mary'n'ev

Question:

My wife and I will be moving out of the country (career change) for about 2 years starting January 2010. My Cond. GC expires in april 2011. I currently have no intentions of returning to the US to renew my GC in early 2011, as there is a chance that either my entry being denied or my application to renew the GC being denied as, in my eyes, I would have abandoned the Perm. Residency process for being out of the country.

I would like to, if possible, cancel my current immigration process and apply for a CR-1/DCF when it comes time to return Jan 2012 (apply for it around May/June). Blahhhh. I wish this process was easy!

If ANYONE can shed some light on my options, it would be greeeeatly appreciated.

p.s. does anyone know what an 'overseas hold' is?

THanks!

You can apply for a reentry permit, which would allow you to be outside the US for more than one year and less than two years. However, for a conditional resident the reentry permit is only valid until your conditional residency expires. In order to keep your conditional residency, you'd have to return to the US in time to file the I-751.

If you don't intend to return in time to file the I-751, then you should formally abandon your residency. This will reduce the chances of the abandonment having any adverse affect on a future application. Otherwise, there's a possibility that USCIS may presume you're still in the US when the conditional green card expires, and start removal proceedings. Before your green card expires, file an I-407 and surrender your green card to a DHS office in the country where you are located. Personally, I'd recommend getting the reentry permit anyway, and waiting until the green card is about to expire before filing the I-407. This way you'll preserve the option of returning to the US as an LPR should your plans change.

An "overseas hold" is when an I-751 petition to remove conditions is in limbo status because either the sponsor or the conditional resident are not present in the US, and the case can't be entered into the USCIS computers. Once both are present and have a US address, then the petition will be entered into the computer to determine if an interview is required. An overseas hold does not stop the immigration clock from running - it only stops adjudication of the I-751.

THANKYOU! I didn't know the I-407 form existed. This information is exactly what I was looking for!

Question:

My wife and I will be moving out of the country (career change) for about 2 years starting January 2010. My Cond. GC expires in april 2011. I currently have no intentions of returning to the US to renew my GC in early 2011, as there is a chance that either my entry being denied or my application to renew the GC being denied as, in my eyes, I would have abandoned the Perm. Residency process for being out of the country.

I would like to, if possible, cancel my current immigration process and apply for a CR-1/DCF when it comes time to return Jan 2012 (apply for it around May/June). Blahhhh. I wish this process was easy!

If ANYONE can shed some light on my options, it would be greeeeatly appreciated.

p.s. does anyone know what an 'overseas hold' is?

THanks!

It's been a while since I've posted anything on VJ, but I hope you guys can answer some of my questions (I LOVE VJ!).

My wife and I have decided to move to Quebec Canada (my home country) so she can perfect her french (she plans on going on for her PhD in French Lit). To move to Canada, we're going to play role reversal in the sense that I'll be sponsoring her immigration to Canada to become a Canadian PR. I'm very supportive of this, however, I'm very confused in terms of what we do about my cond. perm. residency here in the US as it expires Feb. 2011. We're looking for the easist route possible to re-enter the US in late summer 2011. After researching a bit on VJ and on google, here are some situations I can think of:

1- Just move to Canada after Canadian PR card is received from while living in the US, allow my US Cond PR card expire and go through a CR-1 immigration process or a DCF process, if possible, in March/April 2011 (to have time for it to complete come Fall 2011).

My question is, will the allowing of my PR card to expire affect any future immigration applications? Especially since I plan to re-apply shortly after the first one expires..? Is there a way I can cancel my Cond. Perm residency before we leave so when we apply again in the future, it won't be as confusing?

2 - second option: apply for a 1-131 travel document before we leave to try and secure re-entry into the US when we're done abroad. However, I've read the I-131 will expire when my 2 year cond. PR card expires (Feb. 2011). So, this leads to option 3:

3 - Apply for I-131, try and maintain residency in the US while abroad (investments, banking, mailing address, driver's licenses, anything else that may provide evidence for US domicle while abroad), apply for Removal of conditions before my cond. PR card expires (apply for this in the US but list our Canadian address as place of residence and list out US address as mailing address), live in Canada on the I-751c extention, if given, and then move back in fall 2011. This is confusing. I read another post that discussed a similar situation (here)

But as I said before, we're looking for the easiest route! It would be nice to keep residency, but I'm afraid it might be difficult to prove we're still residents of the US since my wife will be getting her permanent residency for Canada...

Any advice will be greatly appreciated!!!!!!!!!!

Received my GC this past Saturday! AH! Thank you to all and congratulations to everyone who has seen recent movement with their cases!

Hey guys, I have a question that I think I know the answer to, but..

