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JimVaPhuong

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  1. Like
    JimVaPhuong got a reaction from AnayraMG in Divorce before removal of conditions on permanent resident status.   
    If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
    Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

    A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!
  2. Like
    JimVaPhuong got a reaction from TBoneTX in I was caught with fake IDs when I was 19   
    How is it that they happened to find these two pieces of fake ID in your wallet? Did the immigration officer ask you for these documents, or did they find them in secondary inspection after searching you?
    If they found the documents in secondary inspection after searching you then you're probably ok, as long as there's no record of you having ever presented these to an immigration officer representing that they were genuine documents. If you actually tried to use them as identification with any immigration officer then it could be considered to be a false claim of US citizenship. That would result in a lifetime bar from the US.
  3. Like
    JimVaPhuong got a reaction from TravelingLilly in Parents AOS while in the US   
    Here's the deal. Preconceived intent is not allowed. Adjustment of status for an immediate relative of a US citizen is an exception rather than simply an alternative to the normal immigrant visa process. However, there have been several cases, the most significant more than two decades ago, that established that while preconceived intent is a serious negative factor, it's not sufficient on it's own to justify denial of AOS. It doesn't matter if the preconceived intent actually existed in the minds of the immigrants - USCIS can't read people's minds - it matters what evidence they have that the intent existed. But again, if preconceived intent is all they've got against them then they won't use that as a basis to deny AOS.
    So, when they find evidence of preconceived intent then they look for an indication that the immigrant may have misrepresented their intent to an immigration officer at some point - during the visa interview, or at the port of entry, usually. Any statement, even if it's a canned statement on a CBP processing form, that states they do not intend to immigrate can be determined to be an intentional misrepresentation if they find evidence to the contrary.
    You need to microanalyze everything that happened at the port of entry. Did they bring the documents needed for AOS with them? Is it known or is it possible that CBP or TSA found those documents? Did they sign any form or make any statement that they did not intend to immigrate, and were only coming to visit? If they were jacked around at the port of entry then it's possible they were given a statement to sign, and that statement may have included an affirmation that they do not intend to immigrate.
    Unless you're absolutely certain that they don't have the two pieces of the puzzle - evidence of preconceived intent, and a statement to the contrary - then you're taking a risk by attempting to adjust their status.
  4. Like
    JimVaPhuong got a reaction from Junior-sfo in Divorce before removal of conditions on permanent resident status.   
    If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
    Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

    A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!
  5. Like
    JimVaPhuong got a reaction from JMS15 in Divorce before removal of conditions on permanent resident status.   
    If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
    Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

    A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!
  6. Like
    JimVaPhuong got a reaction from cute_pretzel in Divorce before removal of conditions on permanent resident status.   
    If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
    Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

