Brother Hesekiel got a reaction from Melc in Your country no longer exists... Where were you born?
If Superman, who was born on planet Krypton -- a planet that blew up shortly after he escaped -- is being asked where he was born, should he truthful state Krypton or make a false statement such as Kansas or Kuala Lumpur?
Brother Hesekiel got a reaction from OhWait in N400 Naturalization Interview False Claim Issue
The law about "false claim of US citizenship" changed on September 30, 1996. Before that date, only a claim made in order to gain immigration benefits made the beneficiary a persona non grata. Since then, any claim, to anybody, even when made to some drunk in a bar "Sure I'm a US citizen, focker!" had this effect.
In your case, and especially in light of this being made for job benefits on an I-9 form, it would be a claim related to immigration benefits. If you are not allowed to work yet mark "US citizen or US national" on the I-9, you are gaining benefits related to immigration. To the best of my knowledge, there is no discretion an I.O. has when adjudicating any such application. He or she would have to deny your N-400, confiscate your Green Card, and initiate deportation proceedings. That's the bad news.
But there's good news as well. The new I-9 has a field for (1) USC, (2) US national, (3) LPR, and (4) non-permanent alien allowed to work. Why? Because the old one had "US citizen or US national" on one field and that was the killer of the killer. The dealbreaker was and still is a false claim of US citizenship, yet they simply forgot to include US national with that. So a LPR in court charged with false claim of US citizenship, ready to be deported based on marking his old I-9 to this effect challenged it and won by stating that when marking the field he had claimed to be a US national, not a US citizen. The court said" hmmm . . . there's indeed no way for a layman to distinguish between the two!" and thus they changed the I-9 form afterward.
Sosiw, I'm at home on a tiny netbook but PM me and I will provide you with all you need for a hopefully viable defense, should the need arise once I'm at my office.
Brother Hesekiel got a reaction from sebastianshaw in Sending supporting documents with N400 - 3 year marriage
I agree with your attorney 100%. Send what is requested, nothing more.
In this final phase of your journey, they do not want any evidence about your good faith marriage anymore. You are way beyond that. What you need for an early (3-year) citizenship is that you are still married to your wife and that you guys still live together. Tax returns showing your identical address and having filed jointly or at least as married are the main evidence for that.
If you like, take some additional evidence with you to the interview. Most likely you won't need it though.
Brother Hesekiel got a reaction from phoenyxx in Cannot change name on Social Security without having actual Green Card?
The sky is not blue.
Your eyes may perceive it as being blue, for a dog' it's greenish gray. Can we blame the sky for this, or should we accept the fact that not everything is exactly the way we are convinced it is?
Thank you for the wonderful example of human ignorance. No offense intended.
Brother Hesekiel got a reaction from michal1 in Do I need to put my Alien number if I became a citizen?
If you had been a prisoner in a NAZI concentration camp, you will have your inmate number tattooed on your forearm for life as well. Still, you do not need to provide it anymore, not when applying for a visa, nor when registering to vote. But let me illustrate this better:
Applicant, I see on your application that you provided an alien number. On the same application you marked "US citizen." You can't be an alien and a US citizen at the same time, now, can you?
No, Sir, but I was an alien . . .
I.O. Bob (interrrupts):
. . . an my daughter was a virgin until she was gang-raped by a bunch of &*%$@. What's your point? The application asks for your current status, and you are obviously stupid or you are trying to sabotage your own application. So what is it? Are you stupid, or are you trying to derail your own AOS application?
No, Sir, I just . . .
I.O. Bob (interrupts again):
. . . you are just what? Incapable to answer a simple question? Well, this isn't kosher to me. I'm going to issue an RFE here. We need to find out what's going on with your clashing claims of being an alien and a citizen at the same time. Now get the #### out of my office!
The United States does not classify 1st and 2nd degree citizens (like Mexico does). Therefore, a citizen does not have an alien number. No citizen does have an alien number. A citizen can have had an alien number, or could have been born with a different gender, but non of this matters anymore when it comes to figure out if the petitioning person is a US citizen or "ONLY" a LPR. And that's why they ask that question in the first, second, and third place. It's not because they want to know if someone is a natural born citizen or a naturalized citizen. They NEED to know if the petitioner is a USC or an LPR because it has a substantial bearing on the process itself.
