Demise

19 hours ago, HowManyLettersFit said:

⚡UPDATE⚡

Just got the notification that they approved the AWA waiver that I DIY'd, and also approved the I-130 same day! Shout out to @Demise I did exactly his advice. Now we moving on to the next step, i-485 and the waiver.

Her, but hey always happy to help  

1 hour ago, RodAguilar said:

No, I get worried because some people said me they was denied because they said that cross paying a Coyote, But what said Demise is clarify now that the situation is not a problem

Generally people like that end up in that situation because they paid for a coyote to later smuggle a relative (e.g. child). When it comes to the alien smugging bar, you can't get it for smuggling yourself in. 

20 hours ago, RodAguilar said:

While consular interview for petition of mother, if say she cross to us paying a coyote 30 years ago, this could apply a waiver?

None of the things noted in the other thread should be applicable. The inadmissibility for Entry Without Inspection disappears the moment one leaves the US and is basically a dead letter in ways that aren't relevant here. None of the unlawful presence associated bans (3, 10, or lifetime) would apply since they didn't come into effect until the effective date of IIRIRA in 1997.

There is the very slight chance that they could slap her with "alien smuggling" however that is unlikely. The section of law in question boils down to "any other alien", i.e. one cannot get it for smuggling themself in. Basically she'd need to arrange for someone else to get smuggled in, and if that someone was a parent, spouse, son, or daughter - then there's a waiver available. 

All in all, I think she'll be fine. 

4 minutes ago, Boiler said:

OP is Stateless and has no Passport so how would he consulate interview?

Yeah good point, lol. 

46 minutes ago, Bassisto said:

what if  my friend who have big company sponsors me ??

Not an option unless someone petitioned you, or a parent (and you were under 21 and unmarried at the time), or a spouse, before April 30, 2001 (also known as 245(i)). 

Like the thing about overstaying is that immediate relatives of US Citizens (that is spouses, parents, and unmarried children under 21) generally can adjust status despite that.

In most other categories that prevents you from being able to AOS. Can't really leave to do consular processing either because you'll catch a 10 year ban. Maybe if you have a USC or LPR parent I-601A would be an option, but as is either you'd need to get back together with your wife or wait until your daughter turns 21. 

I don't think you'll need a good lawyer OP, what you need is a kid that's over 21 and a US citizen who can sponsor you. 

Though first order of business should be to do a FOIA for the entire copy of your A file and see what exactly happened in there. 

20 minutes ago, butmajor-leagueas said:

Thanks for your response, Demise!

 

Yeah, I was thinking of uploading it as “Secondary Evidence”, and inserting a table in my cover letter to itemize every single piece of evidence that I will be submitting to prove that I was in my parent’s physical custody at the time that I derived / acquired U.S. citizenship from them.

FYI, the "evidence of child's U.S. citizenship" section is not what you think it is. It is for stuff like CBRAs (for INA 301 / INA 309 cases) and U.S. Passports of the child. Remember that even INA 320 children can apply for a U.S. passport via USCIS Form DS-11 upon derivation of U.S. citizenship. They or their parent (for the duration that they are a minor) can apply for their U.S. passport even prior to applying for a U.S. CoC using the same evidence that they would submit to USCIS via a N-600 Application.

Yeah fair point, in that case just stick it under the secondary evidence. 

Or last option just file a paper form. 

It really won't matter. That question is really only meant to verify that you gave the surgeon some ID, and they looked it over and verified that the ID matches you. If they interview you, just bring your passport with you and in the unlikely event they ask just say "yeah I think they copied the wrong number off my passport". 

USCIS in general isn't too picky about how the I-693 is filled out as long as it is mostly correct. When I did mine I just put it in an envelope with the RFE notice and threw it into a mailbox. Looked over the copy after I got home and some of the vaccinations weren't done completely right (missing a few of checkboxes for insufficient time interval) and USCIS took it just fine. 