    A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!
  7. Like
    JimVaPhuong got a reaction from EM_Vandaveer in Annulment and Waiver of Conditions on Green Card‏   
    Kathryn is correct - the grounds for annulment certainly could affect the "good faith" claim required for the waiver. I was presuming that the OP's father-in-law was recommending an annulment for religious reasons (since he mentioned it in his post), and presumed the grounds would either be that the marriage was not consummated, or the "health issues" of his wife that he mentioned in his post. Neither of these would affect his "good faith" in entering the marriage.
    rika is also correct - I was stating that, for the purposes of the I-751, there is no difference between divorce and annulment.
  8. Thanks
    JimVaPhuong got a reaction from K@S in Will positive Hepatitis B make ith through?   
    A similar case was reported at a hospital in Toronto. In a follow-up study they determined that about 50% of recently vaccinated patients gave a false positive when tested for surface antigens. Examination in their microbiology lab revealed that all patients with a positive surface antigen test converted to negative within two weeks.
    A modern hepatitis B test may include surface antigens (a sign of recent infection), surface antibodies (a sign of the body recently fighting off an infection), e-antigens (a sign of active virus infection), and HBV DNA (a sign that genetic material from the virus is present). The presence of surface antigens and/or e-antigens indicate an active infection.
    Your fiance's hospital may have been testing only for HBV antibodies. Testing only for HBV antibodies wouldn't be of much use in determining an active infection. Anyone with prior exposure or a vaccination would give a false positive.
  9. Sad
    JimVaPhuong got a reaction from PaulTheSheik in FIANCEE DENIED K-1 IN LAGOS, NIGERIA   
    You weren't prepared. That's easy enough to see. Either you had some help getting this far (an immigration lawyer, perhaps?) or there are some major gaps in your knowledge of the process.
    You knew you'd need to submit an affidavit of support, which you did. Apparently, you also knew something about the income requirements, and knew your affidavit wasn't sufficient because, at one point, you had a joint sponsor lined up. What confuses me is why you thought you'd be approved if you knew you needed a joint sponsor? Not having a sufficiently qualified sponsor is usually a dead stop at any consulate.
    Also, only 30 pictures? At Lagos?
    Did you know before the interview that Lagos is, arguably, the toughest consulate in the world to get a visa from?
    Like I said, you weren't prepared. Your petition will probably be sent back to USCIS. You can wait and see what USCIS does with it, or you can get married and file a CR1 petition. Whatever route you take, you've got some time to prepare. Spend some time here and study the process, and especially spend some time in the Africa: Sub-Saharan regional forum.
    I can't comment on the "form to appeal". I'm guessing this probably just a standard "here are some of your options" type of forms. I've never heard of a "form to appeal" a denied visa.
  10. Like
    JimVaPhuong got a reaction from Lizzie123 in Please Advise ..... We are unable to sleep ....Our AOS interview messed up   
    The inconsistent answers to the questions about her kids is not the reason you are in this mess. They conducted a Stokes interview, which means they had serious doubts before those questions were asked. They didn't view any of the evidence you brought, so there is NO WAY that this suspicion arose at the interview. They had strong suspicions before the interview ever began.
    I strongly suspect that her first husband is the reason for this. You said he got his citizenship through her. He also has custody of her kids. Fathers don't usually get sole custody of the kids in the US unless the mother is found unfit, or she simply has no emotional connection with the kids. If there are any other unusual circumstances with the first marriage, like if they divorced before he got his 10 year green card or if there was a VAWA claim involved, then that would only compound their suspicion.
    They focused their questions on the kids because they want to know how a woman could live with her new husband for more than a year without having regular contact with her children, and without her new husband also having regular contact with them. This situation makes it look like she had no emotional investment in her previous marriage, and therefore no emotional attachment to the children produced from that marriage. In other words, they suspect that first marriage was a sham to help her first husband get a green card, and now she's interviewing to help her second husband get a green card. 2 + 2 = ???
    Your attorney has failed you miserably. When she learned about the circumstances of the first marriage, and the fact that immigration was also involved in that marriage, she should have asked a million questions and collected as much information as possible about that marriage, the immigration benefits involved, and the circumstances surrounding the divorce. She should have also known that a second marriage to an immigrant would be scrutinized by USCIS, and she should have prepared both of you for the very real possibility of a Stokes interview.
    You need a new attorney. This time, you need to grill the attorney about their experience and track record with similar cases before you write a check. Do a little basic research into the law, as it relates to your case, and you'll be better equipped to ask questions that will help you determine if your attorney knows what they are doing. A good attorney will be expensive, but it will mean the difference between success or deportation.
  11. Like
    JimVaPhuong got a reaction from TBoneTX in I think I'm moving back to my country   
    This is misleading. The I-864 is not the same thing as a court order for spousal support. The I-864 is a contract between the sponsor and the US government. On it's own, the I-864 can only be used by the US government to collect reimbursement for any means tested benefits the beneficiary receives. She could try to get a court order for support, using the I-864 as the basis for determining the amount of support. This has been done before, but it's not always successful. Many state courts, which are responsible for adjudicating spousal support resulting from a divorce, will not put themselves in the position of enforcing a contract between the federal government and the sponsor. The federal government will usually not get involved unless the beneficiary receives means tested benefits. Many beneficiaries who've tried to use the I-864 to sue for support have been denied. The courts have found that they have no legal grounds to ask the court to enforce a contract which they, the beneficiary, are not a party to.
    To give a parallel example, let's say I purchased a car for someone, and I financed the car through a local bank. If I stopped making payments on that car, the person whom I purchased the car for could not sue me using the loan agreement as the grounds for the law suit, because the loan agreement is a contract between me and the bank. The person I bought the car for was not a party to the contract, even though they benefit from it.
    While it's true that the I-864 obligates the sponsor to support the beneficiary, the promise was made to the US government - not the beneficiary. This makes it difficult for the beneficiary to attempt to seek enforcement of the I-864. Remember that the purpose of this contract is to protect the US taxpayers from having to support the beneficiary, and not necessarily to provide a guaranteed income for the beneficiary.
  12. Like
    JimVaPhuong got a reaction from betelgeuse in Divorce before removal of conditions on permanent resident status.   
    If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
    Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