Brother Hesekiel got a reaction from Honey_B in Dual American/German Citizenship (Beibehaltungsgenehmigung)
I used to be the driving force of ZweiPaesse for years, have personally built 64 BBG applications out of thin air, but I have since retracted from the group and only look in once in a while. But I'll give you my 2 cents anyway, the no BS way.
Nobody gives a rat's behind why you want to keep your German citizenship. I wanted to keep mine because (1) if the sh*t ever hits the fan here, I can go to Germany and say "I'm hungry and cold. I have nothing. I'm a German citizen, help me!" The next day I'll have medical attention, an apartment, food and dry clothes. I earned this by paying into the system. (2) Because I may consider retiring in the South of France or Northern Italy and having a passport from an EU country makes that possible. I actually have 2.
In order to get approved, you'll need to accomplish 2 things:
1) show remaining ties to the Fatherland. That's easy if you grew up there and have family remaining, perhaps a bank account, and a retirement account.
2) show that you would suffer discrimination as a foreigner living in the U.S. The by a wide margin best way to do that is finding a job application for which you qualify, which however requires you to be a US citizen. So if you have two arms, two hands, and are not totally retarded, you can work a lot of jobs, from TSA drones touching people, to zoo helper touching monkeys, all the way to a forest assistant, picking up trash. A worker cannot seek employment as a therapist, but a therapist can seek employment in the forest, because the air is so healthy there. The guys in Köln are on our side, yet they have to play by the rules. So if you can find two or three jobs for which you are qualified, but that require you to be a US citizen, you can do this easily. If you live in California but the job is in Alaska, use the phrase "zudem bietet eine örtliche Veränderung einen zusätzlichen Anreiz."
The BBG process is a game, and if you want to win, you'll need to know the rules and play accordingly.
Brother Hesekiel got a reaction from Nanak32 in how about going back to school? any opinions?
When I was young, my dad forced me to study business, because it's a "practical" degree. I was never very good at it and hated it. Yet what I learned helped me to make money, and when I moved to the US I didn't come empty-handed. I also lived in 7 European countries, which in turn aided me in learning foreign languages. It wasn't easy, but it was a worthwhile experience.
I always wanted to study Philosophy, and since I didn't have an appropriate visa and couldn't provide a US High School diploma, I went back to a private school and got one. That's right, at age 36 and even with a B.A. in business I got a US High School Diploma!
I then went to a community college where I eventually transferred with a 3.85 GPA and honors to UCLA. There I got a B.A. in Philosophy and graduated Magna Cum Laude. Even though it wasn't a "practical" degree, what I learned in school was invaluable and helped me immensely ever since, not only in regard to the English language, but in so many other ways.
I'm now 53, pretty old, yet I'm thinking about getting a Master's in Political Science "on the side."
I have a Professor of English Literature in my family. He got his Ph.D. late in life and when he married my sister in-law, she didn't even have a High School Diploma as she was one of 7 girls in the family and money had always been very tight. Yet she was really smart and got her GED. Right afterward they moved from California to Wyoming where she studied Archeology. When done, her husband got a job at a major university in Southern California and she started on her Master's while working for the US Forest Service. She's 54 now and I have no doubt that she made the right decision.
What does that tell you? It's never too late to go to school again. Some people say "but I'll be 40 by the time I'm done" and use it as an excuse not to go to school. But they'll be 40 at some time anyway, just this time without a degree. If the time needed to education is taken from the time that would usually go to watching TV or just hanging out with other people, it's time well spend.
Brother Hesekiel got a reaction from HonoraryCitizen in Can she be deported
there is no need to go there here and now. It is in no way related to the I.O.'s case, as she wasn't a prison guard during the NAZI regime in the 1930s and deliberately answered NO in regard to this question on the N-400. Totally different thing.
I've read extensively about this, because I find it fascinating, but having a court declaring the naturalization void differs from an I.O. revoking it based on executive powers which indeed end two years after the naturalization happens.
