Family

If anyone thinks navigating removal in court is easy , DIY or under $10K , I suppose they may entertain such thoughts as whisking their wife to the Mexican border…I do recall cheering a few Ukrainian VJ posters when the war started…before the parole As of a few days ago, just showing up at the Mexican border renders one ineligible for asylum..but as you may be aware , new policy will face challenges.. https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum DHS has announced the Circumvention of Lawful Pathways final rule. Individuals are encouraged to use lawful, safe, and orderly pathways to come to the United States. Effective May 11, 2023, the U.S. government will generally presume individuals who unlawfully enter the United States through its southwest land border or adjacent coastal borders are ineligible for asylum, unless they can demonstrate an exception to the rule or rebut the presumption. Unaccompanied children will be exempted from this presumption. For more information, see the final rule.

I would have expected the CIMT finding to be at the interview..a little underhanded to make you wait a year in AP. If there is a finding you do get to file an I-601 waiver..so still no NOID . Prepare by doing a little research on waivers . You have a good mindset to face the possible delay, so don’t give up.

Not seeing a reason for NOID , unless you have left anything out. Marriage is back on track with a few solid years , time spent together and a child. The conviction , I am guessing was a misdemeanor and should fall under the petty offense exception… What state did you live in ? I tried looking up CPL 180.56 but am sure I am off ..cause it came back for rent gouging in New York .. Did you have an attorney clean up / seal your records ? And you are ok as far as making contact.

Go ahead and update the DS-260 before 5/23 ..since they’ve unlocked it. Email the new confirmation page to the consulate and ask if there are any further instructions . It’s usually a sign that they are ready to ask for new medical/passport..( if required) and grant the visa.

A helpful one liner ..from the link ..their own FAQ that should help you overcome further mishap. Constancia de Antecedentes Penales Federal es la única que tiene validez en el extranjero.

Definitely lost in translation. Print out instructions from DOS and make sure everyone is on the same page .

You count time in country …thus if total is more than six months, you need it and no use arguing. Back and forth with ASK NVC is the only way, unfortunately

No need to wait. You can offer a clarification for the specific age/part/item number in that Addendum and state your SS app is pending and facing delays. …numbers obtained overseas ( for CRBA or passport only new USC ) are handled differently than domestic process…and are likely backed up.

As previous posters indicate if she was there less than 6 months, you argue it’s not required.

She can contact to the Mexican Consulate in Canada ( not USA) and they will fingerprint her and get it for her. Since she lived/worked in two different states, she would need the “ federale” issued carta and as your DOS link indicates , you can only get that from CDJ…unless of course you have friends in both states that can go w POA to the correct state police / Fiscalia https://consulmex.sre.gob.mx/montreal/index.php/en/foreigners/services-foreigners/381-certificate-of-registration-data-police-certificate

You make me smile..there is not one single business that reports payroll staffed by workers without papers… Will be harder to live under the radar with a Removal Order..imagine Florida. I must say De Santis put his money here his mouth is ..a bit draconian but I am impressed.

Perhaps you will feel better to know those phones are tracking devices only ( cannot be used for anything but ICE), no free housing or medical is being handed out .as they are NOT considered/treated as refugees…just in removal proceedings. If you do a bit of research , you will also feel less vexed to learn that those NTA and court dates will be changed as soon as EOIR gets the filing. Since May , 2022 there is a rocket docket ( Dedicated Docket) for new filings and close to 80% of the cases are done / decided / completed in about 270 days. Majority denied…except Russians approved at close to 90%. Not to burden you with too many details, but the NTA is issued w a future date BEFORE it goes into the court system…because they tried date TBD , but lost w the Supreme Court..so now they assign a date AND each one will get on the court calendar real fast. Mexicans cross because US gives them jobs..rarely do they ask for asylum…hopefully we build a wall or man the entire terrain ..but without heavy penalties to all small businesses that employ unauthorized workers…problem keeps dividing the country. You too are free to sire 10 or more offspring ..without dropping your poor immigrant wife on the Mexican border to impersonate an “ illegal”. I suppose I am a “ criminal” since my parents came with that big wave of people fleeing Big Bad Communism..but I do hope your wife will stay safe and happy..some of those extreme anti immigrant /hate groups dislike ( to put it mildly) all immigrants ..

Type it as instructed

Answer N/A to the I-94 questions and upload a one page letter . Title it addendum to N-600k and simply write that a B-2 visa application will be submitted and I-94 will be updated once visa is approved and entry to the US successful.

You have not answered with your DOB ( date of birth), mom’s date of marriage and filing date of I-130.. If all those line up, get your stepdad to contact his congressman for help…so you are not stuck waiting for NVC again. Remember you will still need stepdad to complete the process, so do reconnect

That is a practical non issue..since it assumes the N-400 would be processed , interview completed and oath scheduled in less than 90 days from the date of filing…they are not that fast. The only issue with filing early is the rare chance the couple has not lived under same roof/ marital union for 3 years full…so it’s always safer to apply on the 3rd anniversary of the LPR resident since date.

You seem intent on risking an unpleasant border encounter with CBP, the outcome could vary wildly from misrep/fraud and ban to flying under the radar. Worth the risk, not really. Remember she originally obtained the F-1 by representing a certain educational program …I doubt she requested only a few months for an internship…plus she has been out for more than a year.

But my understanding from what you said, if we offer the explanation in our RFE respond, it will be complicated matters and ground for denial. What complications do you think will it create from this denial? Well noted, thank you so much! You are free to do as you wish. ..not sure why you are stuck on wanting to explain it. There is no “ innocent mistake “ I did not know better..defense . It’s an admission of ineligibility..while in the same state…and other challenges not worth worrying about…

You wait to the last possible moment and send it as a Response to RFE , to the address you are instructed

It’s a denial either way. New filing just requires you to show annulment.

Unless you have the annulment in your hand, DO NOT respond to RFE and DO NOT offer any explanations. It will not help and further complicate matters and grounds for denial. Just let them close it out for abandonment and offer your explanation w new filing You can try a Hail Mary “ Request for Extension/ Additional Time to respond tonRFE” . Simply say you need additional time to obtain documentation due to circumstances beyond your control “ no other details….just plead for an additional 90 days.

Yes , you will start over . College age kids will be ok without mom for a bit, but I understand your apprehension.

Unless you have the annulment in your hand, DO NOT respond to RFE and DO NOT offer any explanations. It will not help and further complicate matters and grounds for denial. Just let them close it out for abandonment and offer your explanation w new filing

I understand. Consult at least 4 attorneys and pick one who has hands on with the process …you will get it done but don’t stress for RFE deadline..,USCIS likely to deny anyway and pushback w “ not eligible at the time of filing “.. So talk through alternative plans ( maybe husband goes first ) in case you need to refile.

Thank you for your quick respoond! Can we apply annulment for the marriage in the U.S? but since the marriage was in 2009, will it be allowed to do it? Edited 34 minutes ago by Lyrati Look at both options . No matter which marriage you annulled, it’s as if it never happened , so the sequence ( 1sr or 2nd ) is not a problem. ..