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    Entering US first time without petitioner

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Tracker

    20 minutes ago, Mike E said:

    If the financial sponsor doesn’t actually have domicile in the US, then doesn’t the basis for granting the beneficiary’s green card crumble? 
     

    Seems like DHS could down the road check travel histories and conclude the beneficiary’s green card was fraudulently obtained through a fraudulent I-864.  

    3 hours ago, Jorgedig said:

    If he is a green card holder who no longer intends to reside in the US, he is putting his green card at risk.

    He does plan on maintaining his green card. Right now he has to be in India for a while so he got a re-entry permit. Could this become an issue when I try to enter the US from Canada?

    I actually had a joint sponsor for my case. so technically the financial sponsor his him. although i understand the primary sponsor would still be my dad

     

    Entering US first time without petitioner

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Tracker

    1 minute ago, Chancy said:

     

    Only the first US entry matters, as far as your father accompanying you is concerned.  After that, you may leave and re-enter using your temporary I-551 stamp, without your father travelling with you.

     

    okay that sounds good. i was wondering if they'd still ask proof and stuff about his domicile. will it matter if he travels outside of the US during this time? when i enter again after visiting canada

    Entering US first time without petitioner

    in Bringing Family Members of Permanent Residents to America

    Posted

    Just now, Chancy said:

     

    Is your father going to travel with you when you first enter the US with your immigrant visa?  You cannot legally get a temporary I-551 stamp in your passport in the first place without your father moving back to the US with or before you.

     

    he will be accompanying me when i first enter. but i plan on travelling to canada after that..for which he won't be accompanying me. 

    so will it be an issue trying to enter back without him?

    or they'll consider my case individually from that point on 

    Entering US first time without petitioner

    in Bringing Family Members of Permanent Residents to America

    Posted

    6 hours ago, SusieQQQ said:

    It is always a requirement that the petitioner enter with or before the beneficiary. In your case they clearly had questions about your dad’s actual domicile (implying more than just “some things that came up at the moment”), making me think that if you try to enter first they might actually re-look at the entire case (notify embassy to do so) rather than just telling you to go back and return with him. Conceivably as a consequence, this may also raise questions about your dad’s actual LPR status too. (In other words, they might figure that the only intention of your dad getting a green card was to get you in and he never intended to actually permanently live in the US.) Sounds like skating on thin ice to me.

     


     

    okay, this is helpful information. will it be okay for me to travel outside of the country though? I'm planning on visiting my sister in Canada and my father won't be accompanying me there. will it be an issue trying to enter back into the US with the temporary green card stamp in my passport?

    Entering US first time without petitioner

    in Bringing Family Members of Permanent Residents to America

    Posted

    Hi, I hope someone here can answer this for me. My visa was approved about a month ago and the category is F2A- child of LPR.

    Is it necessary for the petitioner (my dad) to enter the US before or at the same time as me? He's in our home country right now.

    Or can I enter the US without him while he's in India. He has some things that came up at the moment and not able to travel right away.

    During my visa interview - the visa officer specifically asked questions about his domicile and I had proof with me about intent to re-establish it and he accepted. So I'm thinking they'll probably have notes of that when I'm entering the country as well and it could cause an issue if I try to enter without him.

    can someone please offer some insight?

    would it cause an issue if i enter without him?

    F2A Child- Proof of Domicile for LPR father

    in Bringing Family Members of Permanent Residents to America

    Posted · Edited by Tracker

    9 hours ago, SusieQQQ said:

    Does his pension get paid into US bank accounts? Does he actively use a US debit or credit card in the US? Does he have a state ID (in lieu of drivers license)? Does he belong to any local clubs that he is active in? Does he have a doctor/medical history in the US? There are many possible angles to show someone is living in the US… the main problem seems to be that he actually isn’t, so none of these are applicable.

    If the petitioner is in the US at the time of interview, will domicile still be an issue that will be investigated? 

    He does have some of the proofs you suggested here. And I'm trying to look for anything else that is applicable for someone in his situation

    F2A Child- Proof of Domicile for LPR father

    in Bringing Family Members of Permanent Residents to America

    Posted

    On 6/10/2021 at 4:17 PM, SusieQQQ said:

    I am inclined to agree on the face of it domicile looks a little tricky. Was the idea that your father would be an LPR until he could sponsor you and then he will return to India once you have a green card? Because that is kind of what this looks like.

    The intention isn't for him to not maintain his status in the long term. There are some persona issues and he needed to visit India for longer, hence the re-entry permits. He will most likely be back in the US at the time of my interview but bc he has history of staying out and not necessarily maintaining domicile we are worried about this being an issue.

    If the petitioner is retired, and is dependent on someone, doesn't pay utilities/drive etc - what kind of domicile proofs could we possible collect?

