Mistermanga

Hi everybody, I have a question and I hope you will help me to address the right steps

I'm a Naturalized US Citizen due my mother. I received my N600 last year and now I'm appliyng for my two sons. the young one is below the 21, and he is studying at Arizona college. For him, due the age, the process will go smoothly (I hope)

the problem is the older one.
He is 23 years old and he lives abroad (in Italy) with me. He has his girlfriend living in US and he would want to travel back and forth every two monts for a couple of week each time to visit her.
of course, his intention is to come back in Italy and complete his college education and MBA. no intention to move in US until that.

my question is: with an I-130 application ongoing, is he allowed to travel in USA using the ESTA (Visa Waiver Program) as a tourist for a very limited time? or there is the risk for him to be denied at the Custom Immigration Check?

thank you for any advice

43 minutes ago, AtlToBlr said:

Wrong. This has not happened. Intent is determined at the border and the officer cant use that as a sole reason to deny AOS. Please stop with this or produce a case where this happened. 

It was not my intention to start this discussion.

I only reported what my lawyer told me as advice ... and believe it or not, it's something that really happened to me during my interview.

I'm not an expert and I do not want to be. I was thinking that the scope of the forum is to share experiences, 

clearly, in this forum there are persons with much more experience than me, so I'll be more than happy to leave the word to them.

that's my last reply.

7 minutes ago, Boiler said:

Sounds like you need a new Lawyer.

I received my GC after 76 days from PD thanks to her . next time I'll need a lawyer (2 years and 9 months) I'll think about your advice. 

4 minutes ago, Ash.1101 said:

 

Incorrect. Intent is determined at the border, if the intent is found to come in and stay in the US and AOS, you get turned around and not allowed in. Being allowed in means that it was found her intent was to come in and visit, anything that happens while visiting has nothing to do with her initial intent at the border crossing.

From what I've seen, there's never been an AOS case based on marriage that was denied on intent.

 

you're right.

of course at the border the access is granted only if the IO is convinced about the purpose of the travel (just short term visit, not stay).

What I would mean with my sentence "just pay attention when you will have the interview for AOS" , and maybe I was not clear enough, is to pay attention to confirm the same version during the interview, because "If the beneficiary violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, the officer may presume that the applicant’s representations about engaging in only status complaint-activity were willful misrepresentations of his or her intention in seeking a visa or entry (cit. amended FAM beginning September 1, 2017" ).

that's my understanding of the rules and, luckly, my lawyer strongly underlined this concept before my interview because I was in the same situation (AOS application from B2).

And the fist question from the IO during the interview was exactly what I declared at my border inspection when I entered with the B2 (his screen was open on my declaration to compare the answer).

said that, I apologize if I gave the wrong impression. it is not my intention to write in that forum to spam wrong information. if I contribute, it's only on experiences I had on my skin.      

25 minutes ago, Boiler said:

Please do not post misleading info.

it's not my intention. why you said misleading info?

14 hours ago, Boiler said:

You can file now

 

AP/EAD 4 to 6 months?

 

GC varies a year or so?

 

Why would you get denied?

just pay attention when you will have the interview for AOS. to apply for an I-485 starting from and ESTA (that is only the fast version of a B1/B2 Visa) is possible but only if you are able to proof that your first intention when you entered in US was to come back to your country. if, for any reasons, the IO will understand that you moved in US with the intention to STAY and Apply as Permanent Resident,  your case will be classified as FRAUD. as consequence, you could have a life ban and your petitioner could have consequences too.

i believe that you marriage is absolutely a bona fide marriage , so be ready to bring with you all the proof about your intention to travel back at the end of your 90 days. 

last but not lease, to hire a lawyer it's a decision that is up to you.  In my case, we hired the lawyer. the result has been NO RFE (so, no delays) and the right advices to prepare the interview in the less stressful way. 

good luck

Hi Minah9

text said that For an EB-2 NIW case, the foreign national can self-petition or have his/her employer be the petitioner. The petition not only needs to establish the foreign national's qualifications under EB-2, but also demonstrate that the qualifications satisfy the National Interest Waiver requirements. 

The law does not specify the definition of “exception ability“. However, the law does indicate that the foreign national must have a degree of expertise above that ordinarily encountered in his or her field.

In order to establish exceptional ability in the sciences, arts, or business, a petitioner must document at least three of the following:

1. An official academic record showing that the foreign person has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
2. Evidence in the form of letters from current or former employers showing that the foreign person has at least 10 years of full-time experience in the occupation.
3. A license to practice the profession or certification for a particular profession or occupation.
4. Evidence that the foreign person has commanded a salary or other remuneration for services that demonstrate exceptional ability.
5. Evidence of membership in a professional association or
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities or professional or business organizations.

in any case, here you can find a lot of useful information about your specific application: http://www.wegreened.com/niw/Frequently-Asked-Questions

good luck

you should be fine with the letter from HR and most recent paystubs. paystubs from previous old company could help to proof your tax declaration, not the current income. if you can show it, is much better the joint bank account statement.

in any case, in your shoes I would try another tentative with HR, showing them the invitation letter from USCIS that clearly explain  (as LisaLisa said) the requirement for an Employment letter. it's an official document and the HR department can't ignore it.

