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About HRQX

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  • Location San Francisco, CA, USA

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  1. It won't affect his F2B process, but did he register with the Selective Service before turning 26? https://www.sss.gov/Registration/Who-Must-Register/Chart https://www.law.cornell.edu/uscode/text/50/3802
  2. He did face a CBPO when he entered; he entered with a tourist visa. It's because the INA 245(c) adjustment bars do apply to him: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 There are exemptions to that. For example, both the 6th and 9th circuits have ruled that individuals who Entered Without Inspection and later received TPS are considered to have been "admitted" for purposes of AOS: "If you have never before been granted deferred action under DACA, USCIS will not accept your initial DACA request." https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction
  3. You can marry anywhere (US, Canada, etc.). You'll wait for the CR-1 process in Canada. The interview is in Montreal: https://ca.usembassy.gov/visas/family-immigration/ You can visit (subject to CBP's discretion) while you're waiting: P.S. All advice above is assuming you aren't an American Indian born in Canada (with at least 50% American Indian blood): https://www.uscis.gov/greencard/american-indian-born-in-canada
  4. Pending AOS applicants are in "a period of stay authorized by the Secretary of Homeland Security." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3
  5. As geowrian mentioned above, the lawsuit can't compel the employer to hire the job applicant. But if an employer does hire the applicant, the employer can't later change course by doing a retaliatory firing: https://www.law.cornell.edu/uscode/text/8/1324b "Prohibition of intimidation or retaliation"
  6. Different IER cases: https://www.justice.gov/crt/immigrant-and-employee-rights-section-news A recent case: https://www.justice.gov/opa/pr/justice-department-settles-immigration-related-discrimination-claim-against-oregon-school "The INA generally prohibits employers from refusing to hire certain work-authorized non-U.S. citizens because of their citizenship status. It also prohibits employers from pre-screening applicants by requesting specific documentation to prove work authorization based on employees’ citizenship status or national origin." "Under the settlement, the Woodburn School District will pay the rejected applicant $5,774.81; pay the maximum civil penalties applicable ($5,543) to the United States; and be subject to departmental monitoring, training, and reporting requirements for a three-year period."
  7. That part is odd, it should say 'a job they can't find a United States worker to do': https://www.law.cornell.edu/cfr/text/20/655.738 Definition of United States worker https://www.law.cornell.edu/cfr/text/20/655.715 OP is a United States worker because she is authorized by DHS to be employed in the US. I agree 100%. I've been working with EADs since 2002. If I were OP, I'd still give DOJ's Immigrant and Employee Rights section a call: https://www.justice.gov/crt/immigrant-and-employee-rights-section They take §1324b violations seriously.
  8. It's still illegal. Employers can't dictate which I-9 acceptable documents to accept. "Federal law also prohibits employers from conducting the Form I-9 and E-Verify processes before the employee has accepted an offer of employment." https://www.eeoc.gov/laws/practices/inquiries_citizenship.cfm OP has an EAD which is a List A document.
  9. That is normal. Also, it's "DHS" not DHC. Yes Yes. Also, Form I-131 is optional but also free. See I-485 instructions Page 16: https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf "If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485." Send updated info for Form I-864. Yes. Cover letter examples for I-485, I-765, and I-131: https://www.visajourney.com/forums/topic/719721-aos-packet-question/?do=findComment&comment=9880776
  10. Yes, you are eligible via either the 3 or 5 year rule. You are eligible to submit N-400 for 3 year rule since Feb 2017: https://www.uscis.gov/forms/uscis-early-filing-calculator You are eligible to submit N-400 for regular 5 year rule since Feb 2019. Since you are eligible for both, I recommend filing under the 5 year rule.
  11. EAD is List A. It shows both identity and employment authorization. List C is unrestricted SS card, CRBA, etc. OP doesn't yet have an unrestricted SS card. *GC OR AP
  12. Usually when the USCIS Lockbox rejects a filing there isn't a receipt number.
  13. F2B is for a son/daughter who is unmarried AND CSPA age 21+. There is no visa category for married children of permanent residents: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-january-2020.html What is his current age?
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