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manimani

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  1. Like
    manimani reacted to Chancy in SSN card not received after Green Card being issued   
    They may apply at any SSA office.  Call the office first to get them an appointment.  I don't think SSA offices allow walk-ins anymore.
     
  2. Confused
    manimani got a reaction from Crazy Cat in Maintaining US Permanent Residency Status   
    hi, my parents recently received their green card. I wanted to clarify on how long they need to stay in the US to maintain their green card. On the letter that was received along with the green card, it states it if they are going to be outside US for more than a year then they need to apply for a reentry permit. However, it does not specify how long they need to stay in the US before exiting. 
     
    So it is clear that 1) Need to visit once every year to maintain their green card status 2) How about the duration of the stay ? 
     
    Thanks.
  3. Like
    manimani reacted to SteveInBostonI130 in Maintaining US Permanent Residency Status   
    Filing a re-entry permit for 1 long trip for over a year may be fine, but CBP will question them about their residency.  Multiple long trips, or a very long stay outside the US, may lead to CBP deeming your parents have abandoned their LPR and have them sign an I-407 or be sent to immigration court.
     
    There is a poster here the other day that spoke about the above situation.  He had a re-entry permit but stayed away longer than planned due to some factors.  When he tried to return, CBP made him sign an I-407, he lost his permanent resident status, and he was denied entry.
  4. Like
    manimani reacted to Mike E in Maintaining US Permanent Residency Status   
    Legally, the majority of their time should be spent in the USA. 
     
    So stay away for X days, return to the USA for at least X+1 days.  X should never exceed 180. If it does, and an officer asks how long the LPR was out of the USA, a secondary inspection is likely.  For sufficiently high values of X,  I’ve read about CBP advising LPRs to not leave the USA again until they naturalize.  
     
    In normal times, i think the maximum X should be 150 days. With Covid, 90 days to deal with the possibility of being stranded as governments are using  the pandemic to erode human rights to mobility.  
     
     
  5. Like
    manimani reacted to SusieQQQ in Maintaining US Permanent Residency Status   
    “Visiting” once a year is fine as long as the visit is say … a little over  6 months. It’s not as simple as touching down, they have to be resident in the US to maintain residency. 

    https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident

    If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.
     
  6. Haha
    manimani got a reaction from PaulaCJohnny in Maintaining US Permanent Residency Status   
    hi, my parents recently received their green card. I wanted to clarify on how long they need to stay in the US to maintain their green card. On the letter that was received along with the green card, it states it if they are going to be outside US for more than a year then they need to apply for a reentry permit. However, it does not specify how long they need to stay in the US before exiting. 
     
    So it is clear that 1) Need to visit once every year to maintain their green card status 2) How about the duration of the stay ? 
     
    Thanks.
  7. Like
  8. Like
    manimani reacted to HRQX in I-130 (Petition for alien relative) Approved - What Next ?   
    Yes, just wait for I-131/I-765/I-485 approval.
    Correct, so bring the I-130 approval notice to the I-485 interview.
  9. Like
    manimani reacted to SusieQQQ in [Waukegan, IL] Any suggestions on going early for Biometrics Appointment ?   
    Have you tried before, or how would you know trying on a weekend? The chart only comes up during business hours of the particular office.
  10. Like
    manimani reacted to igoyougoduke in I-130 Petition Filed online on February 6 - What next ?   
    next up 
    1) you will get paper receipts with Receipt number at the address on file
    2) you will wait for months next
    3) next they will send biometrics appointments for i-485+i-131+i-765. Wait time to get biometric appoints can be 6 months to 2 years from date of filing 
    4) once biometrics are done than you wait some more months
    5) they can approve i-131/i-765/i-485 in 1-2 years
    6) once you have I-131 approved , they can leave the country if they choose to
    7) once green card is approved, they have freedom to travel as they please but must maintain residency in US
     
  11. Like
    manimani reacted to HRQX in I-130 Petition Filed online on February 6 - What next ?   
    See 8 CFR § 245.2(a)(4)(ii)(A): "Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act."
     
    Also see: https://www.uscis.gov/news/alerts/uscis-lockbox-updates "As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or petition with a USCIS lockbox. These delays will not affect the receipt date which is determined pursuant to 8 C.F.R. 103.2(a)(7). Delays may vary among form types and lockbox locations."
     
    8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."
     
    After the I-94 expires they won't have "lawful status" but will be in a period of stay authorized by the Secretary of Homeland Security: https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF "As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful."
  12. Sad
    manimani got a reaction from Leah88 in Urgent Help: Application rejected because of "incorrect payment amount" for I-485   
    I had filed I-485 with supporting documents for my parents (list of docs below). I had previously filed I-130 online and this would be concurrent file as my parents are in US on B2 visa.
     
