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Jamie and Ben

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  1. Like
    Jamie and Ben reacted to mohamed Saaid in Embassy interview in Morocco   
    Hello everyone,
    I just have a question about the embassy interview, we got approved from NVC a month ago and bcz of the lock down  in morocco we have not heard from embassy about our interview yet so my question is : is there anything we can do or we just have to wait. and if you are from Morocco and you are at the same step you can tell me and i will add you on fb so we can help eachother and keep each other updated
    thank you so much in advance .
  2. Thanks
    Jamie and Ben reacted to JeanneAdil in DS-5540 Question 12? Help   
    reading this may help you understand
     
    The “Public Charge Rule” implemented by the Department of Homeland Security (“DHS”) on February 24, 2020 mandates that certain individuals applying for U.S. immigration status are generally inadmissible into the U.S. if they are found likely to become a public charge at any time. Individuals inside or outside the U.S. who seek to either obtain Lawful Permanent Resident status (apply for immigrant visas and “green cards”) or to extend or change nonimmigrant status (temporary visas) must now demonstrate that they have not received public benefits, or have received limited public benefits, with some exceptions. This requires individuals to provide with their applications for immigration status additional detailed information regarding finances (such as income, assets, credit scores, bank accounts, taxes, debts, etc.). Public benefits received prior to February 24, 2020 will not weigh heavily against these individuals. Immigration case impact and processing trends are still being determined given the fairly recent implementation of the Public Charge Rule.
    Available guidance notes that public benefits considered for a public charge determination include, but are not limited to, the following: any federal, state, local, or tribal cash assistance for income maintenance. Examples include Supplemental Security Income (SSI) and Cash Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Section 8 Housing Assistance & Project-Based Rental Assistance, Public Housing; and Medicaid. In contrast, the following are not considered for a public charge determination: tax credits; unemployment benefits; disaster relief assistance; certain forms of nutritional support, including Special Supplemental Nutrition for Women Infants and Children (WIC) and school breakfast and lunch; and certain Medicaid benefits, including emergency medical care, school-based services and benefits, and Medicaid for individuals under 21 years of age.
    As a reminder, many non-immigrants (temporary visa holders) are not eligible to receive public benefits. Eligibility for public benefits depends on immigration status, age, and other factors. Use of public benefits to which an individual is not entitled may have adverse immigration consequences beyond the public charge determination. All individuals should carefully review eligibility criteria prior to applying for and/or using public benefits.
    COVID-19 Relief Measures
    In response to COVID-19, the federal government has enacted broad economic relief policies. These measures include direct financial aid to families through tax credit rebates, expanded unemployment benefits and new relief programs as well as indirect aid through increased federal funding for businesses and healthcare providers. Generally, the use of disaster relief assistance will not impact a public charge determination for individuals seeking immigration benefits. However, the use of public benefits during COVID-19 can still be considered in the public charge analysis.
    Healthcare Measures
    Federal legislation passed in response to COVID-19 provides additional federal funding for COVID-related testing and treatment, including increased funding for Community Health Centers and for testing and treatment of uninsured and underinsured individuals. USCIS is encouraging anyone experiencing COVID-19 symptoms to seek medical treatment and/or preventative care. Seeking testing, prevention, or treatment of COVID-19 will not factor into a public charge determination for purposes of seeking an immigration benefit, even if the testing/prevention/treatment is federally funded. However, eligibility for Medicaid has not changed, and enrollment in Medicaid during COVID-19 may still be used as a factor for determining an immigration benefit under the Public Charge Rule.
    Stimulus Bill Rebate Payments
    The CARES Act authorized the federal government to issue one-time tax credit rebate payments to certain taxpaying individuals and households, including certain temporary nonimmigrants. Depending on income, eligible individuals can receive up to $1,200 while eligible households can receive up to $2,400. In addition, eligible individuals with children can receive $500 per dependent child under 17 years of age.
    The rebate payments authorized by the CARES Act are considered tax credit payments, which will not factor into a public charge determination.  However, note the following:
    Eligibility for tax-credit rebate payments depends on filing 2018 and/or 2019 taxes and tax residency status and requires all recipients to possess a valid social security number with limited exceptions for certain military households and adopted dependent children. This means that many mixed-status families (families with individuals in different immigration statuses) may not be eligible for the stimulus check.
    Receiving tax credit payments in error may lead to an individual or household owing taxes, which could be used in a public charge determination for purposes of seeking an immigration benefit. It is very important that any individual receiving a tax credit rebate check ensure that they are in fact eligible to receive it.
    Food and Nutritional Assistance
    The Families First Act authorizes states to provide supplemental SNAP benefits to SNAP households and creates a new program, Pandemic EBT ("P-EBT"), authorizing states to provide meal assistance to children who are out of school due to COVID-19 and who would otherwise receive free or reduced school lunches. P-EBT is considered disaster relief assistance and will not factor into a Public Charge determination. However, eligibility for SNAP has not changed and enrollment in SNAP may still be used as a factor for determining an immigration benefit under the Public Charge Rule.
    Unemployment Benefits
    When individuals become unemployed through no fault of their own, they may qualify for relief through unemployment benefits. Unemployment benefits pay out a portion of an individual’s prior income while the individual is unemployed, and are administered by states with oversight from the Department of Labor (DOL). The benefits program is funded through taxes paid by employers. Although the federal government has set a few eligibility requirements, states are largely able to determine their own individual eligibility criteria and benefit levels for basic unemployment benefits. 
    While eligibility requirements for unemployment benefits vary by state, generally someone must be considered “able and available to work” before s/he is eligible to collect unemployment benefits. Since many temporary nonimmigrant work visas (such as H-1Bs and L-1s) require employer sponsorship prior to employment authorization, most people with these types of visas are not considered to be able and available to work. Individuals with other types of work authorization, such as an unrestricted EAD (Employment Authorization Document), may be eligible for unemployment benefits.
    The CARES Act expands on basic unemployment benefits through three programs: Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation (PEUC), and Pandemic Unemployment Assistance (PUA). These programs increase coverage and availability, but eligibility criteria are still determined by individual states.   Some states have temporarily waived eligibility requirements due to COVID-19, including the able and available requirement. This waiver may expand the types of non-U.S. workers who qualify for unemployment benefits in those states. Additionally, some states have waived waiting periods and increased payments. 
    Unemployment benefits are considered earned benefits and will not factor into a public charge determination.
    and it refers to after that date only in the question
  3. Thanks
    Jamie and Ben reacted to Dashinka in W-2 and 1099 transcripts work?   
    When my wife filed her I751 we used transcripts for our jointly filed taxes and did not include copies of our W2s/1099s.  It is my understanding that the the transcripts contain all the W2 information as well.
     
