Demise

7 hours ago, CodeRed said:

1.through naturalization 

2.biological son

3.hes living with me.

Then just file N-600 for him. Passport is another option with the caveats Moda25 pointed out.

You will need the following:

Your naturalization certificate (showing naturalization date when he was under 18)

Your son's green card (showing that we was an LPR while under 18)

Your son's birth certificate (with translation if not in English) listing you as a parent

Then you will need stuff to establish custody, stuff like medical records, school records, if you're divorced and court gave you primary custody then that order also works (w/ translation if that's not in English).

With N-600 with USCIS you send copies, with the passport with Dept of State you send in originals, which will be returned to you sometime after the passport.

If son is over 16 he will need to attend an interview where he'll be sworn in as a citizen.

13 hours ago, CodeRed said:

I have his ssn number.i was assuming they will send him a document for proof of citizenship after he get here in the u.s before 18 years old.hes been here for 7 months..but I don't get any form of document yet.do I have to file something? 

So few questions:

How did you become a US Citizen?

Is he a biological son, adopted son, or a stepson?

Is he residing in your legal and physical custody?

21 hours ago, Priya25 said:

congratulations, very happy for you :).
please share your timelines. 

I-360 filed: 08/21/2018

I-360 RFE: 02/27/2020

I-360 RFE response sent: 05/21/2020

I-360 Approved: 11/10/2020

Motion to recalendar and change venue filed: 07/29/2022

Motion to recalendar and change venue approved: 08/30/2022

Here it got stuck due to a pending FOIA I had with EOIR, only learned that due to ICE attorney looking into what happened

Proceedings dismissed: 06/07/2023

I-485 filed: 06/17/2023

I-485 RFE for medical: 02/05/2024

I-485 RFE response sent: 02/26/2024

I-485 interview: 04/29/2024

I-485 approved: 05/10/2024

Green card in hand: TBD

First day of eligibility for N-400: 02/09/2027

1 hour ago, sumank said:

Hi All, My child is under 18 yrs old and i would like to apply for his citizenship once  N400 is approved and Oath ceremony is done.

 

I need to change his middle name and wondering if i need to do that during my interview. Could you please advise?

Name changes aren't available as a part of N-600 or US Passport Applications, or for minor child as a part of a parent's N-400.

If you need to change his name you'll have to file for that with a state court (which you know, how annoying it is depends on the state's requirements like publication).

The best way about this would be to file for that now, naturalize, and when you file for his US passport or N-600, include the name change order so they'll issue the document in a new name.

In either case Social Security will have to be notified of the name change on your own. The various health departments likely don't do it, and USCIS doesn't do it with an N-600, they just recently started offering that as an option on an N-400.

Easiest way is to just send in the original documentation (certified name change order, proof of citizenship) with an SS-5 for a new card.

51 minutes ago, sumank said:

My geencard reads B26 and i have uploaded ex-spouse A number along with other documents. Hopefully that suffices. Will let you all know how it goes. Im anxious but praying i can get through this final step.

 

Thank you so much for the explanation 🙏🏽

Has your ex naturalized since then? If (s)he's still an LPR then you're not eligible to naturalize after 3 years.

If it has been over 5 years then you're fine regardless.

If it has been 3-5 years then well, when did you become an LPR and when do you believe your ex became a citizen? You need 3 years for both.

I believe that USCIS can just look it up since getting a copy of naturalization certificate can be pretty damn hard from someone who you are not in contact with and likely wouldn't want to help anyways.

Judging from the policy manual Volume 3, Part D, Chapter 2, it looks like they will take any other evidence, so just something with their A-number should be enough for them to look if your ex naturalized and when.

17 minutes ago, sumank said:

Bullet point on N400 interview notice says -  If you are applying for NATURALIZATION AS SPOUSE of a US citizen - Your spouse's birth, naturalization certificate or certificate of citizenship 

Thank you!

You are applying based on VAWA. Your IB1/IB6 green card is proof of that.

If your green card reads IR1/IR6 then you'll need to provide a copy of I-751 receipt notice showing you were granted a VAWA waiver.

If your green card reads B21/B26/BX1/BX6, then you will need to provide evidence that your ex naturalized since then. Generally you should be able to give them an A number and USCIS should be able to look it up.