    A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!
  13. Like
    JimVaPhuong got a reaction from TBoneTX in Divorce before removal of conditions on permanent resident status.   
    Well, not exactly.
    If USCIS finds out about your divorce then they are compelled to take action to terminate your legal residency. The "condition" of your conditional residency is that you remain married for two years. Strictly speaking, you are no longer eligible to be a conditional resident after the divorce. What they would probably do is send you a notice of intent indicating that they are going to start removal proceedings.
    You can avoid this by filing the I-751 as soon as you have the final divorce decree. Once you are divorced, you don't have to wait until the 90 day window before your conditional green card expires - you can (and should) file immediately.
  14. Like
    JimVaPhuong got a reaction from picobenz in Divorce before removal of conditions on permanent resident status.   
    If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
    Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

    A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!
  15. Like
    JimVaPhuong got a reaction from cablewyres in Divorce before removal of conditions on permanent resident status.   
    If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
    Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

    A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!
  16. Like
    JimVaPhuong got a reaction from PRC Rabbit in K1 - GOT MARRIED - 1-485 denied   
    Was your Guam divorce granted before 2006? If so then it's legal.
    There has never been a true residency requirement for a divorce in Guam. Prior to 2006, neither party had be present in Guam for any period of time in order to obtain an uncontested divorce. Since 2006 there has been a requirement that one party be present in Guam for 90 days for a regular divorce, or at least 7 days for an uncontested divorce.
    If your divorce was granted before 2006 then you should hire an attorney to research Guam divorce law, and write up a summary of the law explaining why your divorce is lawful. The attorney can send the response to USCIS.
    You have to make a LEGAL argument with USCIS that your divorce is valid. Unless you think you're skilled enough to make this argument yourself then you should have a lawyer do it for you.
  17. Like
    JimVaPhuong got a reaction from PRC Rabbit in US citizen wants to bring stepchild to America   
    An alien must be in the US in order to file for adjustment of status. Until they arrive in the US they have no status to adjust. The only thing that can be filed while the alien is abroad is an immigrant visa petition.
  18. Like
    JimVaPhuong got a reaction from TBoneTX in Police clearance waiver at embassy?   
    Did you bother to read the section of the Foreign Affairs Manual I provided the link for? If you call the embassy then you will be talking to a customer support airhead who probably will have no idea what the correct answer is. The CO is going to follow the Foreign Affairs Manual - it's their bible. The FAM spells out, in detail, what they will consider as satisfactory secondary evidence when a required document cannot be obtained.


