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JackG

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About JackG

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  1. Jay, It took about 2 weeks for us after we resubmitted, which was about 1 week less than it originally took. Best, Jack
  2. I love that analogy, it's so true!! And to respond to your other point, yes, the draft was sent to OMB. This particular policy is apparently proceeding as regulation, I stand corrected. ;-) I had not realized that they had proceeded with the a decision to go about it in rulemaking. Though my statement generally is true. They make much of the immigration policy through administrative action w/o rulemaking, i.e., through Executive Orders or "guidance" issued from the Department of Justice or the DHS. It was true of all administrations, not just the current one. It's such a flippant way for the government to make policies that affect millions of lives. On a side note, did you see the title of the proposed rule? "To ensure that foreign nationals coming to the United States or adjusting status to permanent residence, either temporarily or permanently, have adequate means of support while in the United States, and that foreign nationals do not become dependent on public benefits for support." This is farcical because generally, that is what the affidavit of support does. But we must carry on. . .
  3. I apologize to everyone, I didn't get updated when posts were made and didn't realize what I had posted contributed to much discussion. The public comment period does exist for those items that are considered rule changes, but "immigration policy" is mostly done through administrative action and does not need to be put through the public comment period. This is why there are many problems right now, because the administration has blanket authority on immigration. We can always hope for them to factor in public comments on any of these policy changes. But again, this policy has not been implemented yet and may not be. It has been floated and sometimes an administration does that to gauge public sentiment. As I mentioned in my previous post, the Administration has been very unpredictable when it comes to certain policies. It is best not to worry too much until we all know more. As far as for those asking what to do now, for those of you that have received some sort of subsidies from the government, my recommendation depending upon what the subsidy is, I suggest keep doing it (in other words, the damage is done and stopping now, would not necessarily change it too much in the eyes of immigration--at least that appears to be the way they are implementing a lot of rules). If you are receiving certain benefits and you can't go without them (ie., welfare or food stamps), by all means you should continue with those benefits. Your well-being either through health insurance or social security are too important. But if you can get off, for instance, then that could work in your favor if ever put in this position of justifying why you took benefits. The government looks more favorably on people that use these programs as a simple safety net only when needed and then get off them. On Obamacare, purchasing insurance through the exchange just simply allows you to buy a certain level of insurance from a health plan. Yes, it is true that most people getting insurance in this manner need, and get, subsidies of some sort, which is potentially the issue. All in all, if one is really concerned about something I would suggest speaking to an immigration lawyer. If you can't afford one, there are many immigration law clinics around the country that help immigrants in need. I wish we didn't live in a society that put us all in these binds, but if we can wait it out I believe things will return to a more predictable status in the future. Best of luck to all. (For those of you that are looking for articles on this issue and didn't see the post, I included the Washington Post article on the first page of comments.)
  4. Here is the link about the story. Apparently this was in yesterday's Washington Post, which I did not see, but it says that DHS is responsible for the possible change in policy. I do know that the AG has floated this idea in the past so this isn't just out of the blue. https://www.washingtonpost.com/news/made-by-history/wp/2018/08/09/now-the-trump-administration-is-trying-to-punish-legal-immigrants-for-being-poor/?utm_term=.a65743d3126d Best of luck!
  5. I work in the health policy arena in Washington, DC. What I am about to say is NOT politics, it is a legitimate proposal being floated by the Trump Administration (there are news reports, as well, on this). There is concern that if you take a subsidy, even as a legal resident, under Obamacare that it could impact your ultimate residency status. While it is not the way it works right now, the Attorney General, who instituted the separation policy with the children, has floated a new immigration policy that would deny people from adjusting their status to permanent residency or try to get your naturalization if they have EVER taken a subsidy or federal funding for anything, even if it is legal. (This would include subsidies for Obamacare, Medicaid, even Social Security.) This current Administration has been very unpredictable, but this is an actual policy on which the Administration is working. This is a Draconian policy and it could come up with legal battles and other resistance on Capitol Hill, but I would steer clear of these subsidies until after this Administration is gone. Again, this is not about my personal political position, but simply about ensuring that you steer clear until your spouse already has permanent residency, are naturalized, or at least until this Administration is in office.