Give the requirements and the list provided I'd stick that under "evidence of child's U.S. citizenship", since the derivation does hinge on the child residing in US in your physical and legal custody, or alternatively put it under Secondary evidence. 

So N-400 does ask, but the question is solely in the context of "good moral character" which only looks 5 or 3 years back depending on the basis for naturalization. This is similar to how example failure to register for selective service makes you ineligible to naturalize until you turn 31 or 29, but all in itself it doesn't make you inadmissible, or deportable, or barred from naturalization. 

So my take on it is: disclose it, continue working towards resolving this with the IRS (and any state department of revenue, if applicable), explain the circumstances, and you'll be fine. 

Yeah you pay on the USCIS website.

Overview: https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee 

Payment page: https://my.uscis.gov/accounts/uscis-immigrant-fee/start/overview 

In the meantime her stamped immigrant visa is a proof of status until June 14, 2026. So you know, get this out of the way ASAP but if it takes a few months for it to actually get mailed out it's no big deal. 

17 hours ago, Mahi Bansi said:

Hey, hi! That question was not for me but for someone I saw on a Fb group. For me, I filed in March-2022 and has not received any RFE yet. Hopefully my I-360 gets approved soon without a RFE.
 

I do have one question: I had 7 months unlawful presence before I filed my original application. But my I-360 and I-485 are still pending (and I have I-765 & I-131 approved for 5 years, about to expire in 2029). I am aware of the current situation in the country. If ICE encounters me, can they still detain me even if my I-360 & I-485 are pending but because I had 8 months unlawful presence before filing the application? 
 

What do you think, family? @Demise @balo101 @Rhema1 @Pinkrlion @Sandra G. @TBoneTX

 

Thanks!

I mean, I don't think this should normally be a problem but then again ICE is ICE. The pending I-485 gives you a period of authorized stay while that's pending. I'd keep your EAD and ideally a copy of the I-485 receipt notice on your person if ICE has been spotted poking around the area. 

11 hours ago, BHemisphereWorker said:

 

Apologies for the delayed response.

 

Can we simulate a scenario?

 

Let's assume my brother's PD becomes current on Chart A on Dec 2025. His PD is 27 August 2012. His PD becomes current on Chart B sometime Feb 2022 and we got an email on 24 Feb 2022 that he can submit his & his derivatives documents. There were several back and forth and finally got DQ'd on 30 August 2023.

 

CSPA age = Biological age minus processing delay

 

CSPA age = 20 years old & 3 months (Dec 2025) - 11 years (Aug 2012 to Aug 2023)

CSPA age = 9 years & 3 months
 

Is this correct?

 

I need the date the original I-130 was approved to give you a CSPA age. That is not the DQ date, that's when the initial petition your mutual parent filed was approved. They could've approved that in essentially any period of time, normally they sit on backlogged categories for a while to extend CSPA eligibility onto derivative children. 

In any case - if we presume that the priority date becomes current (chart A as you call it) in December 2025, then the oldest is 20 years and about 3 months old at the time, so I think we can skip the CSPA calculation (because you know, under 21 years minus any timespan will still under 21). As long as the DS-260 was filed or will be filed for her somewhere between Feb 2022 and November 30, 2026 she'll be able to immigrate. 

8 hours ago, Bunty24 said:

Hello, my mother had petitioned for my oldest brother (married with wife and a child who is now 21) and the website says "waiting for interview". My question is that long ago, when my parents received their green card interview, I was under 21 and I missed the opportunity to fly back to the country of my birth. They were told that since I am in USA, I should be able to adjust my status (I was an international student at that time); however, long story short, once they arrived here and i went with them (I had already turned 21) so my application was denied at local USCIS Office. They told me that I could have gone back home and completed the interview process. I met someone recently who had petitioned for her sister and 2 sons back in 2008. They just came to USA in February. The sons were both over 21 but they were able to arrive to USA under their mother. 