Yes, if a naturalized U.S. citizen was working under the NAZI regime or helped overthrow a government or joins Al-Qaeda and commits acts of terrorism against the U.S. his or her U.S. citizenship can be revoked by a federal court until hell freezes over. But again, that is a huge deal and you can count the cases that happened on the fingers of your hands.
Brother Hesekiel got a reaction from michal1 in Do I need to put my Alien number if I became a citizen?
Once you become a US citizen, you are not an alien anymore. US citizens do not have alien numbers. PERIOD.
Brother Hesekiel got a reaction from PoohBear72 in Becoming a US Citizen Rather than renew Green Card
I'm 60 years old now, and I still appreciate the opportunity to learn something, so maybe you can help me out.
Name ONE, just one, any one reason, why you would NOT want to become a US citizen.
I'll tell you one reason:
You are worth $500,000,000, make about $5,000,000 per year without lifting a finger, and don't want to live in the United States of America anymore. You live on your private island in the BVI, like that Virgin dude Branson. Or your net worth is $350,000,000, like Tina Turner's, and you live with your husband in the most expensive part of Switzerland. And, again, you don't mind never setting foot on US soil again. To avoid double taxation in such a case, you should not become a US citizen. Short of that, there is NO reason whatsover I can think of.
You will die as a British citizen, no matter what you do, even if you were to kill off the entire Royal family.
Brother Hesekiel got a reaction from ElmiraW in Trump's published Immigration policies MEGATHREAD
President Trump is not anti-immigrants. After all, his current wife is an immigrant and so is one of his ex-wives. He won the elections primarily based on his promise to get a hold of ILLEGAL immigration and immigration abuses. DACA is part of illegal immigration and the H1-B visa abuse is part of legal immigration abuse.
Like it or not, President Trump promised "the wall" and it is destined to become part of his legacy. In order to pull this off, he offers the Democrats 800,000 get-out-of-jail cards free, to be distributed to the DACA recipients. If the Democrats do not play along, the USCIS will use the list and ICE will visit the parents of the DREAMERs, invite them to a drive, and process them for expedited deportation. That will not sit well with the voter base, so my educated guess is that the Democrats will agree to work with the Republicans on a compromise.
Every legal immigrant should have no problem with getting control of illegal immigration and abuse of the legal immigration system. We can by sympathetic to DREAMERs, and most people are, but on the same token we need to understand that no country can tolerate having many millions of illegal aliens living within its borders.
Brother Hesekiel got a reaction from EM_Vandaveer in How enforceable is Affidavit of Support?
In real life, the Affidavit of Support is a non issue. Enforcing it would require the US Government to sue the immigrant's sponsor in court. It is very doubtful that this will happen in any but the most severe circumstances where an immigrant has unlawfully accrued tens of thousand of dollars in federal (not state!) money.
Don't tell anyone though.
The case you were discussing is about a spouse who arrived on a K-1 in order to get married and it just didn't work out. In such a case the US citizen shouldn't get his/her spouse a Green Card, as this would be fraud, plain and simple. The cultural implications involved do not change that fact. Importing a foreigner from a completely different country far far away is inherently risky, and both the USC and the foreigner assume that risk when agreeing on pursuing that route.
Brother Hesekiel got a reaction from EM_Vandaveer in Proving right to study while pending I-485 (and with EAD)
The school is correct.
The K-1 is a single entry, NON-immigrant visa. Until you have either received your EAD (assuming you filed an I-765 with your AoS package), or successfully have adjusted status to that of a resident, you are not authorized to work and you are authorized to study on US taxpayers' dime.
Brother Hesekiel got a reaction from SusieQQQ in LPR travelling on closed loop cruise
You are not saying it directly in your post, but I assume you plan on smuggling drugs or firearms into the United States and fear that the Trump administration will make this more difficult than under the Obama administration?
If so, that's indeed possible, more so as the President decided to put the National Guard to the border. But you can avoid any and all problems if you don't do anything illegal and just enjoy the cruise as intended, for vacationing.
