jamburger

Parents received their passports with visas today. The format of PCC worked.

I sent the documents, delivered on Feb 15th. No update so far.

My parents immigrant visa application was denied during the visa interview in Montreal. They received 221g to submit correct format of Canadian Police Certificate.

1) For the interview, my parents took Canadian Police Certificate that said "Type of Criminal Record Check for Personal Use: Visa-Border Crossing, Foreign Travel, Work document". This document was rejected.

2) They obtained police certificate again by following the guidelines given by the visa officer. However, we aren't sure if we got the right format now. Given that risk/consequence of submitting incorrect format document again is high, reaching out to this community to confirm if we have the right format of Canadian police certificate now.

Please take a look at the attached latest police certificate and share your thoughts.

Thanks

I came to Canada (BC) from USA on a closed work permit, working at one of the tech companies in BC. I am about to quit my job (for personal reasons).

• My closed work permit is valid for 2 more years. Will it remain valid even if I resign my job at this company? Am I legally allowed to stay in Canada while the work permit is valid? If I don't find another job in a few months, I will move back to US. But I am not sure if I am allowed to stay here and look for another job.

• I want to look for another job. Do I have an option to convert my closed work permit to an open work permit? What is the process for it? Or is finding another employer and changing to their closed work permit the only option.

• My wife also is currently working on a closed work permit. Can I apply for an open work permit as her dependent? Wondering if it is better to apply to open work permit by myself or better to apply as my wife's dependent. If I get the open permit as my wife's dependent, will I automatically lose my work permit if my wife loses her job for some reason?

Thank you for your help.

I am a US citizen applying family based US GC for my parents. My parents are born in India, naturalized Canadian citizens living in Canada since 2015. I applied for I-130 for both my parents in April 2022, I received I-130 approvals in May 2023. I am preparing for the next step (NVC) and looking for guidance.

1) My parents do not have birth certificate. They are both born in India prior to 1969.

a) Do I need to obtain non-availability of birth certificate for them, so are birth affidavits enough?

b) Who should provide the birth affidavits? Can my parents provide the affidavits or should it be from someone who has knowledge of their birth (i.e. someone older than the parent and has knowledge of the birth)?

c) My parents are 75+ and they barely have one relative older than them and has knowledge of their birth. What are our options regarding who can provide the affidavit?

2) Since they lived in India (before 2015) and Canada (after 2015) in the last 10 years, I am assuming I should get police clearance letter from both the countries.

a) Is that assumption correct?

b) Can I get the police clearance certificate from the Indian consulate in Canada, or should it have to be from a govt office in India?

3) Do I have to be in US while my parents application is in processing? I would like to move to Canada temporarily on work permit (I have a job offer to move there) to stay with my parents until they get US GC and move to US

4) What is the approximate processing time in Montreal, Canada for IR5 visas? Once I submit the documents to NVC, what is the overall timeline I should expect. This will help me decide whether I should stay back in US and wait, or move to Canada temporarily while we wait for parents' GC.

5) Can my parents purchase private health insurance in US via obamacare marketplace once they submit apply for NVC? or do they have to wait till they enter the US on GC?

Thank you!

5 hours ago, jamburger said:

3) After starting the application process, can they travel back and forth between US and Canada?

    a. Consular processing, I-130 step in progress: can they continue to travel back and forth between US and Canada, while this step is in progress?

    b. Consular processing, I-130 step complete & waiting to NVC interview: can they continue to travel back and forth between US and Canada, while waiting to NVC interview?

 

Can someone please comment on the consular processing process? Can the beneficiaries travel in and out of US (using their Canadian passport) after I file I-130 using the consular processing option? Or are they not allowed to enter US until they get their GC?

10 minutes ago, Jorgedig said:

Consulates are very strict about DNA testing.  You cannot just go to any lab you wish.

 

You seem to be headed down a slippery slope.  My advice is to do things legitimately.  You already have issues proving parentage, don't complicate it with other shady activities.

