Demise

38 minutes ago, balo101 said:

@Demise

Hi Demise,

Hope all is well. I am trying to send you a message but unable to do so. 

Hey, my mailbox must've gotten full. I cleared it out.

Question: Any chance you were admitted originally as a refugee or asylee? That'd be one of the few cases where the resident since date would pre-date an I-485 approval. Refugees are granted one of their arrival date in US, asylees are granted one that's the I-485 approval date minus 1 year.

If so then it's possible that the original officer erred in denying you naturalization back in 2022.

Otherwise, you should be fine, I don't believe there's any requirement for you to correct a defective green card to naturalize, only that you present one or an I-90 receipt notice at the interview.

1 hour ago, asimove said:

Hi Demise

i receive this notice on Nov 1st for my 601 ( for RFE after my 485 interview )

do you have any idea... how long it will take them to make decision on it

please 

thanks 

Sadly I have no idea. You could probably ask your senator or congressman to inquire on your behalf and ask for expected timeline. They will probably give you an answer that the case is not eligible for an inquiry until a certain date, which would answer your question.

48 minutes ago, God is a good God said:

Thank you. The expedite request letter was sent to Vermont humanitarian office.
I received the letter from uscis with the address on top of the envelope as 7 product way lees summit mo which is the NBC address , but the letter inside the envelope had at the bottom the uscis Irvin Texas address where I originally file my i485 and the content itself says we transferred your case to Vermont service center for processing . Too many addresses on one uscis response.

Definitely weird but the way I see it: NBC basically pulled the case from Irving, TX to hand over to Vermont. Irving doesn't really do any real processing on their own usually, they just accept payments, issue receipt numbers, and approve/deny once they get a court order for it. NBC is pretty much the central processing and that's what they had to do in order to resolve the convoluted history of your I-485.

If I were to guess it went something like this:

Field office returned it back to where it came from originally (Irving) upon denial.

You filed I-601 and I-290B.

You inquired about what's going on with Vermont, then someone took a look at what's going on exactly, found the case sitting in Irving, and requested NBC to send it over to Vermont, then NBC did exactly that.

9 hours ago, God is a good God said:

Hello guys. My i485 was at local office where it was denied. Filed motion to reconsider i290B and I got a RFE to file I601 waiver. The RFE said to mail the i601 receipt notice to my local office and I did for final decision . 
now I wrote a letter to Vermont 4 weeks ago to expedite my i485 and I got a letter saying that my case was transferred to Vermont service center for regular processing. What does it? My case moved From local office to Vermont again ? I’m confused

My guess is that because your I-601 is with Vermont, they just sent the I-485 back to Vermont to deal with since right now the field office can't do much if anything with it. Then once the I-601 is approved Vermont will send the I-485 back to NBC which will then just approve it or forward it to the field office to deal with properly.

So this is hilariously pointless. My I-765 and I-131 were approved. While I have an RFE for medicals (right now I'm waiting on the blood test results) and my old DACA EAD is still valid for 3 months or so.

Like I'll take it just in case but it's definitely not the best use of resources to print a card that will be out of use in a few weeks.

2 hours ago, Inzya said:

Nice 🤞🤞 Is it currently in NBC?

Yeah it's at NBC.

On 1/23/2024 at 11:26 PM, Yan18 said:

Hello.. 

my stepson is in the philippines. 
my husband and i got married here in the US

If the father is a Filipino then CENOMAR is a document that outright states that the person listed was never married. That'd be a definite proof that your husband was never previously married (or only married to you). Otherwise a sworn statement from your husband explaining the circumstances (i.e. never married, had the kid out of wedlock, eventually married you) should be enough, especially if your husband already got his green card since in that case USCIS (and possibly DOS) already looked at the bona fides and agreed that you were legally able to marry each other.

Steparent-stepchild is a second-order relationship. So basically you -> husband -> stepson. In this case it'd be your marriage certificate and stepson's birth certificate, since it's out of wedlock some proof of legitimization like a child support settlement, proof of payment for the care, or a sworn statement from husband acknowledging the kid and agreeing to financially support him, will likely be required too.