    9 FAM 42.65 N6 UNOBTAINABLE DOCUMENTS
    a. If a required document cannot be procured without causing the applicant or a family member actual hardship, other than normal delay or inconvenience, it may be considered “unobtainable,” and you may permit the applicant to submit other satisfactory evidence in lieu of such document or record, per 22 CFR 42.65(d). You should use this authority sparingly.
    b. If you find that a required document is unobtainable, you must complete and sign Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, and attach to the Form FS-552 secondary evidence and/or a certificate from the appropriate authority, if obtainable, showing that in this particular case the missing document was never properly recorded.
    ...
    9 FAM 42.65 N7 SECONDARY EVIDENCE IN LIEU OF SUPPORTING DOCUMENT
    INA 222(b) (8 U.S.C. 1202(b)) prescribes the documentation required of applicants. It will be rare that a document listed as available in Visa Reciprocity and Country Documents Finder is unobtainable. If, however, you are satisfied that a document is unobtainable, the officer must require substitute documentation or secondary evidence. 22 CFR 42.65(d)(2) requires the consular officer “to affix a signed statement describing in detail the reasons for considering the record or document unobtainable and for accepting the particular secondary evidence attached to the visa.” (See 22 CFR 42.65(d).) In these cases, the applicant must submit proof of the unavailability of the missing document; for example, a statement from the local authorities that records for the year in question were destroyed by fire, or proof of the attempts made to obtain the document. When accepting substitute documentation or secondary evidence, you must complete Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, upon which the officer will make the statement required by 22 CFR 42.65(d)(2) and attach the Form FS-552 to the visa.
    ...
    9 FAM 42.65 N8 APPLICANTS SUBMITTING OTHER SATISFACTORY EVIDENCE OF GOOD CONDUCT
    If an applicant has presented a comprehensive police certificate fully meeting the requirements of 22 CFR 42.65© from the applicant’s country of principal residence, you need not require a police certificate from other places of former residence, provided the applicant presents other satisfactory evidence of good conduct . For example, it has been held that proof of membership in or affiliation with a reputable religious organization in a religious capacity during periods of foreign residence may be accepted as such evidence. However, if you have reason to believe that a police or criminal record might exist in the foreign country, which would render the alien ineligible to receive a visa, you must require the alien to obtain the police certificate. If the police certificate is not obtainable from the local authorities, the alien must present other convincing evidence that he is not ineligible to receive a visa.
    Please read that chapter in the FAM. You will learn much more than would ever learn by calling the embassy, unless you happen to have to unbelievable good fortune to actually speak with a consular officer.
  19. Like
    JimVaPhuong got a reaction from EMBELL_17 in Divorce before removal of conditions on permanent resident status.   
    If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.
    Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

    A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!
  20. Like
    JimVaPhuong got a reaction from TBoneTX in How to apply for CSPA?   
    CSPA isn't something you apply for. It kicks in automatically when a derivative beneficiary might age out while waiting for USCIS processing. The way it works is that they calculate the derivative beneficiary's effective age on the date a visa number becomes available. If that effective age is under 21 then the alien retains derivative status, and is eligible for the immigration benefit.
    To determine the effective age on the day the visa number becomes available they will start with their actual age on that date, and then deduct any time spent waiting for USCIS to approve the petition. What they will NOT deduct is any time spent waiting for the priority date to become current. Since there is currently about an 11 year wait for the F4 visa category, your brother is definitely going to age out. There is nothing you can do to prevent it.
  21. Like
    JimVaPhuong got a reaction from TBoneTX in intent to deny letter i-485   
    Again, your answers are too vague to give specific advice. You say they wanted an explanation for why you didn't give the right answers. What were the questions? What were the circumstances of the interview? Did they separate you and your wife and ask you both the same questions, and your answers didn't match? Or were these simple questions where the answers could be found on the documents you submitted? You're asking us to tell you what the heck is going on and how long it will take when we currently know a lot less about your case than you do. You're going to have to provide details about what has happened, starting with what kind of visa the immigrant used to enter the country, and when they entered. After that, tell us when the marriage occurred, when the AOS was submitted, what was the immigrant's status when the AOS was submitted, what happened at the first interview, what happened at the second interview. Try not to leave out any important details.
    There is no "timeline". USCIS can take as much time as they need to make a decision. However, a NOID generally means they've already made a tentative decision, and they're just giving you one last chance to save your case. If you don't respond adequately to the NOID then I suspect you'll get an answer rather quickly, and it will probably be that you've got 30 days to voluntarily leave the US or be deported.
    The majority of people have the same short interview you had, and they are approved. Either there is something about your case that the immigration officer found highly suspicious, or you were not at all prepared for the interview. 15 minutes is enough time for the immigration officer to make a determination in the overwhelming majority of cases.
    There are plenty of people here who have gone through the process, and can give you an idea what to expect, but you need to describe your situation in much more detail first. Until you do, nobody can determine if they've gone through the same thing as you.
  22. Like
    JimVaPhuong got a reaction from TBoneTX in intent to deny letter i-485   
    Your situation is quite serious, and you've not provided nearly enough information for anyone to give any reasonable advice.
    You could be denied or approved within days or weeks. Or, you could end up waiting more than a year for a final decision. It depends entirely on what problem the immigration officer is having with your case, and what (if anything) they need to obtain before making a decision. If the only thing they're waiting for is evidence from you then you can probably expect a decision reasonably quickly.
    A NOID after the second interview is serious business indeed. In order to overcome this you should have responded with a flood of new evidence. If you've already given them pretty much everything you've got then your chances are probably not very good at all.
    Now, would you care to go into more detail about your situation? Which one of you is the immigrant - you or your wife? What sort of visa was used to enter the US? How long after entering did you marry? What what the status of the immigrant at the time the AOS petition was submitted? What exactly happened at the first interview, what questions were asked, and what sort of evidence was presented? Ditto for the second interview.
    Your answers to these questions will allow people to give more focused and educated advice. Your experience will also help other people who might be facing similar problems.
  23. Thanks
    JimVaPhuong got a reaction from mrcs1627 in Police clearance waiver at embassy?   
    Did you bother to read the section of the Foreign Affairs Manual I provided the link for? If you call the embassy then you will be talking to a customer support airhead who probably will have no idea what the correct answer is. The CO is going to follow the Foreign Affairs Manual - it's their bible. The FAM spells out, in detail, what they will consider as satisfactory secondary evidence when a required document cannot be obtained.


