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Demise

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  1. Like
    Demise got a reaction from TBoneTX in Follow-to-join   
    Assuming that this is an IR5 case (and judging from OP's post history it most likely is) there is one edge case - if mother married her husband while OP was under 18. Stepparent-stepchild relationships work both ways when it comes to sponsoring. 
     
    But that's about it and even if, mother's husband would need his own I-130. Just bringing this up in the unlikely event that's the case since it'd save some wait. 
  2. Like
    Demise got a reaction from Crazy Cat in Follow-to-join   
    Assuming that this is an IR5 case (and judging from OP's post history it most likely is) there is one edge case - if mother married her husband while OP was under 18. Stepparent-stepchild relationships work both ways when it comes to sponsoring. 
     
    But that's about it and even if, mother's husband would need his own I-130. Just bringing this up in the unlikely event that's the case since it'd save some wait. 
  3. Like
    Demise got a reaction from TBoneTX in N-400 3 year rules by marriage   
    The rules are as follows:
    1. You've been married to a US citizen for at least 3 years.
    2. You've been an LPR for at least 3 years.
    3. Your US Citizen spouse has been a US citizen for at least 3 years. 
     
    In other words it's basically 3 years from whichever is last:
    1. Date of marriage (2021 in your case) (example case being an LPR marrying a USC)
    2. Resident since date (2023 in your case) (example being the typical marriage AOS or IR1, which is by far the most common scenario)
    3. Date of spouse's naturalization (2025 in your case) (example being two LPRs marrying and soon thereafter one of them naturalizes, or another LPR petitions for spouse as an F2A, spouse comes to us on F21/FX1, and the LPR sponsor spouse naturalizes) 
     
    In your case you're actually in a funny scenario, you'll become eligible both under the 5 year general provision and 3 year spouse of USC provision at about the same time in January 2028. So honestly, just file under the 5 year one when that becomes available in roughly October 2027, it's easier since you do not need to yet again prove that the marriage has continued to be legit, and since USCIS interviews for naturalization (they have to give you the exam portion somehow) they will most likely just switch you from 3 to 5 year provision unless you don't meet the physical presence requirement under 5 year provision. 
     
     
  4. Thanks
    Demise got a reaction from discoverusa in N-400 3 year rules by marriage   
    The rules are as follows:
    1. You've been married to a US citizen for at least 3 years.
    2. You've been an LPR for at least 3 years.
    3. Your US Citizen spouse has been a US citizen for at least 3 years. 
     
    In other words it's basically 3 years from whichever is last:
    1. Date of marriage (2021 in your case) (example case being an LPR marrying a USC)
    2. Resident since date (2023 in your case) (example being the typical marriage AOS or IR1, which is by far the most common scenario)
    3. Date of spouse's naturalization (2025 in your case) (example being two LPRs marrying and soon thereafter one of them naturalizes, or another LPR petitions for spouse as an F2A, spouse comes to us on F21/FX1, and the LPR sponsor spouse naturalizes) 
     
    In your case you're actually in a funny scenario, you'll become eligible both under the 5 year general provision and 3 year spouse of USC provision at about the same time in January 2028. So honestly, just file under the 5 year one when that becomes available in roughly October 2027, it's easier since you do not need to yet again prove that the marriage has continued to be legit, and since USCIS interviews for naturalization (they have to give you the exam portion somehow) they will most likely just switch you from 3 to 5 year provision unless you don't meet the physical presence requirement under 5 year provision. 
     
     
  5. Like
    Demise got a reaction from mam521 in N-400 3 year rules by marriage   
    The rules are as follows:
    1. You've been married to a US citizen for at least 3 years.
    2. You've been an LPR for at least 3 years.
    3. Your US Citizen spouse has been a US citizen for at least 3 years. 
     
    In other words it's basically 3 years from whichever is last:
    1. Date of marriage (2021 in your case) (example case being an LPR marrying a USC)
    2. Resident since date (2023 in your case) (example being the typical marriage AOS or IR1, which is by far the most common scenario)
    3. Date of spouse's naturalization (2025 in your case) (example being two LPRs marrying and soon thereafter one of them naturalizes, or another LPR petitions for spouse as an F2A, spouse comes to us on F21/FX1, and the LPR sponsor spouse naturalizes) 
     
    In your case you're actually in a funny scenario, you'll become eligible both under the 5 year general provision and 3 year spouse of USC provision at about the same time in January 2028. So honestly, just file under the 5 year one when that becomes available in roughly October 2027, it's easier since you do not need to yet again prove that the marriage has continued to be legit, and since USCIS interviews for naturalization (they have to give you the exam portion somehow) they will most likely just switch you from 3 to 5 year provision unless you don't meet the physical presence requirement under 5 year provision. 
     