Well the way that this works is that if someone like this shows up at the Port of Entry CBP has to let them in, but they can either:

1. Admit them back as an LPR - Good.

2. Parole them in as an arriving alien for removal proceedings - Bad.

3. Try to pressure them to sign I-407 and go away, in case of which you can hold your ground until they do one of the above.

If they admit you, you're good to go, wait out the 5 years and file N-400. If they parole you in then it depends on the circumstances, if you're able to re-adjust somehow (e.g. you're the spouse of a US Citizen, or a parent of a US Citizen over 21, who can re-sponsor you) you can do that before the court, otherwise you'd have to prove to the court that you haven't abandoned your permanent residency.

I think someone here recommended going to one of the unstaffed CBP ports on the Alaska/Yukon border, since well, not like they can tell you to go away if there's nobody there. Then just get a domestic flight to the mainland and lay low until it's time to naturalize. If you are screwed (no way CBP would admit you, and no way a court would rule that you haven't abandoned your residency) might as well just try that since you don't have much to lose.

On 12/16/2023 at 4:13 PM, OldUser said:

@Rosa Garcia has a very complex and twisted case. From what I remember she had I-751 denied due to fraud accusations

 

Well here's the thing - USCIS will upon a denial of I-751 place you into removal proceedings. Immigration judge can review the I-751 de novo and can approve it, alternatively you can in fact file I-360 if you're still within the filing window (within 2 years of termination of marriage), file I-485 with the court and re-adjust. 

Sometimes they don't and you basically have to request it from them...

On 12/16/2023 at 9:02 AM, Wilifanfano said:

I need help I applied for vawa in july and on september I received a letter my case was transferred but I have not received anything else. no biometrics appointment or anything else. is this normas? 

I submitted mine back in June, did my biometrics just recently.

17 hours ago, sara88 said:

Thanks. For VAWA green card holders applying for citizenship online, do we need to submit proof of ex spouse(abuser) citizenship? marriage certificate(to the abuser)? divorce decree(from the abuser)? proof of bonafide marriage (with the abuser) such as joint bank accounts, joint taxes, joint leases, etc?

No. Only time when you'd want to submit evidence of their citizenship would be if they were an LPR, you got BX1/BX6/B21/B26 green card, and later they naturalized and you want to make use of the 3 year provision.

If you have 5 years then just check the 5 year option.

If you are adjusting under the 3 year provision, then check other, write something like "LPR for 3 years via VAWA, INA 319(a)", and your IB1/IB6/Z14 green card is proof in itself. If you got a VAWA removal of conditions then you'd want to include the copy of the I-751 approval notice, since that green card will just list the normal IR1/IR6.

I will add one thing to help with your anxieties: The stamped IR2 immigrant visa she entered on serves as evidence of permanent resident status for 1 year. In the meantime she can use that for anything that would otherwise require a green card (international travel, getting a driver's license, getting a SSN, working, etc).

15 hours ago, Tony718 said:

In 1989 I received my green card. However, I was deported in 1999. I did accumulate five and seven years respectively for residency and green card status. September 26th 2023 I was returned to the United States through a parole to have a rehearing on the deportation order. My green card was restored. However, how is the 5 citizenship  requem est are met in this circumstance? I.e., how much longer do I have to wait to be eligible for citizen ship given the already earned requisite 5 years as an LPR; despite the immigration charges, my time as a LPT were not interrupted  for the physical presence of 5 years as required because the time the NTA was issued I already accumulated five years even up to the time of the final order in 1999. Thanks for those who replied with suggestion based on their experience.

How'd you get it back? 212(c)? LPR cancellation of removal? Something else?

I am like 95% sure you'd have to do 5 years again before you can naturalize, if there is some case law that would permit you to somehow be treated as being in US or the deportation not breaking the residency period while you were not in US pending the appeals I do not know of any. Ask your lawyer, I doubt you DIY'd this.

Basically, the issue here is not when you became a resident, because they will restore you back to as if you were never deported and your resident since date will be in 1989, the thing that makes you wait is that absent some special case law you do not meet the physical presence requirement (spent at least past 30 months in US, no absences over 1 year, and some fuzzy math that I could never understand for absences 180-364 days).