    Good Luck!
  4. Thanks
    Jamie and Ben reacted to Dashinka in W-2 and 1099 transcripts work?   
    The tax transcripts alone should contain all the relevant information required by USCIS.
     
    Good Luck!
  5. Thanks
    Jamie and Ben reacted to pushbrk in Do We Need I-864A for Joint Sponsor's Spouse?   
    Correct.  The OP is reading USCIS instructions, but it is a Consular Officer (Dept. of State, not Homeland Security) that will make the decision.  Not "several cases" but NOW, nearly all cases with a joint tax filing spouse, the officers ask for the I-864a.  Provide it now or face potential visa issue delays.
  6. Thanks
    Jamie and Ben reacted to arken in Do We Need I-864A for Joint Sponsor's Spouse?   
    Technically it’s not required but there were several cases where i864A was asked from the spouse. I guess some COs or IOs would like to see it regardless.
  7. Thanks
    Jamie and Ben reacted to AnnaLee24 in DS-5540 Question 12? Help   
    The first line in question 11 says “for the purposes of this form public benefit means...”
    so I would think question 12 wouldn’t apply but I would be very transparent and write “see attachment” in question 12’s explanation. Write a blurb you are not sure if this question means ever or just since 2/24. Get your husband to request his social security benefits letter and benefits application information include that and explain that he was on benefits 10 years ago, here is proof, also proof he hasn’t used any since. I if I was looking at that application I would think “okay, this person had a hard time, got assistance but has shown the ability to get off and stay off public benefits”. A good example how public benefits should work.
     
    Link to how to get a benefits letter
  8. Thanks
    Jamie and Ben reacted to AnnaLee24 in DS-5540 Question 12? Help   
    That is good. If you were included in the household size to calculate eligibility then I would be a tad worried. Let me urge you to be honest. But now thinking I’m curious why you are even filling out that line, unless you or your husband has received public benefits in the past  12 days.

  9. Thanks
    Jamie and Ben reacted to NikLR in DS-5540 Question 12? Help   
    You check yes and explain that your USC husband and child used snap. They are exempt. 
  10. Like
    Jamie and Ben reacted to Raftnfish in CEAC Upload of DS-5540 Public Charge Documents   
    Hello All,
     
    Looking for a little clarity on the not so clear DS-5540 handling. 
     
    Discrepancy on instructions: DS-5540 Part 3 Insurance.
     
    DS-5540 Instructions:
    ...If you have insurance and answer ‘yes’ it instructs to attach supporting documentation. 
     