Good luck

7 minutes ago, geowrian said:

Thanks for the clarification!

So she always was a US citizen via birth...she just needed to have that citizenship recognized.

correct

I was convinced that IR-1 meant Immediate Relative, and was related to the priority assigned to AOS Application. my bad.

my wife is 51 years old, she born in Italy like me, and her mother is a US Citizen.

she applied to became  an US Citizen as daughter of an US Citizen late because, in Italy, we wasn't not able to find a lawyer to support us.

After my relocation in US for Job reasons (I was an L-1A visa), she and my brother in law found a very good immigration lawyer, that really helped their application. I remember that, after the first interview with the lawyer, she said to my wife " you don't have to ask to became american.. you're american !! ". After six months after the application for citizenship, she was called for the oath ceremony without any interview.

They applied directly with the N-600 Application. They never had a GC or Naturalization process (N-400).  

I everyone,

I'm new in this forum, but I found on it a lot of information that helped me to make all my path easiest.

so I would share my experience with you all to thanks and help as much as possible

I'm an IR-1 Filer, married with an US Citizen (my wife) since March 2016. Both of us are from Italy.

my wife became citizen last September 2018 as daughter of a US Citizen (my mother in law) 

we had, last Thursday, our interview in Raleigh Durham Field office.

Interview was scheduled for 8:15AM, we arrived at 07:40AM.

At 08:00 the office opened the door, we went through the metal detector, and checked in.

The girl at the reception checked our IDs and invitation letter, and gave us the ticket (K2), then she told us to wait on the second floor.

We waited for 10 minutes, and our number was called (exactly at 08:15AM) and our IO, a middle age, red hair man, walked us in his office.

He asked us to swear to tell the truth and then he took my picture and fingerprints

he asked me the envelope with the medicals, then he started with the questions.

My wife and I have never been separated, and he asked questions to both of us, looking in the face the person from who he was expecting the answer.

He started with me.. he said you were not admitted to enter last December in Dublin (for who do not know, for travelers from Ireland to USA, the US immigration desks are in Dublin and not at destination).

Why?

I answered the truth, that I was overstayed for one month after my visa expiration because I was convinced that I was covered by my ESTA.

After that, I reapplied for a new VISA at the US Embassy in my country, and my position was cleared by the embassy.

He told me that I have been very lucky to obtain a new visa after my ban, but he seemed satisfied about my answer, so he started to speak with my wife (US Citizen and Petitioner).

He asked her basic questions (full name, DOB, her parents name) then he asked to show her green card.

She answered that she never had a GC, but she became US Citizen as daughter of a US Citizen (her mother). He was very impressed about that, and asked her to tell him the story of her mother.

Then, it was my time for the questions.

He asked me the same basic questions, how I met my wife, when we started to live together and where, why we moved in US, when I asked to marry my wife and how.       

After that, he asked for any paper, picture we may have for him.

We gave him:

·         Notarized letters from our friends (us Citizens) declaring our friendship and truthfulness of our marriage (we had four, from different friends). I have to say, the Officer was very pleased to receive these letters.

·         Joint car insurance

·         Joint tax return (2017 and 2018)

·         Joint bank statement

·         Joint Amex statement

·         Joint purchase agreement for the house

·         50 pictures of our together and our families. He asked if there was copies or originals. We said copied from digital file, and he took all of them.

·         Flight tickets and reservations for vacations 2017 and 2018

We had more, but he said that his folder was big enough, now.

So he said that we were approved. Due the fact of me and my wife are married since the 2016, he said that I will receive in 2 or 3 weeks my 10 years Green Card, and If I need to travel for any emergency, just book an infopass and he will provide for the passport stamp.

Then he asked if we have any more questions for him, and I asked what about all my other pending applications (I-130, AP and EAD). He told me I’m going to close all of them right now with your GC Approval.

So he bring us to the exit.

Interview Time from start to the end: less than 30 minutes.

the Officer was very nice and polite, but questions was very focused. we had the impression that, behind the smiles, he exactly known where hit the question.  

In the parking lot I received the notice “ New card is being produced” 

Time from PD to GC approved: 70 days.

I truly would thank you all about all the information you shared in this forum. It helped me a lot to be well prepared and to reduce the stress of the waiting time 

I also wish you all to have a smooth path like I had.