11 hours ago, anonymous_247365 said:

His parent suffers from osteoporosis, and is unable to drive, would that be reason enough to file for a waiver so he can file for AOS in the US? 

How old is he and when was the I-130 filed (i.e. what's the priority date on it)? Also how did his parents get their paperwork sorted?

Well there's 3 options here and what to do depends on what the actual case :

1. Got DACA before turning 18 and 180 days old. Basically in this case he would not have enough illegal presence in US to trigger a re-entry ban and would be able to leave US, attend a consular interview abroad, grab his F11 visa, and come back as a permanent resident.

2. 245(i) - To qualify under this he or a spouse/parent while unmarried and under 21, would have to been petitioned in any family or work immigrant classification, or had a PERM labor certification filed for them, on before April 30th 2001, the primary beneficiary of the petition must've been physically present in US on December 21st 2000 if the petition was filed on or after January 15, 1997, the petition/certification was approvable when filed. In case of this he could just straight up adjust in US, just have to include evidence of 245(i) eligibility, include I-485 supplement A, and pay the $1000 penalty fee.

If this applies or you think it might apply, I can follow up on what he'd need to include. This does include cases where one aged out of parent's petition as long as the petition allowed derivatives (so no IR).

3. I-601A waiver. Well, he's definitely got a citizen parent so the question basic question of eligibility is already solved. Get a good lawyer who does hardship waivers and see what they can come up with. "Extreme hardship" is a hard standard to prove but far from being insurmountable. If that gets approved then he'll need to leave US, attend a consular interview, get his F11 visa, and come back as a permanent resident.

1 hour ago, Dreamfyre said:

Okay.....so file the ENTIRE packet all at once?  Do I file all supporting documents now?  We just got married so we haven't had time for him to get a driver's license or be put on my bank account or life insurance.  We're having an issue right now (we live in a very small town and I don't think people around here know what to do in this situation) trying to establish his legal presence to get him an ID card to he able to do those things.  I guess that's what I'm confused on.  Do I need to file all of that evidence now?  Like I said...we JUST got married and haven't had time to get all this done.  

 

Ultimate goal is for him to remain in  the US and get a gc.  

Just file now, your interview if they do one will probably be like 18 months away, plenty of time to get him added to the bank account, lease, get him a driver's license, get him working, put him on your taxes for this year, and jointly file for the next. Employment Authorization Card will probably take like 6 months and after that he'll have no trouble getting a social security number, US driver's license, working, and all the other stuff.

For the initial filing you don't need more than (all of the below being copies):

1. Proof of your citizenship (US passport, birth certificate, US passport card, consular report of birth abroad)

2. Proof of your marriage (marriage certificate)

3. Proof of his identity (UK passport ID page)

4. Proof of his legal entry into US (entry stamp and/or I-94)

5. His birth certificate

6. Divorce decrees or death certificates if either of you was previously married.

You can add other evidence if you want to front-load the application, but just to get the ball rolling you only need the above and then you can just bring any other evidence (joint bank account, joint taxes, joint insurance policies (health, vehicle, life, etc), birth certificates of any children, pictures together, and so on and so forth) to the interview. If you don't have the other evidence then you don't have them, file with what you have now

Just an aside for those spinning in circles about the I-94. Canadians have pretty much visa-free access to the US, they are not required to file ESTA and they're admitted as "B-1/2 non-controlled visitors" so an entry stamp or the online print out that's missing the I-94 is likely the best you'll find because an I-94 simply doesn't exist. The agencies also disagree on the implementation where CBP claims the entry is for 180 days, and USCIS and DOS claim that there's no concrete time limit as long as one doesn't violate being a visitor.

This has some interesting side effects where Canadian overstayers are generally not subject to re-entry bans because since there's no I-94 there's no real date that they have to leave the US by, similar to F-1 overstayers admitted for D/S.

Regarding what to put for the I-94, just pen in "N/A" and maybe explain in the last section that your father is a Canadian citizen who entered US on [date] at [port of entry] and was never issued an I-94.