No, I am NOT going to any lab I wish. I called the USCIS approved AABB lab that that took my DNA sample and they suggested that my parents can visit their location (just like I did) and get tested at their location. This is same lab that is waiting for the Consulate in Canada to open DNA testing for 2 years now. That lab said, bring your parents here and we will collect their sample here. 

No shady activities, doing things legitimately.

15 minutes ago, iwannaplay54 said:

You know exactly what to do.  You have already filed a petition.

Like I said, that petition was filed when US-Canada land border was closed due to Covid. So concurrent filing was not option then. Now, I know it is not option even now after the border is open.

23 minutes ago, iwannaplay54 said:

Best thing to happen here is take this thread down.

OP is suggested to petition his parents properly, not search for ways to skirt immigration laws.

 

Perhaps the laws/process is obvious for some people on this form but I didn't know, hence the question. Thanks for letting me know. 

1 hour ago, Jorgedig said:

No.  Filing concurrently after they enter for a visit in order to circumvent the queue is fraud.

 

What happened to petitioning them, as per your other threads?

Thanks for your comment. I didn't know concurrent filing as a visitor is a fraud. I thought consular processing is for people who cant enter US. Now I understand.

Regarding your question: I filed I-130 petitions in 2020 when US-Canada border was closed due to Covid. I chose consular processing at that time. I assumed they can't enter US after I start the GC process, but US-Canada border was closed, so wouldn't have mattered. However, US Consulate in Canada paused DNA testing services and my petitions were denied in 2021 because DNA tests are still paused. 

I want to re-apply for I-130, now that US-Canada border is open. Although US Consulate in Canada still didn't resume DNA testing, my parents can get DNA tested in US. 

I am applying for US green card for my parents to come live with me (naturalized USC living in US). They are both naturalized Canadian citizens currently living in Canada. They currently travel back and forth between US and Canada almost every month.

Please let me know if you know the answers to the below questions. I really appreciate your time and help.

1) Can I file I-130 and I-485 concurrently while they are in the US as visitors?

2) If yes, how long is the typical processing timeline for concurrent filing. My assumption is that concurrent filing is much faster than consular processing. But don't know what the timelines are for concurrent filing or consular processing in Canada.

3) After starting the application process, can they travel back and forth between US and Canada?

    a. Consular processing, I-130 step in progress: can they continue to travel back and forth between US and Canada, while this step is in progress?

    b. Consular processing, I-130 step complete & waiting to NVC interview: can they continue to travel back and forth between US and Canada, while waiting to NVC interview?

    c. Concurrent filing, I-130 and I-485: can they continue to travel back and forth between US and Canada, while the application is in progress?

On 3/13/2022 at 4:26 PM, jan22 said:

No, sorry, you cannot.  The overseas sample needs to collected under observation of a US government official at the Embassy/Consulate as a fraud prevention method.

Yes, that's true. However, I plan to get the DNA sample collected for both parents at an approved lab within US. My question is whether I can do that before I file for I-130 and submit the evidence along with I-130, instead of waiting for the RFE after filing I-130.

On 3/13/2022 at 10:32 AM, Illiria said:

Yeah this concerns me too, but it might be just a case of late registration of the birth certificate.

 

@jamburger Can you confirm if they were asking for dna proof from your mother as well?
 

Was you birth certificate registered late?

 

Or, hopefully not, were you legally adopted and now you are trying to have your biological parents petitioned?

 

Those who have been adopted, or listed the wrong parents on their birth certificates and immigrated due to that wrong information, cannot petition their biological parents. 

I do not have a birth certificate at all (I was born in India and parents migrated to Canada later). So getting DNA test for both parents.

2 minutes ago, milimelo said:

I’d go with one of the labs USCIS/DOS use and do it all in one country. 