I've received 3 emails from CRIS concerning the production of my green card. Two of which were identical but sent on different days (the, your card sould arrive in 30days) and the third one states this:

The last processing action taken on your case

Receipt Number

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Approval notice sent.

On April 30, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

The first two were dated the 27th, but this one is worded differently and dated april 30th? Anyone receive something similar? Is this something to be concerned about? I think they both mean the GC is coming which is good. eek.

Thanks in advance!

I think one just means the card was produced, whereas the other means it's been mailed. SOrry!!

Hey guys, I have a question that I think I know the answer to, but..

I've received 3 emails from CRIS concerning the production of my green card. Two of which were identical but sent on different days (the, your card sould arrive in 30days) and the third one states this:

The last processing action taken on your case

Receipt Number

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Approval notice sent.

On April 30, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

The first two were dated the 27th, but this one is worded differently and dated april 30th? Anyone receive something similar? Is this something to be concerned about? I think they both mean the GC is coming which is good. eek.

Thanks in advance!

That was fast! How much extra money did you put in your AOS package?

Received our "welcome to the USA" letter today! It was issued on the 14th. Congratulations to all on your progress!

AP received today, I am HAPPY!!!! I can plan my trip home now

Congratulations!

what happened to mimigrant's siggy? no more spreadsheet. does anyone else have a link?

http://spreadsheets.google.com/pub?key=pdB...5y_sObbeOyugvVg

Received my EAD yesterday. The card was produced on the 25th and was sent on the 3rd! I'm still waiting for my AP, but now i can get paid instead of volunteering!

Good luck to all!

I know that patience is important in this process but well, I don't have any!! LOL every day I practically run to the mailbox hoping for AP/EAD.... since CRIS isn't sending updates.

haha, I do the same thing! We'll get a big surprise one of these days... I can feel it.... Congratulation everyone who have had some progress on thier cases. Good luck tomorrow, Soancika. YOU CAN DO IT!

Hey, I have a question for everyone:

Has the "Post Visa Display Options:" statistics thinger under the immigration timeline tab stopped working? The EAD stat spot is stuck on 03/02/2009, and the AP section is stuck on 02/16/2009. Has it always been late to update itself?

-Evan

Guys, UNEMPLOYMENT benefits is NOT a "means tested" public benefit. BUT you CANNOT get it if you don't have a green card!!! Be careful not to jeopardize your AOS application.

whoa whoa... to my understanding, MEANS TESTED benefits are things such as welfare, food stamps, Low Income Home Energy Assistance, and other things you have to "qualify" for by showing your low-income or no-income.

UNEMPLOYMENT benefits is NOT a "means tested" public benefit, just a regular Federal Benefit, and is funded by Employers who pay into the unemployment insurance fund. So....as far as I know, your sponsor will NOT have to pay back the government, should you choose to collect unemployment. (You're entitled to it...heck - your employer paid into the fund that pays you the unemployment!)

Anyway, you can double check with your lawyer, but do a search online and you'll find out that collecting unemployment does NOT fall under "means tested public benefits"

On another note..I got my EAD card in the mail yesterday. It was post marked Feb 9th, receieved Feb 12th. I guess that should be good news, but my husband owns his own biz so really has no use for this card (we just applied cuz it was free with the whole AOS packet..hehehe) We're still waiting for that darned interview date!!

Just to add to the discussion:

In Kansas, if one meets the "lawfully admitted" standard established under Sec. 212(d)(5) of the federal immigration and nationality act and performed services that qualified for UI under KS statute 44-706, should be, legally speaking, eligible for UI if they meet the standards of the UI program (i.e. the week long probation period, documented attempts to look for work, etc.).

In this case, if you were lawfully admitted into the country to work (prior to your AOS) and you are still legally eligible to work (you are (EAD)) you should, in Kansas anyways, be eligible to receive UI. In fact, it is your right to collect UI. The federal statute is a little confusing, but that's law for ya.

I stuck with Kansas because it's the state to which I moved and I'm familiar with its government website. States typically adopt federal standards when passing legislation for their state, so there's a good chance the standards are similar in your state.

passage from KS 44-706:

"(m) For any week on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212(d)(5) of the federal immigration and nationality act. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of such individual's alien status shall be made except upon a preponderance of the evidence."

sources: http://www.kslegislature.org/legsrv-statut...do?number=19044 & http://www.uscis.gov/propub/ProPubVAP.jsp?...e16a4cb816838a4

A prudent immigration lawyer would be better equipped to translate these legal writings. But, in sum, you don't necessarily need a green card to qualify for UC/UI/EI (whatever acronym you wish to use).