Question is that were they approved because they were still living there regardless of age? My niece is currently in USA as an international student but she is concerned that she is 21 already and may be denied even if she flies back to her birthplace when their interview appointment is confirmed.  Sorry for long details but really want to understand how this would work.  Based on my previous question here on this forum, it was suggested that she must go back even for 2 weeks for the interview. As of now, how things are, she is also afraid of return. 

Thank you in advance. 

8 hours ago, Bunty24 said:

Just to add to the context. My brother case timeline:

Petition was sent on 10/26/2010
Case was approved on Feb 2015

Priority Date: Oct 26 2010

As of now: waiting for Interview

Country of birth: Bangladesh
if i read the bulletin, they are working on22JUN11 for  F3 category. But not sure if this is same as interview. As of now, we have no update on when interview will take place. It could be months or years again based on current situation.

 

So CSPA works like this: 

CSPA age = Real age when visa becomes available (generally the 1st of the month when the visa bulletin final action date passes the priority date, or when the petition was approved, whichever is later) MINUS the time the petition was pending. In order words the priority date has to become current before the beneficiary turns 21 + whatever time the petition was pending. 

Then the beneficiary has to "seek to acquire" permanent residency before 1 year after visa becomes available. Yeah I'm definitely wording this a bit awkwardly, but that's because DOS and (sometimes) USCIS let you file based on the "dates for filing" chart, they can't actually issue you the visa or green card until the final action dates chart passes the priority date, in essence they just let you file early, and such early filed application still works to lock in the age provided the other parts hold. 

"Seek to acquire" basically just means file I-485, file DS-260, or file I-824. Of note is that the application filed to "seek to acquire" and application that ultimately results in permanent residency does not have to be one and the same. Once locked in the CSPA age doesn't expire and the derivative can immigrate whenever as long as they remain unmarried and the primary beneficiary doesn't naturalize before then (petitions just kinda vanish after naturalization of the principal, so follow to join stops being available). 

So long story short - in this case the petition was pending roughly 4 years and 3ish months. As long as the priority date becomes current before she's 25 and 3ish months old she'll be able to tag along. She should file DS-260 to lock in the age, and then either go to the interview abroad or when parents enter US file I-485. 

Note that filing DS-260 does show immigrant intent, so it's best not to travel abroad after filing that and just stick around in US as an F-1 student. 

22 hours ago, MadeStrong said:

Hello everyone,

 

Thank you all for your incredibly helpful comments in this group. I truly appreciate the support and insight shared here, and I pray that everyone still waiting on a decision receives good news soon.

 

I’m hoping to get some clarity on whether it’s better to file for a divorce or seek a declaration of nullity in the case of a bigamous marriage.

 

Backstory: I found out in 2020 that my marriage was bigamous. Since then, I have filed for VAWA and despite some delays, I finally got my green card last year. I’m now at the point where I want to fully separate myself from this individual and am trying to decide which legal route makes more sense, especially with naturalization in mind.

 

Every time I’ve traveled outside the U.S. and returned, I’ve been sent to secondary inspection. The questions almost always revolve around whether I’m still in contact with my ex. During one of my most recent trips, the actually advised me to get a divorce so I could fully cut ties.

 

 @Sandra G. made a comment on a similar post that bigamous marriages can create complications when applying for citizenship. That really got me thinking, and now I’m unsure what the best legal step is in my case.

 

I’d be grateful for any advice or experiences anyone is willing to share. Thank you so much!

According to Volume 12, Chapter 3, F, 1, of the policy manual, the 3 year provision does apply to bigamous cases. 

Specifically the "or intended spouse" part which is basically defined as: "who believed that he or she had married a citizen of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States".