     
  6. Like
    Demise got a reaction from appleblossom in N-400 3 year rules by marriage   
    The rules are as follows:
    1. You've been married to a US citizen for at least 3 years.
    2. You've been an LPR for at least 3 years.
    3. Your US Citizen spouse has been a US citizen for at least 3 years. 
     
    In other words it's basically 3 years from whichever is last:
    1. Date of marriage (2021 in your case) (example case being an LPR marrying a USC)
    2. Resident since date (2023 in your case) (example being the typical marriage AOS or IR1, which is by far the most common scenario)
    3. Date of spouse's naturalization (2025 in your case) (example being two LPRs marrying and soon thereafter one of them naturalizes, or another LPR petitions for spouse as an F2A, spouse comes to us on F21/FX1, and the LPR sponsor spouse naturalizes) 
     
    In your case you're actually in a funny scenario, you'll become eligible both under the 5 year general provision and 3 year spouse of USC provision at about the same time in January 2028. So honestly, just file under the 5 year one when that becomes available in roughly October 2027, it's easier since you do not need to yet again prove that the marriage has continued to be legit, and since USCIS interviews for naturalization (they have to give you the exam portion somehow) they will most likely just switch you from 3 to 5 year provision unless you don't meet the physical presence requirement under 5 year provision. 
     
     
  7. Like
    Demise got a reaction from OldUser in N-400 3 year rules by marriage   
    The rules are as follows:
    1. You've been married to a US citizen for at least 3 years.
    2. You've been an LPR for at least 3 years.
    3. Your US Citizen spouse has been a US citizen for at least 3 years. 
     
    In other words it's basically 3 years from whichever is last:
    1. Date of marriage (2021 in your case) (example case being an LPR marrying a USC)
    2. Resident since date (2023 in your case) (example being the typical marriage AOS or IR1, which is by far the most common scenario)
    3. Date of spouse's naturalization (2025 in your case) (example being two LPRs marrying and soon thereafter one of them naturalizes, or another LPR petitions for spouse as an F2A, spouse comes to us on F21/FX1, and the LPR sponsor spouse naturalizes) 
     
    In your case you're actually in a funny scenario, you'll become eligible both under the 5 year general provision and 3 year spouse of USC provision at about the same time in January 2028. So honestly, just file under the 5 year one when that becomes available in roughly October 2027, it's easier since you do not need to yet again prove that the marriage has continued to be legit, and since USCIS interviews for naturalization (they have to give you the exam portion somehow) they will most likely just switch you from 3 to 5 year provision unless you don't meet the physical presence requirement under 5 year provision. 
     
     
  8. Like
    Demise got a reaction from AdamsM in VAWA, Part 27   
    Master hearings are generally very brief. If you have a lawyer your lawyer will be doing 99% of the talking. 
    Other than that the way it'll basically just look like:
    If it's the first one:
    Do you admit or deny the allegations in the NTA? 
    What language do you speak?
    What is the designated country of removal? 
     
    If it's any then it's basically just taking attendance and the status of your case. 
    E.g.
    Did you show up? Good. 
    Is the I-360 still pending? Yes: Reschedule for another one. No: Either grant a motion to terminate or schedule you for an individual hearing. (Similar vein with EOIR-42B where if it's still backlogged - reschedule, if it's current - individual hearing, COR can only be granted by an IJ). 
     
    That's about it, master hearings are for the most part just procedural. 
     
  9. Like
    Demise got a reaction from TBoneTX in VAWA, Part 27   
    Master hearings are generally very brief. If you have a lawyer your lawyer will be doing 99% of the talking. 
    Other than that the way it'll basically just look like:
    If it's the first one:
    Do you admit or deny the allegations in the NTA? 
    What language do you speak?
    What is the designated country of removal? 
     
    If it's any then it's basically just taking attendance and the status of your case. 
    E.g.
    Did you show up? Good. 
    Is the I-360 still pending? Yes: Reschedule for another one. No: Either grant a motion to terminate or schedule you for an individual hearing. (Similar vein with EOIR-42B where if it's still backlogged - reschedule, if it's current - individual hearing, COR can only be granted by an IJ). 
     
    That's about it, master hearings are for the most part just procedural. 
     
  10. Like
    Demise got a reaction from Meingandu in VAWA, Part 27   
    Master hearings are generally very brief. If you have a lawyer your lawyer will be doing 99% of the talking. 
    Other than that the way it'll basically just look like:
    If it's the first one:
    Do you admit or deny the allegations in the NTA? 
    What language do you speak?
    What is the designated country of removal? 
     