In the unlikely event that your green card reads Z14 (from VAWA Cancellation of Removal) then you'll need to prove that you were married in order to qualify.

1 hour ago, sumank said:

@Shroy123 Interview notice asks for Citizenship certificate of abuser which i do not have. What can i say if USCIS officer asks for it?

What does it say exactly?

I just pulled up a copy of mine and it does say:

"Evidence of your sponsor's and/or co-sponsor's United States Citizenship or Lawful Permanent Resident status.", the thing is that is a bullet point associated with an I-864, since this is a VAWA and you've filed an I-864W this is not applicable. If you haven't filed an I-864W, print one out, fill it out, sign, and bring it to the interview with you.

If it does actually say to bring their Certificate of Citizenship, then well, if you don't have it, you don't have it. Tell them that "I don't have it, it's not my document to have". VAWA is also one of the few cases where USCIS can do some investigating on their own, if they're a naturalized or derived citizens they can just find that by their A-number. If they had a passport they can likely pull that from the Department of State. I don't know if they investigate birth certificates with the local departments.

Moreover, USCIS does not interview for I-360s, meaning that at the time you get an interview for your I-485, whether your ex is a citizen is an established fact.

4 hours ago, 5em said:

Hey , 
I won the lottery but I choose my state of changeability as portugal cause I have a citizenship. 
I was born I Israel. 

ive heard that its ok cause they are both under EU in the case number but im not sure. 

any advice? 
thank you! 

 

The only way this could be salvaged is if:

1. You have a spouse that was born in an eligible european country and they're immigrating together with you (e.g. they were born in Portugal), or;

2. You qualify under a "just passing exemption", basically immigrant visas are generally charged to country of birth, but if you were born in a country and never lived there and neither of your parents were born there, or resided there at the time, then you could charge it to a country one of your parents was born in (e.g. both of your parents were born in Portugal, you were born during a vacation or in transit).

3. 1 and 2 both apply (e.g. your spouse was born in lets say Canada during a brief visit, but lets say one parent was Russian and the other was German).

11 hours ago, James1998 said:

Shall I upload my old passport that I used when I was removed and my new one that I use now when doing the FOIA 

Yeah do that. Current as proof of your identity, old as further document linking you to the entry record.

16 hours ago, James1998 said:

I was told specifically I was not banned but never allowed to use an esta again and would need a b2 to travel. This was also over 5 years ago now

Just do a FOIA with CBP and see what turns up.

If it says they did an expedited removal, include that, if they just denied you entry and voided your ESTA include that.

If it was under 5 years or you wanted to try ESTA again I'd recommend writing to them to ask that they nunc pro tunc:

1. Give you satisfactory departure for the time you overstayed your ESTA by two days because [list of reasons why that happened]

2. If first item is approved - allow you to withdraw the application for that second admission to clear up the record since in that case the eligibility wouldn't exist

But in this case, just give the consulate proof that you were either ER'd out, or just denied entry and allowed to leave on your own. Wouldn't hurt to explain in a cover letter as to what happened there exactly. "Overstayed ESTA by 2 days, was denied entry on subsequent trip, was not given an expedited removal.", or "Overstayed ESTA by 2 days, was denied entry and given an expedited removal on subsequent trip, more than 5 years have passed.".

You need to be in US to give biometrics, but nothing in the instructions or regulations prevents you from doing what you're planning. File, leave, swing back by to give biometrics, and leave again.

3 hours ago, terab said:

 

Yes, my immigration lawyer did all the process. We have the receipt from USPS confirming someone signed for the package. I was wondering if I should ask our civil surgeon to prepare a new sealed medicals for us along with the I290B cause my lawyer does not think we need one and a copy would suffice?

Just get a new sealed copy of the medical. I don't think the surgeon will charge you anywhere near the original price (or at all really) if you ask nicely.

12 hours ago, James1998 said:

Hi! I am currently at NVC stage and gathering all civil documents. one document I need to obtain is “deportation document” as I stupidly overstayed an esta by 2 days a few years back and got removed from the US. I can’t seem to find what I’m looking for on Google, any help? Thanks in advance ! 

I am a UK citizen and my husband is a US citizen 

How do you get deported for overstaying 2 days? Like can you explain what happened exactly, normally CBP would just cancel ESTA because you violated it on the way out. Did this happen when you came to visit later and they denied you entry?