In simple terms: You got married, you believed you were married, you lived as spouses, but the marriage was illegitimate only because of the abusive USC's bigamy. (INA 101(a)(50) and INA 204(a)(1)(A)(iii)(I)(bb)) 

Digging a bit deeper and looking at INA 319(a) (which is what actually covers VAWA naturalization) "or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty", now we can definitely debate if an intended spouse obtained their status "as a spouse of a United States Citizen" however reading further into INA 204 it does appear so since it does essentially upgrade intended spouses into immediate relatives. In any case, the policy manual (as noted above) does include intended spouses for the 3 year VAWA naturalization.

Like all in all, I don't think it'd really matter if you get a divorce or an annulment but just err on the side of caution and get a divorce. 

2 hours ago, zhydmn said:

Or is it usually forgiven in consular settings? Seems like a grey area

Generally it's not a problem. Unauthorized work isn't normally something that triggers inadmissibility all in itself, it normally is just a bar to adjustment of status and only adjustment of status, so you generally can still leave and undergo consular processing. Of note is that it's not a bar for AOS for immediate relatives of US Citizens (spouses, parents, unmarried children under 21). 

Only related things that trigger inadmissibilities are:

Fraud in somewhere in the immigration process, like you lie to the DOS during a consular interview, lie at port of entry to the CBP, or lie to USCIS while seeking something in US (which triggers a misrepresentation bar that can be waived with an I-601). 

Falsely claiming to be a US Citizen in any context, even in a private casual conversation (which triggers a false claim of citizenship bar at point of which you are utterly screwed). 

Lying otherwise (e.g. falsely claiming to be an LPR on an I-9, or using a wholly made up SSN) do not trigger anything here. So you know, in your case since you just worked under the table, own up to it, file and pay off the back taxes, and you'll be fine. 

2 hours ago, Rhema1 said:

Celebrating what again?

I think you have already gone through the entire immigration process compared to the knowledge and the help you have been giving inside this forum.😊😊😊 

That day will surely come by God's grace 🙏 🙏 🙏 

 

I got my green card May 2024. Still 2 years to go for citizenship. 

Celebrating just nobody else needing VAWA I guess. 

16 hours ago, God is a good God said:

Looks like since Trump became president, we hardly hear about i360 approvals, this platform is so much quieter now

I think it's just selection bias more than anything else. Most people get approved and go live their lives. The day we don't need this thread anymore will be a day I'll be celebrating. 

34 minutes ago, BHemisphereWorker said:

I meant I'd have to check with my family for the details on that one too.

 

Yeah, it does look like the eldest will make it but we're just getting anxious.

 

I'd have to get the details on their I-130 submission. I'm not too familiar with that one as I didn't need that information when I processed mine. I needed the Priority Date and Case number.

In family cases the priority date is the day that I-130 was filed.

DS-260 generally comes before DQ so at least we can guess that was filed. When in this case ultimately doesn't matter now that I looked at it again. I asked mainly because I didn't see that he was DQ'd and DS-260 has to be filed before 1 year after the priority date becomes current to lock in the CSPA age. 

So all in all, it will all boil down to if the priority date becomes current before the oldest kid turns 21 + whatever time the I-130 was pending (e.g. if it was pending exactly 2 years then before he turns 23). So we kinda just need the approval date to see how much wiggle room they've got. 

Also lastly: Both your brother and nephew need to remain unmarried until they're in US as LPRs. 

1 hour ago, BHemisphereWorker said:

Yes, both our parents are now U.S. citizens, so I believe his category is technically F1 now.

 

I just checked Chart A for the F1 category, and it shows 15JUL12 for the July 2025 visa bulletin.

Funnily enough a different section of CSPA handles this scenario. An F2B whose petitioning parent has subsequently naturalized can choose which category to go via (either F1 or F2B). The process is pretty simple, he'll provide proof of the parent's naturalization and write a letter to the NVC that's either "My petitioning parent naturalized, please move me to F1", "My petitioning parent naturalized, please keep me in F2B". This can be done at any time, so it's best to just wait until one of the categories crosses or at least is about to cross the cutoff.  

Only exception for this if the beneficiary married. If parent was still an LPR at the time then the petition is dead. If parent was a citizen at the time then it'd drop to F3 and termination of marriage would move it back to F1 with no option to go back to F2B. 