    If it's any then it's basically just taking attendance and the status of your case. 
    E.g.
    Did you show up? Good. 
    Is the I-360 still pending? Yes: Reschedule for another one. No: Either grant a motion to terminate or schedule you for an individual hearing. (Similar vein with EOIR-42B where if it's still backlogged - reschedule, if it's current - individual hearing, COR can only be granted by an IJ). 
     
    That's about it, master hearings are for the most part just procedural. 
     
  11. Like
    Demise got a reaction from Wyboxcx in Reentry permit   
    Yes she needs to come to US before filing I-131 for a re-entry permit for one simple reason. Until she enters on an immigrant visa she's not a permanent resident. She doesn't need to wait for the physical green card to arrive, she can submit the stamped immigrant visa as evidence that she's an LPR.
     
    She doesn't need to wait until the re-entry permit is approved. She can leave as soon as she does biometrics. On I-131 there's a field where you basically request the re-entry permit to be sent to a US Consulate or DHS Field office abroad. If it arrived in US, then I guess you can bring it personally or mail it to her.
  12. Like
    Demise got a reaction from TBoneTX in Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?   
    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. 
  13. Like
    Demise got a reaction from TBoneTX in Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?   
    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. 
     
     
  14. Like
    Demise got a reaction from RodAguilar in Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?   
    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. 
  15. Like
    Demise got a reaction from RodAguilar in Waiver could be requirer if cross illegally to US from Mexico paying a "coyote"?   
    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. 
     
     
  16. Like
    Demise got a reaction from Kel_H in Traveled to Canada for 20 days after entering the U.S. on a K-1 visa (June 1–22). Seeking reentry under Automatic Visa Revalidation (AVR).   
    Yeah I wouldn't really treat this as gospel since if this was a mistake then USCIS can give you a hard time when it comes to AOS. You obviously entered legally so you'll be able to adjust, but they might decide that the K-1 went poof the moment you left and demand an I-130 from you instead, of course they might as well honor it. 
     
    So you know, plan accordingly. If you want to test it: marry within the I-94 period and file I-485 based on the I-129F. If you want to play it safe marry and file I-130/I-485 as a spouse instead. In any case include I-765 (category (c)(9)) for a work permit and I-131 for advance parole and don't travel abroad until the I-131 is approved. 
  17. Like
    Demise got a reaction from TBoneTX in 14 years after i130 approved and immigration judge dismissed deportation process   
    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. 
  18. Like
    Demise reacted to Boiler in 14 years after i130 approved and immigration judge dismissed deportation process   
    OP is Stateless and has no Passport so how would he consulate interview?
  19. Like
    Demise got a reaction from OldUser in 14 years after i130 approved and immigration judge dismissed deportation process   
    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. 
  20. Like
    Demise got a reaction from mam521 in 14 years after i130 approved and immigration judge dismissed deportation process   
    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. 
  21. Like
    Demise got a reaction from Lemonslice in 14 years after i130 approved and immigration judge dismissed deportation process   
    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. 
  22. Like
    Demise got a reaction from TBoneTX in 14 years after i130 approved and immigration judge dismissed deportation process   
    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. 
  23. Like
    Demise got a reaction from ghee in Traveled to Canada for 20 days after entering the U.S. on a K-1 visa (June 1–22). Seeking reentry under Automatic Visa Revalidation (AVR).   
    Yeah I wouldn't really treat this as gospel since if this was a mistake then USCIS can give you a hard time when it comes to AOS. You obviously entered legally so you'll be able to adjust, but they might decide that the K-1 went poof the moment you left and demand an I-130 from you instead, of course they might as well honor it. 
     
    So you know, plan accordingly. If you want to test it: marry within the I-94 period and file I-485 based on the I-129F. If you want to play it safe marry and file I-130/I-485 as a spouse instead. In any case include I-765 (category (c)(9)) for a work permit and I-131 for advance parole and don't travel abroad until the I-131 is approved. 
  24. Like
    Demise got a reaction from OldUser in i693 - potential incorrect entry by the preparer   
    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. 
  25. Like
    Demise got a reaction from TBoneTX in Traveled to Canada for 20 days after entering the U.S. on a K-1 visa (June 1–22). Seeking reentry under Automatic Visa Revalidation (AVR).   
    Yeah I wouldn't really treat this as gospel since if this was a mistake then USCIS can give you a hard time when it comes to AOS. You obviously entered legally so you'll be able to adjust, but they might decide that the K-1 went poof the moment you left and demand an I-130 from you instead, of course they might as well honor it. 
     
    So you know, plan accordingly. If you want to test it: marry within the I-94 period and file I-485 based on the I-129F. If you want to play it safe marry and file I-130/I-485 as a spouse instead. In any case include I-765 (category (c)(9)) for a work permit and I-131 for advance parole and don't travel abroad until the I-131 is approved. 
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