Just now, Aadi135 said:

Question: I filed whole application by myself I-360/I-485, when i get RFE for my I485, i hired Lawyer, and filled G-28 form, If USCIS will send any RFE for I-360 or PF, will they send it to my lawyer even though i just hired her for I-485? 

Depends on what was put as the form numbers on the G-28.

Anyways, with a G-28 they send a copy of any notices to both the attorney and you.

17 hours ago, 2020filer said:

Hi fam! Have you guys filled out an Ombudsman request before? Is it something that could hurt your petition in terms of reputation with USCIS? Background: my lawyer told me to fill out the Ombudsman request since my 485 was denied in error saying I didn't have an underlying approved petition as a basis of 485 however I had approved Vawa. 

Better off reaching to a congressman or senator. Ombudsman is completely toothless.

18 hours ago, nmanc33 said:

Hi Everyone,

Long story short, have been married for almost 2 years now in the US (we got married in the US), applied for adjustment of status with USICS, after a few months, they said they needed a j1 waiver opinion from state department and "No Objection statement". My wife's country send a "no object statement" to the department favoring my wife as staying her period in her own country, but got a decision today for "not favorable recommendation" from the j1 waiver portal.

Does anyone have any experience with this? We are still waiting for the mail to see the reason for the decision by the State Department, although her home country sent a favorable/positive No Objection Statement. Regardless, is it still possible to get her adjustment of status from USCIS even though the State Department doesn't favor it?

If more info is needed, please ask!
Many thanks for your responses and experience.

 

Side Note - Sorry if this is in the wrong section!

Yeah, refile I-485 and include an I-612 hardship waiver.

11 hours ago, Boiler said:

So who is there to file a waiver? 

 

That will not be quick

Depends if they both got slapped with the inadmissibility. If only OP did then husband could come in first and then use the now LPR husband as the qualifying relative.

Otherwise there'll need to be a USC/LPR parent of either OP or her husband to get his ball rolling. Stepparent could also work if the marriage was entered into while OP/husband was under 18 but that'll be a tough sell.

Still, the only way forward would be to do consular interviews and see if the consulate thinks the retraction was timely or not and whether to apply the ban. Either way for an I-601 from abroad you need to get denied at a consular interview to file it.

13 hours ago, SJSC81923 said:

Hi Anybody here knows how to change status to F3? 
 

My mother petitioned me last 2001, got approved, she passed, files for Humanitarian Reinstatement, got reaffirmed. I have a wife and a daughter living with me. 
 

My other daughter in the US filed a petition for me and my wife. Just got approved. 

i was wondering if i could go through my daughter’s petition for me ir-5 category, because it will be faster, then when the F3 category is ready to be processed, i could change to f3 so i can bring my daughter with me as my derivative beneficiary. 
 

Any thoughts? 
 

Thank you
 

 

Not really doable. In order to retain a petition from a petitioner that died you have to be living in US as of the day the petitioner died and up until you file I-485. In this case, just come in as an IR5, and petition the other daughter as an F2A because there's no way to salvage that F3.

7 hours ago, samjersey said:

After getting a Green Card, if you move to a new address, is it mandatory to notify the USCIS of your change in address  and this requirement continues until you attain citizenship ?

Technically yeah. It is extremely weakly enforced, but considering that the whole thing is a short form you file online - just do it until you naturalize where you can give USCIS the ole' one finger salute.

17 hours ago, L&R46 said:

Yes, she’s inside the US. The I-601 is for fraud and misinterpretation.

Well she'll need to get the documents she used in order to enter the US. Possibly FOIA CBP for record of entry describing the where, how, and on whose documents it happened with, notarized statements from others that were there.

Like overall AOS from misrepresentation entry like this is a mess because well, those aren't your documents, they might be complete forgeries, they might belong to a look alike, and whatever coyote that got you them likely took them back after you got across the border. So not like you'll have the passport with entry stamp and I-94 to use later.

So yeah, it's a mess and it's on your lawyer to try and get those and it's gonna be rough. I really question what the lawyer was thinking filing I-485/I-601 without having these documents. All else fails the last option would be to file I-102 in response to this RFE and pray that they manage to find it.