manyfudge

@FONA, you can answer no to all the questions. If you interpret the resolution to mean “acquitted = never arrested.” Sure, i will give you that point. Everyone applying for a visa at the consulate has to supply a police report. Everyone. What will your police report say if you are completely acquitted? Will it still note the arrest? It is up to the officer. They may approve you or most likely look into what the arrests were for. If they do, you will be ruled inadmissible. Or they simply sit on your case and the visa allocation runs out, making your lottery win useless.

The consulate will deny you even if your crimes do not technically reach the level of moral turpitude. And there is no appeal. Even if you are acquitted, they can still deny you if you are applying through a consulate or simply issue you a request for more information and send you for additional screening. That screening will take forever so that you can never get an immigrant visa. Also, it isn’t just a question of filling out DS260. A police report is required,

I would just get a letter from his doc now. If they ask at the interview, present that. Military records should be good. SS records don’t prove physical presence. I would think the military records are solid. Do you have copies of his university/HS diploma? Also good.

Always get the certified translations.

This N600k is interesting for children of USC if USC has insufficient requisite physical presence. Get it or lose it before 18. Whereas the child of a USC with sufficient physical presence is always a USC from birth. Whether or not anything is filed.

I would read this thoroughly.

I would never lie to the embassy. They still have to issue you the B visa for the oath ceremony. I would simply keep it short and sweet. If they ask (never answer an unasked question), say - i want to keep options open for my children to move in the future if I am not able to move.

It is up to uscis and then the embassy as to whether they issue the certificate of citizenship and then B visa. ” FAM 402.2-4(B)(7) (U) Children Seeking Expeditious Naturalization under INA 322 (CT:VISA-1826; 09-06-2023) a. (U) Naturalization under INA 322 is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child must be under the age of 18 when INA 322 requirements are met. The child's intended naturalization, however, does not exempt the child from INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, if the parents do not intend to resume residing in the United States, whereas a child whose parents habitually reside in the United States will not.” If they have determined that you live abroad and qualify, I don’t know what the mechanism would be to deprive your children of citizenship. The good thing is your son just turned 17. Apply now to Holtsville field office. That is a 1.5 hours on train and 5 minutes Uber from jfk airport. They say on the website that processing is 6.5 months. Perfect. That takes you to Christmas holidays. Get your certs, go back to Germany. Return after 2025 school year. If this fails, you will find out soon enough to start i130. I would still try DCF with job offer from your cousin. Your son is under 21, so no quota.

I don’t think OP is being contradictory if she goes back to germany after the oath ceremony, and prepares to move here. What is the N600k for if the kids never want to live in the U.S.? I would characterize N600k for children who don’t want to move on that trip but may move soon or any time that without having the parent sponsor them.

I would do this. Long Island, NY is at 6.5 months and Helena, MT at 4. https://egov.uscis.gov/processing-times/ Get this done. Go back home and wrap things up.

Are you here?

If 601(a) approved, he still has to go back for consular interview. The waiver means he is not banned from returning.

If they are divorcing for the sake of a faster petition, that is fraud and will cost her her GC if found out. If she is really single, marriage to USC is the fastest.

He has no status to adjust from in the US - 22, son of LPR. If he cannot live independently, maybe best for your aunt to become a USC, if not one already and return to the Philippines with him. Ask for the i130 to be forwarded to the national visa center for processing. Then wait 10 years. His brother should also file for him if he hasn’t already. The petition became current a long time ago but he never had status to adjust. and still doesn’t. The best thing to do would probably have been to have your aunt naturalize in 2012-13, leave with him and have serve his ban.

One huge issue here - there is no forgiveness for overstay of children over 21 of USC and no forgiveness at all for children of GC holders. 1) how old was he when petitioned? Your dates make no sense - she got a priority date before she filed. 2) how old was he when she became a U.S. citizen? Brace yourself for bad news. It is almost certain that his overstay is not forgiven and he cannot adjust from his status. How did your aunt get her GC? I have a feeling that someone gave her bad legal advice. Sounds like he overstayed and is now an adult child.

Do your kids have US passports? Do that first.

Get the kid his CoC. Keep the 10 year GC safe and get a passport card.

@uspehWhat status does she have in the US that enables her to work? There is no forgiveness of overstay or unauthorized work for siblings of US citizens. Is she a U visa claimant? Asylum claimant? TPS?

@AnnaMBoros, I'm just going to assume the child is not related to you or your husband. How old is this child? This applies to trying to bring an adopted child over - assuming you are NOT considered habitually resident in the U.S. That's another can of worms. https://www.uscis.gov/family/bring-children-to-live-in-the-US "An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague processes. If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information."

“Claiming asylum” is not the same as being as being a resident for FAFSA. You do not qualify. Look for merit aid or community colleges or top schools where FA is met regardless as to immigration status. You are an international student, except for maybe your state school (depends on state). You are not a resident for FAFSA purposes unless your asylum claim has been approved.

Your issue is going to be the adoption. Your child will have to live in your custody ABROAD for 2 years before they can immigrate.

Does not matter so much - priority date was not current for much of that time. If an interview gets scheduled, daughter should go.

Worse. She aged out even sooner. She can wait for the interview and see what happens.

I was hoping that you had not left it until the month before she turned 21. If her I130 was approved June 2023, she has aged out as she was well over 24 by Feb 1, 2024. Sorry to be the bearer of bad news.

@NJCube, you told me your husband applied July 2020. July is not June 1. Now we have to calculate her CSPA age to make sure she did not age out. I sure hope her bday is not in June or July! What was her age in years + months + days on Feb 1, 2024?