-1, P, or R-1 petition, a request to extend such a petition, or the alien’s admission, change of status, or extension of stay. The alien may legitimately come to the U.S. for a temporary period and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the U.S. This provision does not apply to essential support personnel of O and P nonimmigrants.

    Decoupling I140 and AOS

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    O-1 is dual intent and you can file I-140/I-485 anytime.

    https://fam.state.gov/fam/09FAM/09FAM040213.html

     

    You can still work in O-1 status while your I-485 is pending. However, once you leave the US without AP, your I-485 application will be considered abandoned. You will have to use AP to reenter the US, and after the reentry you cannot work in the O-1 status. If you plan to travel outside the US while your AOS is pending, you will need to apply for AP and EAD.

     

    8 C.F.R. §245.2(a)(4)(ii)(C) doesn’t include O-1
    https://www.law.cornell.edu/cfr/text/8/245.2

     

    EB2 NIW I140 approved but my marriage is taking place soon. What next?

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted · Edited by t-ten

    I know several graduate students who did I-140/I-485 from F-1. But, none of them traveled outside the US during their processes.

    For Follow-to-Join, you have to marry your fiancée before your AOS gets approved. You will have to travel to your (and/or your fiancée's) home country to get married and return to the US OR your fiancée will have to come to the US on B-2 or VWP, get married in the US and come back to her home country. Once you leave the US, I am not sure if you can re-enter to the US on F-1 or not. Is your F-1 a multiple-entry visa? If not, you will have to apply for F-1 and an answer to "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services" in DS-160 should be "Yes." Even if your F-1 is multiple-entry, your intension to reentry will be questionable by CBP at POE.

    How to apply for a work permit with a P-1?

    in Work Visas

    Posted

    7 hours ago, Cata8 said:

    My boyfriend currently has a P-1 visa.

    His visa expires in June of 2020.

    He wants to stay in the States; however, due to his visa he is limited to only playing rugby professionally here.

    He would like to work here until we decide to get married.

    Does anyone have any ideas on how to apply for a work permit or what visa he would need to work here?

    We are looking at truck driver's program in terms of work or a phlebotomist program.

    He does not have a degree due to playing rugby professionally all of his life.

    Country of origin is Wales.

    For now how about extending P-1 as a player or coach in his professional team? OR J-1 or P-1, O-1 (possibly cap-exempt H-1B?) by becoming a coach/trainer in a college rugby (or American football) team?

    H1B visa stamp with submitted I-140 form

    in Work Visas

    Posted · Edited by t-ten

    The H1B is dual-intent and can be extended beyond 6 years if I-140 petition was filed over 365 days ago. I got a H1B stamp in Ottawa, while my I-140 (EB2 NIW) & I-485 were pending and after 6 years of H1B. No question was asked at a window in the visa section of the embassy.

    Advance Parol to H1-B or O1-B

    in Work Visas

    Posted

    On 10/18/2019 at 11:21 AM, Chegie said:

    Do you know all documents my employer is required to file?
    My company agreed to pay prevailing wage for me. 
    Do you have lawyer to recommend?

    Sorry I don't know any immigration lawyers in New York City. You are presumably super good (having extraordinary ability) in your professional field as you consider applying for O-1B. It is your company's responsibility to hire a good immigration lawyer for your visa (and keep you in their theater). If they don't take the matter seriously, I'd suggest you to find a job at the other organizations (non-profit organizations, art centers, art schools, universities, etc) who better support you, or do self-petition for EB1-EA. Good luck!

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