  6. I just saw your timeline and realized that you were talking about an AOS not the actual visa. Sorry about that.
  7. Hello, Congratulations on getting the interview date. I have a question, hopefully, you can give your perspective. We received a notification that we are documentarily qualified and our case is complete on July 3rd, and that they are trying to schedule the interview. But we have not received any other news. Can you please tell me when you received your "case complete email" and when you received the interview date? It has been 13 days for us (of course, I recognize that there were both US and Argentine independence day holidays in the mix.) and the wait is killing us. I have had to postpone several events because this process has taken too long for us, but I just am trying to gauge the timeline for this last bit of the process. Any observations you can provide are greatly appreciated. Thank you.
  8. All, Does anyone have an idea whether the resubmission of documents and the subsequent review takes as long as the first review, or do they look at the application again fairly quickly? We were asked to resubmit a police certificate because we submitted the wrong one. Now that it is done, I'm trying to figure out if we have to wait the same length of time before they review it or if they will get to it in an expedited fashion. Thanks for reading.
  9. I agree. I just saw that as well. This seems to be the problem. My souse is going to call the agency. The problem and confusion on his part is you actually must request the document online before making the appointment (and paying the fee at the bank), but on line there is only one request and it doesn't specify anything about Article 51 of the Penal Code. So I think he just needs to be more specific when he goes back in to talk to them. I went through the web pages myself and it doesn't have anything but the one request. But he still needs to go down and meet them personally to pick it up, so I'm guessing that will be how he requests it. Thanks for the follow-up. This has all been very helpful because I doubt my attorney will figure it out. Best, Jack
  10. Thanks Chris and Shumway88. My spouse is in Buenos Aires, and it does not have "con excepción al artículo 51 del Código Penal" but I am wondering whether they are looking for that anyway as if he is in the US already. I haven't been able to find any other place to get a certificate from and he got what he was asked. My attorney hasn't responded yet. I am quite perplexed by this. I appreciate your quick responses. Best, Jack
  11. I need some guidance please. We just received notice that the NVC has accepted all of our application except one document, it has rejected our police/criminal record report (completely clean), though our lawyer and anything I can find online told us to go to go to the Federal Ministry of Justice and Human Rights under the auspices of the Registro Nacional de Reincidencia. We did that and received a clean record report from them. Now for some reason NVC is saying its invalid. (though, my spouse did pay for it to be expedited and they gave him a digitally signed document), but they don't say why it is invalid or whether its the wrong agency . Could someone please tell us if this is NOT the agency we need to go to or if they have had a similar situation that was resolved? Thanks in advance!
  12. Absolutely be concerned with that. My lawyer said that USCIS and the NVC/embassy process are 2 completely different things. They get the information from the USCIS and the additional information. The application and packages sent to the NVC have all the photos and other items with it. Apparently, the lawyer does not seem to believe it is necessary to frontload all that information at the USCIS I-130 submission because it has no real consequence to the NVC except that the USCIS has approved you. I can let you know what has happened with us hopefully soon.
  13. While I agree it is likely more complex and risky going through Ghana, my attorneys did not frontload and only sent in the bare minimum, the marriage certificate, my spouse's passport/birth certificate and that was pretty much it. My USCIS I-130 response was 7 months no questions asked, and we are now going through the process for the embassy and they are adding more photos and such now. From what I can tell the lawyers all have separate filing procedures normal folks. It's very possible that they do not expect lawyers to send in more information than what the forms require. Again, my I-130 submission was very basic no other contact with the USCIS. Best of luck!
  14. JackG

    8 Weeks Wait Time at NVC

    Thank you Abies. You are so right! (our fingers are crossed and prayers continue.)
  15. I'd like to know this as well.
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