3 hours ago, Aluvaboy said:

F2B category is unmarried son of legal permanent resident. This category cannot have derivative applicants. Did you mean F4 category? Brother of US Citizen.

F1, F2A, and F2B can have derivative children. So as long as the brother isn't married then out of wedlock kids can tag along. 

Anyways back to the questions OP:

What's the priority date (i.e. when was the I-130 filed)?

When was the I-130 approved?

What's the oldest's date of birth? 

Was a DS-260 filed yet, if so - when? 

Had to go digging fairly heavily to find this because the form instructions do point that a CLPR who turned 14 is not required to file, but I wasn't sure why exactly (instructions and policy manual also suck for very specific edge cases), so here you go: 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-264/section-264.5

(b)  Permanent residents required to file. A permanent resident shall apply for a replacement Permanent Resident Card:

(8) When the bearer of the card reaches the age of 14 years, unless the existing card will expire prior to the bearer's 16th birthday; 

Since she's got it when she was still 13, and it's valid for 2 years, it will expire shortly before her 16th birthday, so she's not required to file because the card will expire before her sweet 16. So unless the card gets lost or destroyed, the next form to file will be I-751 when that's due. 

46 minutes ago, justinemaaaae said:

Thank you! i appreciate this so much. yes, we have been reading more about this and seems like we are going thru the 319b. 

 

I have a question tho, when do you suggest we file for it. before or after we are already overseas? we'll be leaving in September, so that's on roughly 2.5 mos from now. 

I'd just file ASAP. You will need to come to US to attend the interview and ceremony since getting sworn in from abroad is not an option in this case. There's no requirement that the spouse is currently abroad "Establish your spouse is a U.S. citizen who is, or will be, regularly stationed abroad as a U.S. service member for a period of one year or more;".

Also according to the instructions found at https://www.uscis.gov/military/citizenship-for-military-family-members.

You should call their military helpline (877-247-4645) and request an expedite. Who knows, maybe you'll get lucky and get rushed through before it's time to go. 

On 6/9/2025 at 1:39 PM, justinemaaaae said:

Hi! do you have any information/knowdlege if I should also file for N470 (Application to Preserve Residence for naturalization purposes)? If yes, how soon do I file? before or after we live the US?

From the N-470 page:

"If you are eligible for naturalization under section 319(b) of the Immigration and Nationality Act (INA) because you are married to a U.S. citizen working for certain organizations overseas, you are exempt from establishing the naturalization residency and physical presence requirements. Therefore, you are not required to file Form N-470. ..."

Going further:

https://www.uscis.gov/military/citizenship-for-military-family-members

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5

It looks like the best option would be to go via 319(b): 

No N-470 required. If spouse will be stationed abroad for over a year, without any prerequisite time period where you will need to travel back to US to attend the interview and ceremony, declare in good faith that you will continue to live with your spouse abroad after naturalization, and return to US once their foreign deployment ends. Declaration in good faith is basically a declaration of intent, if circumstances change for some reason, then well, they changed and they won't yoink your citizenship away. In this case you may or may not be required to file I-751, depends if you've been a CLPR for at least 1 year and 9 months at the time of the oath of allegiance (if yes - yes, if no - no). You will still need to provide the normal proofs that the marriage is legit as for I-751 even if you're exempt from filing it. 

Other possibilities like 319(a) (3 years married to a US citizen provision) and 316(a) (general 5 year provisions) require you to have resided in US for at least half the statutory period without breaks in continuous residence (no absences over 1 year, and with absences over 6 months being able to prove that you didn't abandon your permanent residency). So if you'd want to follow to join your spouse abroad those might be better, you'd live in US for 1 year, file N-470, go join them, and file I-751 and N-400 when able to. Only upside here is the ability to get naturalized while abroad. 

My take is just go with the special provision for military spouses (319(b)).