Guys, this is not about the government benefits thing. I agree, IT IS NOT a government benefit.

The thing is, you are only entitled to receive it if you're a permanent resident. In my state labor website, it asks for an A# but ALSO for your green card, when you are applying for unemployment.

Believe me, I was also desperate to get it after working here day and night for 2 years... but I prefer not to jeopardize my application.

I've been searching for a government site that expicitly states UI compensation is exempt as a means tested benefit, found one:

4.5.6.4 Repayments for non-means tested sources that are withheld

Disregard repayments (not due to a FS IPV) from benefits payable to the food unit that are withheld from a non means-tested assistance payment or other source of income due to an overpayment.

Non-means tested programs are those which do not base eligibility on income and assets. Social Security and Unemployment Compensation (UC Unemployment Compensation) are examples of a non-means tested source.

Source: http://www.emhandbooks.wi.gov/fsh/Policy_F.../4/45/4-5-6.htm (search unemployment).

If one qualifies for UI with an EAD, why not? They bought into it, take it.

Let us know how it goes, and good luck.

I really hope it will all turn our for the best!

ok, i will!

tahnks!

Wow, what a thread!

I hope everything works out for the two of you!

Best of luck!

EAD approvals....WAKE UP MSC!

- Here's, hopefully, to a week of EAD approvals!!!

(popcorn's included).

Hi all,

well,I need a little help. I just got the letter for the RFE and I am.... stunned....

They are asking for the most recent tax documentation in order to process my application further.

I believe,that when we sent out the package we included IRS documents for years 2005,2006 and 2007.

Was I supposed to also sent IRS documents for 2008? By the time we sent it we still didn't have that done,nor we didn't have the information since the most recent year was 2007(for 2008)

I am a little confused....Am I supposed to send now IRS for 2008?

Thanks for your help guys...I am discouraged...

Hmmm..were any of your previous tax returns near the "borderline" of the poverty limit? I wonder why they are asking for this! thats insane.

Well,

after going over all the photocopies that we made of the whole package sent, I believe that a mistake had been made although I was very clear to the person getting those tax information for us. We sent the W2's but not the 1099's. That person told us that it was not necessary.... I am going to tell him how necessary it was...my spanish blood is boiling

Hopefully I will get what was missing today and send it out again tomorrow.

Thank you guys for your responses,this journey is a lot easier with your help.

Congratulations to everyone on getting their EAD's/ NOA2's!!!!!

Good to hear that... So Remember to send the original 1099's.... Good luck!!

It's my understanding that not everyone receives a 1099. My wife nor our co-sponsor received a 1099 for the past three tax years. If you have a 1099, submit it, but if you don't, what do you do?

Anyone know if we're able to see CSC's processing timeframe for our i-485 on USCIS' website? THey only show employment based I-485 applications.

Unfortunately not. I have heard that family based AOS is a 6 month timeline, but obviously that can take longer.

BOO!

Anyone know if we're able to see CSC's processing timeframe for our i-485 on USCIS' website? THey only show employment based I-485 applications.

Hey everybody! Great news, I received an email tonight stating that our case has been transferred on 1/22!

i feel like we're moving at snail pace... my case hasnt been touched or transferred since Jan 6 and its already Jan 22. I shouldnt be complaining cuz the AP was approved and theres no RFE...but still...no transfers for anybody lately besides JillA? Agggh...not fair!

I AGREE! We shall just wait.

Where the file specifically ends up, I don't know, someone will though. What I do know is that the package your husband handed in at the border will be paired up with your AOS application (I-485, etc.) when you submit it. I'm guessing the package is filed according to his A number, so I doubt that the change of address is a cause for alarm.

I would just put his new address when submitting your AOS application. You should be safe.

Good luck!

2 for 485 (G-325a forms are an attachment of this form, no need for another 2 (read the instructions)), 2 for 131 and 2 for 765.

Your question is answered in the guides.

The CS is right.

These are needed for an individual who is between 27 and 49:

Tetanus (i.e. Tdap, Td shots or booster in past 10 years req)

MMR

Varicella (oral confirmation of having contracted the disease previously is accepted, no vaccine req. in this case)

HIV, syphillis test and TB skin tests are now required.

Influenze vaccine is only required in "flu season." Whatever that means. I didn't need one two months ago when the virus was going around like it still is right now.

USCIS follows CSC guidlines for vaccinations. Refer to this website for more information: http://www.cdc.gov/mmwr/PDF/wk/mm5753-Immunization.pdf

Depending on how and when your husband entered the US (i.e. on a k-1 visa), he may not need a full medical.

You would get a better answer if your timeline was more informative.