    DOS Website assertion from February 2, 2020:
    Line Item 4 states that supporting documents and evidence should ‘NOT’ be uploaded to CEAC. 

    ...to make it more ambiguous Line 3 states that applicants ‘MAY’ scan and upload the completed DS-5540. 
     
    I’m having a little angst as I’m holding off ‘submitting’ the CEAC due to this ambiguity. Darned if I do, darned if I don’t. I don’t want to get a checklist for this and also want to abide by what limited instructions that have surfaced. 
     
    Options:
    1) Choose the discretionary ‘May’ assertion and DON’T upload anything relating to DS-5540 yet rather just bring it to the interview. 
     
    2) Upload DS-5540 without supporting documentation (specifically insurance coverage) and hope for no checklist. 
     
    3) Upload DS-5540 and proof of insurance as the only supporting documentation. Then would they checklist for additional artifacts e.g. Secondary Education Diplomas, Occupational Certifications and correspond translations...
     
    4) ...
     
    Oh, I am the petitioner for my CRI spousal applicant and am fortunate to have planned ahead and added her to my company insurance under open enrollment for 2020. 
     
    Calling any/all first hand experience and plausible insights. 

  11. Thanks
    Jamie and Ben reacted to carmel34 in Possible to Unlock DS-260?   
    If you have not yet submitted the I-864 and financial documents to support the I-864, your file is still at NVC.  They cannot complete the review of your documents and schedule an interview until you have sent or uploaded everything and paid all the fees.  So do that first, and then correct any issues with the DS-260 at the interview.
  12. Thanks
    Jamie and Ben reacted to erzengel in Possible to Unlock DS-260?   
    No.  We were still very much at the NVC stage.  It was just a day after I had submitted the DS-260 when we thought we made an error.  I think at that point, we had only uploaded some financial docs.
     
    So, it was still early in the process; no docs submitted.  To be frank, it's useless trying to get NVC to unlock the DS-260.
  13. Thanks
    Jamie and Ben reacted to NikLR in Possible to Unlock DS-260?   
    It takes a lot of effort. Normally a supervisor review.
    It is generally best to bring up errors at interview.  To not do so puts you at risk for misrepresentation. 
  14. Like
    Jamie and Ben got a reaction from OrihimeandIchigo in DS-5540 Question 12? Help   
    Hello, I'm needing advice. I'm filling out the DS-5540 and I'm confused on question 12. See while I was over on a different visa in the USA years ago I met and married my husband and we had our son. My husband and son who are U.S. citizens used the program SNAP back then while I did NOT. So what do I put in question 12. Because I never used or received any benefits or public programs. And because my husband and son are not immigrating with me since their U.S. citizens but they are a part of my family I'm confused. Can someone help please. 
     

  15. Thanks
    Jamie and Ben reacted to NikLR in DS-5540 Question 12? Help   
    Your husband and son are exempt from public charge.  
  16. Thanks
    Jamie and Ben reacted to NikLR in Possible to Unlock DS-260?   
    You can call the NVC.  If your case is already at the embassy or consulate you cannot have it unlocked.  Any mistakes you made should be mentioned at interview and corrected at that time if you're past the unlocking stage at NVC. 
  17. Thanks
    Jamie and Ben reacted to erzengel in Possible to Unlock DS-260?   
    I tried to unlock our DS-260 to fix a minor mistake.  I sent a request through the AskNVC messaging system.  I got a response 7 weeks after I submitted the request:
     
    Dear Sir/Madam:
     
    We received your inquiry regarding missing, incomplete, or incorrect information on the DS-260 (Online Immigrant Visa Application and Registration Form) submitted online. Unfortunately we are unable to reopen the form for corrections at this time.
     
    At the time of the applicant's interview, you may notify the consular officer of any information which you were unable to modify in the DS-260 form.
     
    We didn't need to bring up the error during the interview.
     
  18. Like
    Jamie and Ben got a reaction from OrihimeandIchigo in Possible to Unlock DS-260?   
    Hello, I was wondering if its possible to unlock the DS-260?
     
     I've read different things on google. Some say yes and some say no its impossible and to wait till your interview to fix anything. 
     
    1. If its unlocked do you have to start everything over? Or does it save everything and it make it where you can just edit things? 
     
    2. Do you contact your embassy in the country your in?
     
    3.And how do you contact them? Via phone or email?
     
    4. Which services department in the embassy do you contact to unlock it?
     
    5. How long did it take to unlock your DS-260? Whats everyone's experiences in this matter? 
     
    Also how recent was your experiences if you were successful in unlocking the DS-260? Was it years ago or recent? 
     
    Thank you for reading this.
     
     
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