     

    F2A Child- Proof of Domicile for LPR father

    in Bringing Family Members of Permanent Residents to America

    Posted

    On 6/10/2021 at 3:39 PM, arken said:

    It is possible the CO may ask for additional info at the interview. Can he not stay in the US till then? If he remains in the US, nothing is required. He needs to return back to US before you or with you anyway. He is jeopardizing his own GC as well by traveling again soon after staying abroad for couple of years.

    Is the beneficiary allowed to enter the US before the petitioner? (If domicile isn't an issue and the visa is approved). 

    I know the primary applicant is supposed to enter at the same time/ before the derivative family members. But what about the beneficiary entering the US for the first time while the petitioner isn't in the US? If someone could clarify, I'd appreciate it!

    F2A Child- Proof of Domicile for LPR father

    in Bringing Family Members of Permanent Residents to America

    Posted

    My father who is a permanent resident is my petitioner. I'm expecting an interview in maybe a few months from now and had concerns about his domicile proof.

    He got his green card in march 2017. since then, he's stayed out of the US on a re-entry permit for over two years and has just returned to the US 8 months ago. He is planning to visit India soon, before my visa interview. He is retired and isn't working in the US at the moment and doesn't drive, no tax-returns or lease agreements/utility bills because he is dependent on my brother (who is my joint sponsor). My father has a bank account in the US but it has not been actively used. What can I possibly submit as his proof of domicile? 

    At the NVC state, we only submitted his green card copy and that was accepted. But I'm concerned about his domicile being an issue that could be brought up at the interview, and if they want to see more proofs. 

    If someone has been in a similar situation and has pointers for me, I would appreciate. Thanks!

    PCC from Indian Consulate in Chicago

    in National Visa Center (Dept of State)

    Posted

    14 minutes ago, AP-1 said:

    I have similar situation. But i was living in canada. 
     

    i got my indian pcc from Toronto consulate while i was there. 
     

    but now i have moved to india. 
     

    i had to get canadian PCC and New Indian PCC as i have moved here. 

    Did you get a checklist? And when did you submit your docs? Was your present address on ds260 for Canada? 

    1 minute ago, AP-1 said:

    It wont take long to get PCC again in India. 
    i just got my PCC again and they gave it to me right on the spot. 

    I think some passports require verification if it's older than a certain date so it takes a bit longer

    PCC from Indian Consulate in Chicago

    in National Visa Center (Dept of State)

    Posted

    4 minutes ago, designguy said:

    Right so in your DS-260 you put your current address as India which would mean that the PCC would need to be that of an Indian resident.  (In my option, could be viewed differently but NVC will be looking at the dates) If you are in India you might as well go and get the resident version of the PCC to have on hand in case you do get the checklist

    I hope I get a checklist and not a rejection for that doc bc it would take time to get the PCC here and then wait 6 weeks for review!

    PCC from Indian Consulate in Chicago

    in National Visa Center (Dept of State)

    Posted

    I've submitted a Police certificate from the Indian Consulate in Chicago to NVC and I wanted to ask if people have been in the same situation.

    I see that on their website they mention if you are residing in India, it has to be from the Regional Passport Office. 

    Well the one I submitted was authorized by the RPO, they verified address and sent it back to the consulate but it doesn't mention RPO anywhere.

    I was in Chicago when filling out the application so I sought to get a PCC from the consulate at that time. However I put my India address(where's I would be moving to in a few weeks) as 'present address' as I wanted further correspondence to go to my India address.

    I'm worried that the officer reviewing my case will reject the PCC thinking it's not the right issuing authority.

    Any inputs? Has anyone been in a similar situation before? 

    I just don't want to wait 6 more weeks for them to review a new document as it's already my second resubmission :(

    LPR dad filing for AOS for daughter

    in Bringing Family Members of Permanent Residents to America

    Posted

    5 hours ago, SusieQQQ said:

    When was your PD current?

    you are ok with adjustment pending if you drop out of school or use your ead and invalidate your status, but if for any reason your AOS is denied you will have no fallback status and have to leave immediately.  Have you completely kept to your F1 status until now, including no unauthorized work etc? Any violation of status is not forgiven for beneficiary of LPR. If there was any hint you used your non immigrant visa to enter with the intent to adjust that can also cause problems as you are not IR of USC.

    I have been maintaining my status since Jan 2015 and going to school full time, only worked on campus and I am almost about to graduate. However, i am willing to take that risk and go part time at school and use my EAD. 

    My PD is March 2017

    LPR dad filing for AOS for daughter

    in Bringing Family Members of Permanent Residents to America

    Posted

    Hi,

    I'm currently an f-1 student and my dad is a lawful permanent resident. He filed for my permanent residency and my i-485 application is pending (received receipt notice) . I also received my work permit.

    I just needed clarification on being able to quit taking classes after receiving i797c. I know it's advisable to maintain f-1, but if I wanted to can I drop classes and still be lawfully present in the country until AOS is adjudicated?

    I read in a few forums that this is only true if a USC files for you and you are an immediate relative...but preference categories have to maintain their non immigrant status or it negatively impact AOS.

    appreciate your help,

    Thanks

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