    ·         I-130 (Petition for Alien Relative) – Filed online
    ·         I-485 (Application to Register Permanent Residence or Adjust Status)
    ·         I-765 (Application for Employment Authorization)
    ·         I-131 (Application for travel document)
     
    I had submitted G-1450 in the amount of 1,225. Is that not the correct amount ?
     
    There was a separate G-1450 in the amount of 1,225 for each of my parent.
     
    The I797-C form states the following reason for rejection: "The payment amount is incorrect or has not been provided".
     
    The entire application (with all docs) was returned and request is for it to be submitted again with the correct payment amount.
  13. Like
    manimani reacted to arken in Urgent Help: Application rejected because of "incorrect payment amount" for I-485   
    Looks like you are making it complex yourself. The filing fee of 1225 is for i485 only plus biometrics. The other two are free due to i485 filing but that doesn't mean thefiling fee is for all three applications. 
  14. Confused
    manimani got a reaction from SalishSea in Urgent Help: Application rejected because of "incorrect payment amount" for I-485   
    1) Concurrent filing of I-130 and I-1485 is what i meant. It is a bit tricky as i filed I-130 online
    2) Yes, all the documents you see in the table above were in a separate packet  (along with the cover letter) for each of my parents mailed in one box. 
    3) I will include it as part of I485 but it looks like the placement of I-693 within the packet does not seem to be the issue here.
  15. Like
  16. Like
    manimani got a reaction from igoyougoduke in I-130 Petition Filed online on February 6 - What next ?   
    For anybody interested the closest i found is the last statement on this page:
     
    https://www.uscis.gov/green-card/while-your-green-card-application-is-pending-with-uscis
     
    "Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. For further information, see our Travel Documents page."
  17. Like
    manimani reacted to aaron2020 in I-130 Petition Filed online on February 6 - What next ?   
    Yes.  Your parents should not leave the US until they have their AP cards.  Filing the I-485 allows them to legally be in the US (even if they don't have a receipt).  It doesn't matter if the I-94 are expired because filing the I-485 allows them to legally be in the US.  If they leave the US without AP in their hands, they will automatically abandon their AOS.  
  18. Like
    manimani reacted to Crazy Cat in Sent I-485 Application / What to expect next and timing   
    6-8 weeks seem to be common.
  19. Like
    manimani reacted to Noname93 in I-944 no longer needed ? Updated Checklist for I-485?   
    Also if you want to be notified when your package gets accepted, add form G-1145.
  20. Like
    manimani reacted to HRQX in I-944 no longer needed ? Updated Checklist for I-485?   
    Yes, but you can then put those 2 envelopes inside another envelope (this envelope would have the postage; or this one can be a Priority Mail envelope) and send everything together.
  21. Like
    manimani reacted to HRQX in I-944 no longer needed ? Updated Checklist for I-485?   
    It is an optional form but I highly recommend filing it. With approved I-765 the applicant is eligible for SSN. Also when filed concurrently with I-131 odds are it'll be a wallet sized combo card:

    I-765 and I-131 are free to file if full I-485 fee is paid: https://www.uscis.gov/i-485
    Filing Forms I-765 and I-131 with Form I-485
    If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together.
    Separate into 3 packets per applicant (so 6 total) and send to the Chicago Lockbox:
    I-485 with I-130 receipt notice (aka Form I-797C), I-864 and supporting documents, sealed I-693 medical, electronic I-94 copy, filing fees, etc.; I-765 with electronic I-94 copy, etc.; and I-131 with electronic I-94 copy, etc. You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips
     
    On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.
     
     
    For I-131 dates not needed. Put "TBD" for the Date of the trip; and "As needed" for the purpose of the trips. You might need to handwrite "TBD" in that field if the PDF editor doesn't let you. And select the box for Multiple trips.
  22. Like
    manimani reacted to Timona in I-944 no longer needed ? Updated Checklist for I-485?   
    I see that RFEs due after March 9th arent required too. 
  23. Like
    manimani reacted to aleful in I-944 no longer needed ? Updated Checklist for I-485?   
    correct but you need copy of the i130 filed in the package, also missing the l765 work permit, not only to work but to be legal in the country until the interview
     
    and later the i693 medical and vaccination, you can send it now or later
     
     
  24. Like
    manimani reacted to SusieQQQ in I-944 no longer needed ? Updated Checklist for I-485?   
    Correct 
  25. Like
    manimani reacted to Mike E in I-30 Online Q: USCIS Online Account Number   
    Just answer no to that question and move on.  
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