    9 FAM 42.65 N6 UNOBTAINABLE DOCUMENTS
    a. If a required document cannot be procured without causing the applicant or a family member actual hardship, other than normal delay or inconvenience, it may be considered “unobtainable,” and you may permit the applicant to submit other satisfactory evidence in lieu of such document or record, per 22 CFR 42.65(d). You should use this authority sparingly.
    b. If you find that a required document is unobtainable, you must complete and sign Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, and attach to the Form FS-552 secondary evidence and/or a certificate from the appropriate authority, if obtainable, showing that in this particular case the missing document was never properly recorded.
    ...
    9 FAM 42.65 N7 SECONDARY EVIDENCE IN LIEU OF SUPPORTING DOCUMENT
    INA 222(b) (8 U.S.C. 1202(b)) prescribes the documentation required of applicants. It will be rare that a document listed as available in Visa Reciprocity and Country Documents Finder is unobtainable. If, however, you are satisfied that a document is unobtainable, the officer must require substitute documentation or secondary evidence. 22 CFR 42.65(d)(2) requires the consular officer “to affix a signed statement describing in detail the reasons for considering the record or document unobtainable and for accepting the particular secondary evidence attached to the visa.” (See 22 CFR 42.65(d).) In these cases, the applicant must submit proof of the unavailability of the missing document; for example, a statement from the local authorities that records for the year in question were destroyed by fire, or proof of the attempts made to obtain the document. When accepting substitute documentation or secondary evidence, you must complete Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, upon which the officer will make the statement required by 22 CFR 42.65(d)(2) and attach the Form FS-552 to the visa.
    ...
    9 FAM 42.65 N8 APPLICANTS SUBMITTING OTHER SATISFACTORY EVIDENCE OF GOOD CONDUCT
    If an applicant has presented a comprehensive police certificate fully meeting the requirements of 22 CFR 42.65© from the applicant’s country of principal residence, you need not require a police certificate from other places of former residence, provided the applicant presents other satisfactory evidence of good conduct . For example, it has been held that proof of membership in or affiliation with a reputable religious organization in a religious capacity during periods of foreign residence may be accepted as such evidence. However, if you have reason to believe that a police or criminal record might exist in the foreign country, which would render the alien ineligible to receive a visa, you must require the alien to obtain the police certificate. If the police certificate is not obtainable from the local authorities, the alien must present other convincing evidence that he is not ineligible to receive a visa.
    Please read that chapter in the FAM. You will learn much more than would ever learn by calling the embassy, unless you happen to have to unbelievable good fortune to actually speak with a consular officer.
  24. Like
    JimVaPhuong got a reaction from Hurry&Wait in Slapped with a 221g   
    Is graffiti "free speech"? Not if it isn't your wall!
    Your right to free speech ends where it infringes on the rights of others. "Free" doesn't mean "free of cost". You have the right to say whatever you like, providing it's not libelous or slanderous, but you don't have the right to use somebody else's podium to say it. If you want to exercise your right to free speech, then lease your own server and put up your own forum or blog. If you post here, you do so with the permission of the people who run this site, and you agree to abide by their rules when doing so.
  25. Like
    JimVaPhuong got a reaction from Hurry&Wait in K1 Paper work "stuck" at HCM Consulate after interview   
    Let me translate this for you.
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