appleblossom
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Gold card application form is now available
appleblossom replied to OldUser's topic in General Immigration-Related Discussion
Not by the applicant though, most do just throw money at it and an agency does all the legwork. -
Ah. So a 10 year ban unfortunately. Is this his first time in the US, he's never entered illegally previously? He should really leave asap and get the I-130 filed so the clock starts ticking, and his wife can then apply for a waiver of the ban to get him back sooner than 10 years. Hopefully by the time the PD is current and the waiver is granted, the country ban will have been lifted or amended too.
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I suspect that might change now, seems even people with common health conditions like diabetes may be under extra scrutiny and risk denial.
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Of course. Every single applicant is subject to the public charge rules, and it’s about to get tougher under the current administration. https://www.federalregister.gov/documents/2025/11/19/2025-20278/public-charge-ground-of-inadmissibility It’s all here, just scroll up. 👆🏻
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It will mean their wait is less overall as there won’t be a wait for their PD to become current on the Visa Bulletin. But if they entered the US without inspection there is no way for them to stay regardless of their spouse’s status. They must have a status to start with to be able to adjust from it and get a green card. They must leave asap - they don’t want to mess around with the current administration. How long have they been in the US for? And when can the spouse apply to naturalise?
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Ah, ok. Then it makes no difference any longer, spouse or fiancee, neither can get a visa. But if they entered the US illegally and are married to a LPR rather than citizen, it's going to be many years before they can get a visa anyway. So I wouldn't worry about the country ban for now, I'd focus on getting them out of the US asap so any overstay ban doesn't get longer, and getting the I-130 filed asap when eligible to secure their place in line. Then hopefully by the time they are at the head of the line to get the visa, the country ban will be lifted or amended anyway.
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I think the traffic tickets should be fine, but that is just a guess. Yes, the I-130 will still be processed as that isn't a visa application. Your case will proceed all the way to the point of visa issuance (interview at consulate), that's when it would be held. As she's already got a visa, she's still able to travel to the US. Just be aware that she may be scrutinised more heavily upon entry. Good luck.
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Should be no issue for you travelling as a GC holder, as long as you don't have any issues that might jeopardise that status (convictions, no tax filings, too much time out of the country, etc). But is your wife also from Nigeria? If so, she can't get a visa for now, it may change again by the time you come to apply but keep an eye on it. Good luck.
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The I-130 isn’t relevant, as that’s not a visa application. So that would remain valid. Why Mexico? Is that where they’re from? Mexico isn’t on the banned list. But they can’t adjust status if they entered the US without inspection so yes, they’d have to return to their home country first, and wait out any ban or apply for a waiver.
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You didn't read far enough down the page! Scroll down to 'Petitioner Documents' and you'll see it says the following - "If you are applying for an IR1, CR1, or F2A visa as the spouse of a U.S. citizen or Lawful Permanent Resident and your petitioning spouse was previously married: You must obtain evidence of the termination of EVERY prior marriage your petitioning spouse has had. This evidence must be an original or certified copy of one of the following documents: FINAL legal divorce decree, death certificate, or annulment papers."
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Petition for Parent of a USC?
appleblossom replied to Ony's topic in Bringing Family Members of US Citizens to America
Ah, ok. That's good, so she could adjust status through you, although it'll be at least a year. Follow the guide at the top of the page (this is aimed at spouses, but it's the same process for a parent) - But why does it limit her? With an EAD she should be able to work as if she had a green card? And if it's been 4 years then it might be worth asking on the long running VAWA thread where the good folks there will be able to give you advice on how to hurry things along - Good luck.