Yes, that's what we plan to do. Do you know we can get the test done before the RFE and submit the document as evidence when we file the application?

On 5/4/2020 at 3:37 PM, jamburger said:

Hello, I am starting a thread to track I-130 for parents filed in May 2020. Please join the conversation and share your journey/process.

 

I filed I-130 (with Consular processing) for both my parents online today, May 4th, 2020. Got IOE receipt numbers immediately. 

I-130 applications for both my parents got denied due to lack of evidence for biological relationship. I couldn't get DNA test completed due to US embassy closures due to Covid. I want to apply again. Is there a way to proactively get DNA tested and get a document as evidence and submit that along with the application instead of waiting for RFE? I am worried they might deny outright without RFE and opportunity to submit DNA test this time.

My previous I-130 applications for both my parents got denied due to lack of evidence for biological relationship. I couldn't get DNA test completed due to US embassy closures due to Covid. I want to apply again. Is there a way to proactively get DNA tested and get a document as evidence and submit that along with the application instead of waiting for RFE? I am worried they might deny outright without RFE and opportunity to submit DNA test this time.

More background: I filed I-130 (with Consular processing) for both my parents online today, May 4th, 2020. I couldn't establish biological relationship with the documents I had, so I received an RFE (sometime in 2020). I opted for DNA test and started the process. However, due to COVID the US embassy in my parents home country (Canada) did not process DNA test services. Eventually USCIS denied my application due to lack of evidence for biological relationship (despite submitting evidence that DNA test has been initiated). DNA test is still on hold, but now that the US-Canada border is open, all three of us can get DNA tested in the US.

Is it possible to respond to RFE online? I understand that the DNA test results will be sent to USCIS directly, but how about my response to the RFE and secondary evidences, can they be submitted online?

RFE text for father's petition:

CERTIFICATE OF NON-EXISTENCE
When a birth document is unavailable or non-existent, the petitioner must submit a statement from the
appropriate civil authority indicating that the birth certificate is not available or does not exist. When
such statement is submitted, the petitioner is required to submit secondary evidence to establish the
individual’s biological parentage. You have submitted such a statement for your birth. Accordingly,
you are required to submit secondary birth evidence for you to establish a biological relationship.
Secondary Evidence
The best evidence for establishing a biological relationship are records that were issued close in time to
the events they are documenting and include both the parent’s and the child’s names. This may
include, but is not limited to:
Medical records (immunization record);
Church records (baptismal certificate);
School records (report cards, transcripts);
Insurance records;
Employment records;
Financial records (tax returns, money orders);
Residence records showing that the parent and child lived together;
Census or tribal records;
Government records (passports, identification documents);
Family photographs (indicate the date, the place and the persons in each photo); or
Correspondence with envelopes showing dates and both the parent’s and child’s names
Affidavits
You may submit two or more affidavits by persons who are not parties to this petition and who have
direct personal knowledge of the birth. However, please be aware that affidavits submitted without
any of the above secondary evidence will not be accorded any weight, unless you establish that such
secondary evidence is unavailable. Further, affidavits will only be accorded minimal probative weight
unless they are accompanied by other independent and objective evidence that corroborates the
affiants’ statements. Finally, each affidavit must include:
The full name and address of the affiant;
The date and place of birth of the affiant;
The relationship between the affiant and parties to this petition; and
Complete details concerning how the affiant acquired knowledge of the event.
Optional DNA Testing
You and the beneficiary may undergo voluntary DNA testing. If you choose to undergo DNA testing,
you must comply with all testing procedures described below.