I'd guess that CBP would likely be the right agency to FOIA. You can probably also send one to EOIR, USCIS, ICE, and the Department of State and see what happens.

9 hours ago, Priya25 said:

Hello fam,

Its been a year since I had my Vawa approval but there is no update on my i-485. When I reached out to congress person for update uscis repiled asking to provide a letter stating i am adult and waive 8 USC Section 1367. Has any ony one experienced this as well and if yes please share if there is a form for the same.

I am not sure why are they just sitting on my case and not moving at all and not providing any details as well. I am getting very anxious.

8 USC 1367 is privacy protections for stuff like VAWA and T/U visas. What they really want is a Privacy Act release form. Ask the representative to provide you with one, then you will need to fill it out, print it out, sign it, and mail/fax it over back to them.

USCIS verifies identity by comparing the signatures.

If they already got one and now are just unhappy about it for some weird reason you can just write something like:

My name is [Your name] A#XXX-XXX-XXX, born on [Date of Birth]. I hereby authorize under 8 USC 1367(a)(2) and (b)(4) a release of information regarding case number(s): [Receipt numbers here] to the office of [Congressman/Congresswoman/Senator] [Their first and last name], and allow them to further inquire on my behalf.

___________

[Your name]

Then sign and date that and also include a copy of an ID to further prove that you're an adult, mail or fax this to the the rep's office.

11 hours ago, Justwaiting516 said:

Is the Vermont uscis address to send I131 renewal for Fedex/courier deliveries?

 

USCIS Vermont Service Center
30 River Road
Essex Junction, VT 05452-3808

 

I don't know if they had changed the address for AP renewals after the HART center was created.  Thank you everyone!

On the case processing website it says 9 months

I-765 and I-131 based upon pending VAWA I-485 both go to Vermont:

USCIS - Vermont Service Center
38 River Rd.
Essex Junction, VT 05479-0001

11 hours ago, TBoneTX said:

It's still Wednesday in parts of the U.S., so here in greatest haste is our Semiofficial Semiweekly VAWA-Thread Joke:

~~~~~~~~~~~~~~~~~~~~~

IS HYDRATION IMPORTANT?

 

Two cannibals met in a mental institution.  One was tearing out magazine pictures of men, women, and children, stuffing them into his mouth, and eating them.

 

"Tell me," asked the other.  Is that dehydrated stuff really that good?"

 

Here's one from me:

Setting: Berlin, 1970s

A West Berlin man would ride his bicycle every afternoon into East Berlin. Every time he had a sack filled with sand sitting on the back of the bicycle.

When presenting himself for inspection at the border crossing the man would say that he's visiting his mother who lives in East Berlin, the guards suspecting the man of being a smuggler would pat him down, search his pockets, and empty the sack of sand and search its contents, but they couldn't find anything so they would admit him.

This process repeated every single day for years, each day the man and his belongings were searched but the guards couldn't find anything.

Many years later after the fall of the Berlin wall the man is sitting at a bar and drinking a beer. A former border guard saw him and approached him to ask

Guard: "Listen, the wall is gone, Germany is reunited, we all knew you were smuggling but we could never figure out what you were smuggling exactly, so please, tell me."

Man: "Bicycles"

So, I have my interview coming up at USCIS. Any idea what questions they will ask, I know they're really only supposed to go over the yes/no questions but I rather know of any curveballs they might throw.

I did hire a lawyer to interview prep me and go there in person with me, but you know, definitely anxious about it all since getting denied right on the finish line would be awful.

15 hours ago, Kely said:

Thank you @Sandra G. Now, what if I get my citizenship first? I am already eligible, as i obtained my GC in January 2021 through vawa. Will that make a difference? 

The 5 year rule for sponsoring a spouse after you got your green card via marriage is only applicable to permanent residents. If you naturalize then it's no longer applicable and you would be able to sponsor your new spouse without any additional requirements.

Moreover the act of naturalization would move the spouse from F2A to IR. F2A is currently backlogged, IR has no numerical limitations. Be mindful of any stepchildren, any unmarried under 21 would get to tag along on their parent's F2A petition, after naturalization any that were under 18 when you married would need their own I-130, if there's any that were over 18 when you married but are still under 21 then K-1 visa would be a better option to let them tag along.

Regarding USCIS being late on the receipt:

Technically those things are supposed to be dated as of the day they arrived. However, parents of US Citizens are immediate relatives and as such are eligible to adjust their status after an overstay similar to spouses. So if USCIS processes it late or is late on issuing the notice or you drop the ball and file late, then that's ultimately no big deal, just make sure your parent avoids the 100 mile of border area where CBP has jurisdiction until the I-485 receipt notice arrives.

That being said, option #3 would likely be the best. Alternatively, you could hire a lawyer and fill out G-28, the lawyer will get a duplicate of any notice sent to you so if one fails to arrive the other should.

4 hours ago, Boiler said:

Immigration judge

Immigration judges have no jurisdiction in matters of citizenship. Even when you get sworn in as a citizen that's before an Article III court. If you try to naturalize or claim derived citizenship as a defense to removal the judge can only postpone until USCIS or DOS resolves the matter. If you naturalized by fraud then it's an article III court that has to void your naturalization before an immigration judge can order you removed.

Likely what she'd have to do is either file N-600 to get USCIS to issue a certificate of citizenship, or try with the NY passport office to fight the decision like yeah kid was here when he was 1, he wouldn't remember and answered incorrectly, but originally moved to establish residency until unforeseen circumstances forced them to move back.

Last option is to sue the state department in federal court.

1 minute ago, JayFromTexas said:

Based on the fact that F2a processing times are currently ~ 36 months and the date the PD becomes current is now 41 months, it is likely that he will be covered under CSPA, correct? Assuming the timelines remain the same, which they won't of course, but it helps understand the math by using current timelines.

Yeah. Lets say that PD takes 41 months and USCIS sits on it for 36 months, that's 5 months that'd count towards his CSPA age which would come out to under 21 so yeah he'd be covered.

Like lets say your wife gets her visa, arrives, and files in June. She can file with the stamped immigrant visa, she doesn't have to wait on the physical green card.

June 2024 + 41 months = November 2027

Approx age in November 2027 = 23 years 1 month old

Minus time I-130 pending (lets presume 3 years) = 20 years 1 month old

So CSPA would apply and he would be able to immigrate as an F2A.

Lets just hope that F2A backlogs don't get any worse and that USCIS will keep sitting on applications like this for a long time.

9 minutes ago, JayFromTexas said:

VERY helpful. Thank you.

Small correction, I counted wrong, he's turning 20 this year, so born 2004, so he'll be 21 on October 22, 2025, and in the example provided it should be 2028 rather than 2029, but all the other math holds.

18 hours ago, JayFromTexas said:

My Russian wife is about 2 months away from getting her green card. We are waiting on her interview letter from the Bangkok consulate (we transferred there from Warsaw). She has a son who is 19 yrs old with a birthday of October 22. The minute my wife gets her green card, we are going to submit an i130 for her son. And btw, we were not married when he was under 18. 

 

I understand that he would be an F2A case and would age out and become an F2B case, if he doesn't receive his NOA2 before his 21st birthday.

 

What happens if he ages out and his mother becomes a naturalized citizen, 3 years after she becomes a LPR? Does that help or change his case for the better?

He'd be 22 then and naturalization would move him over to F1. Age at parent's naturalization overwrites normal Child Status Protection Act (CSPA) age. If CSPA age would let him immigrate as an F2A it's instrumental to not naturalize until the son is in US.

CSPA Age is calculated as follows:

• Actual age on the date the priority date became current or date the I-130 was approved if the category is current
• minus time the I-130 was pending.

So:

Her son's birthday is October 22nd

Lets say your wife enters as a permanent resident and files an I-130 on June 22nd.

The I-130 current processing for F2A child varies on service center, but it's over 3 years across the board (my guess is that USCIS sits on applications like this to allow more to fall under CSPA). Lets just say USCIS sits on it for exactly 3 years.

That means that the son would be covered under CSPA until he's 24 years old on October 22, 2029.

Priority dates only move on the 1st of the month, so his priority date would have to become current (according to the final action dates chart) by October 1st, 2029.

Then he has 1 year to file DS-260 to lock in his age, assuming he didn't file early under the dates for filing chart in case of which he's good to go once the priority date becomes current. He should do this ASAP since a retrogression would prevent him from filing, but it wouldn't knock him off once he's already locked in.

He has to remain unmarried until he's in US.

Your wife should not naturalize until he's in US.