Brother Hesekiel got a reaction from tomigaoka in evidence for lifting conditions
all of you who are about to file the I-751 soon or in the future, here's some valuable advise to you. The main factor whether or not your petition to remove conditions will be approved or not, is whether or not you are still (happily) married to your USC spouse, and live together in the same household.
If you answer YES to this question, 100% of you will be approved.
All they want is that you send them SOMETHING that shows that this is the case. Don't send them a big file, send them a few meaningful documents that show the intermingling of finances and living. Make it easy for them to approve you; don't try to slow them down by drowning them in paperwork so that the I.O. in charge wants nothing more than putting YOUR file back to the bottom of the pile.
If I remember correctly, I sent a total of 17 or 18 pages, including the cover letter and copies of GC, and including 3 or 4 pages of 3 photos each. I didn't sent rent/mortgage/, bank statements, or affidavits at all.
ROC is not like AOS, although I can understand that it might be stressful for many.
If your marriage is real, you WILL be approved. I have NEVER heard of a case where a happily married couple is separated by the immigration people. If you don't have a rental contract, okay; if you don't have a joint bank account, that's okay too. Just send them what you have, and don't worry too much about being approved. You WILL be approved.
Brother Hesekiel reacted to bsp in Can you file for fee waiver (I-912) online with N-400?
You can't file online if requesting a fee waiver, see the special instructions here: https://www.uscis.gov/i-912
Brother Hesekiel got a reaction from TBoneTX in Permanent resident, just got divorced after 1 year of marriage and am moving back to Germany. Do I need to notify USCIS or take any additional steps?
I assume that you have a conditional (2-year) Green Card. The condition is that you stay married to the petitioning US citizen spouse and live with her in marital bliss under one roof. Once you got divorced, the condition of your conditional Green Card no longer exists, and you'll have to file for Removal of Conditions right away, no matter the expiration date on your Green Card. So it's a "whatever comes first" scenario.
In addition, once you establish, or re-establish, residency outside the United States, your Green Card also becomes invalid after the fact. So if you move back to Germany, have a residency (Wohnung + Meldebescheinigung) there, you are reestablishing residency outside the US.
Of course, you could just "visit" Germany, and when you return within 6 months or so, you *may* slide through the cracks and be "admitted again." It's just that when the CBP officer ask you what you've been doing there for so long, and how you could afford a vacation without having to work, you'd need a pretty good answer. If you work in Germany, you'd be doing it as a resident (a Kraut can't get a work visa for Germany), and you also would have to declare that income on your federal US income tax return. That would basically document that you voluntarily abandoned your US residency.
But all of this is secondary. If you wish to continue to live in the United States, you need to file the I-751 now. If you want to move back to Germany, none of this matters.
Brother Hesekiel got a reaction from Life_love in Some More N400 question based on 5 year
Is that a trick question?
You will submit your federal US income tax return for 2013 now. If you don't owe any income tax, there's no late fee, no punishment.
AFTER you did that, you can truly answer that you never failed to file a federal income tax return.
The question is whether or not you filed late, but whether or not you failed to file. So file!
Brother Hesekiel got a reaction from Michael2017 in Eligibility for US Citizenship
I have a poor opinion of government workers. In my not-so-humble opinion, folks who work for the SSA and the DMV are in large part dumb as a piece of cardboard, and about as useful.
That doesn't apply to I.O.s though. They are actually quite smart.
A Kraut who is a Green Card holder is not allowed to study in Germany. That would imply being a RESIDENT of Germany, as she can't be an international student in her country of citizenship. That's the first thing that will caught any I.O.s eye who is adjudicating her N-400.
The continuous residency is not broken when a Green Card holder is absent for less than 365 days in a row. But any longer absence from the United States, all of which need to be documented, will be subject to scrutiny. She doesn't want that.
my thoughts to you is that she doesn't file her N-400 before she has 5 years of clean residency, without any significant absence. She can file as soon as she has been married to you for 3 years minus 90 days.
Brother Hesekiel reacted to Lucky Cat in My Boyfriend is being Deported
In all honesty, I think you should prepare to move to Africa. That sounds like an aggravated felony, making him subject to removal.......I would be surprised if they don't immediately deport him the very day he is released.. On what grounds do you think you can fight this? He was convicted.......