Here is the RFE text for mother's petition:

DNA TESTING
You submitted a 'Non Availability Certificate of Birth' for XYZ. However, the
beneficiary's name is not on this document.
It is recommended that XYZ and ABC undergo voluntary DNA testing in
order to establish a biological relationship. Participants are responsible for all DNA testing costs and
must comply with all of the testing procedures described below.
DNA testing must be performed by a laboratory accredited by the American Association of
Blood Banks (AABB). A list of accredited laboratories can be found on the AABB
website: http://www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx
Only DNA test results from an AABB accredited laboratory will be accorded any weight.
If the laboratory is mailing the DNA collection kit to a Consulate/Embassy overseas, they must
include a copy of this notice.
The laboratory must mail the results directly to our office along with a copy of this notice.
If the laboratory is unable to mail the results to our office within 84 days, you must submit
evidence from the laboratory to show DNA testing has been initiated.
Participating in DNA testing does not exempt you from submitting all other requested evidence
within 84 days.
Participating in DNA testing does not guarantee approval of the petition.
If there is no response to this notice within 84 days, your petition may be denied for
abandonment.
If you choose not to participate in DNA testing, you must explain why you choose not to participate.
You must also submit secondary evidence in support of the claimed relationship. See Secondary
Evidence below.
Secondary Evidence
The best evidence for establishing a biological parent-child relationship are records that were issued
close in time to the events they are documenting and include both the parent’s and the child’s names.
This may include, but is not limited to:
Medical records (immunization record);
Church records (baptismal certificate);
School records (report cards, transcripts);
Insurance records;
Employment records;
Financial records (tax returns, money orders);
Residence records showing that the parent and child lived together;
Census or tribal records;
Government records (passports, identification documents);
Family photographs (indicate the date, the place and the persons in each photo); or
Correspondence with envelopes showing dates and both the parent’s and child’s names

Affidavits
You may submit two or more affidavits by persons who are not parties to this petition and who have
direct personal knowledge of the birth. However, please be aware that affidavits submitted without
any of the above secondary evidence will not be accorded any weight, unless you establish that such

secondary evidence is unavailable. Further, affidavits will only be accorded minimal probative weight
unless they are accompanied by other independent and objective evidence that corroborates the
affiants’ statements. Finally, each affidavit must include:
The full name and address of the affiant;
The date and place of birth of the affiant;
The relationship between the affiant and parties to this petition; and
Complete details concerning how the affiant acquired knowledge of the event

I received RFE to submit secondary evidence to establish biological relationship. It’s an RFE because I did not have a birth certificate (I submitted “non availability certificate” and 2x “affidavit by parent”, which obviously wasn’t enough). Passport is in the list of secondary evidences. I have an old passport (now expired) from my birth country that has both my parents' name on it. Is that typically enough as secondary evidence? If yes, what is the best way to send that evidence (should I notarize a copy of that passport page)?

If this isn't enough, the other option I have is DNA testing. But would like to avoid that given the logistics (I and my parents have to drive 3 hours each to get to the test center) and fee involved, unless that is the only option.

Thank you!

I received RFE to submit secondary evidence to establish biological relationship. Passport is in the list of secondary evidences. I have an old passport (now expired) from my birth country that has both my parents' name on it. Is that typically enough as secondary evidence? If yes, what is the best way to send that evidence (should I notarize a copy of that passport page)?

I got an update (online) on my petitions for my parents (roughly about 2 months after applying). It’s an RFE because I did not have a birth certificate (I submitted “non availability certificate” and 2x “affidavit by parent”, which obviously wasn’t enough).

The RFE suggesting submitting DNA evidence.  My parents live in Vancouver, Canada and I live in Seattle. I see there are approved DNA labs near us. But given the border closures we all can’t get tested at the same place. 

Does anyone know how this works? How do we coordinate the testing, confirm relation and submit evidence?

Thanks for your help.

My parents are Canadian permanent residents (they live in Vancouver). They haven’t traveled outside of Canada & US in over a year (so no visits to countries with COVID related restrictions - from the US perspective ). They have valid US visitor visa.

Can they travel to Seattle to visit me (USC), via land and/or air? 

Does anyone know if the EO/ban pauses I-130 processing? I filed in May, but don't know if I should any progress on it until the ban is lifted.