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Pleads posted:Has there been any word on the impact to existing NAFTA visas (thinking TN-1 specifically) if Trump ends up pulling the US out entirely? No, no one has any idea what it would mean or what would happen because we have no idea what Trump would actually do (ie, just withdraw completely or arrange for a replacement that enables the same work authorization) and the immigration system has never been in a situation where the country just vaporized the underlying treaty of a visa class. Generally changes are given a time frame for the orgs to promulgate policies and processes, like the implementation of ESTA. The hope would be in the period between announcing and leaving NAFTA, there would be some sort of structure created for handling the fallout. I have to assume that they would simply stop issuing/renewing TNs and let the people currently in TN status work out their time, because the mechanics on abruptly revoking all those people's status would be nuts. Nuclear War posted:Ok so our NGO law guy put me in touch with a few America based immigration lawyers who in turn offered me suggestions for a few law firms that specialize in green cards/US immigration. The issue here is called 'immigrant intent', and is essentially that you should not use a nonimmigrant category to enter the US (like a tourist) when you actually intend to pursue residence. If you are found to have lied/deceived about your intent, you can be tagged for fraud, which is a huge problem. Having said that, a lot of people hate he time/difficulty of actually following the immigrant process as they should and prefer to take the risk on USCIS/CBP not catching them in the lie. I think that it is weird that she just jumped into offering that to you as an option, especially because you are outside the US right now and it doesn't seem like doing things the right way is a huge burden to you. Handling cases the wrong way is something I think most attorneys do at some point, but it is more usually in the context of someone coming to you and saying 'I entered as a tourist and now I'm married, what do I do?' or a client who ignores your advice and does it anyway and you are stuck trying to manage their situation. Volunteering it as an option does seem weird. It is also weird that she talked to you about lying to CBP. The closest we ever come to that is telling people that they are not required to specifically volunteer all information, only to answer the questions they are posed honestly. So if you are asked 'Have you been arrested?' you can just say 'No.', you do not have to talk about the time that a cop stopped you and frisked you and asked a bunch of questions but then let you go without ever arresting/detaining you. Again, directly lying creates a fraud situation which is very hard to overcome in the future. Ultimately, you want to find someone who you think is capable and that you also trust with an important aspect of your life. This person might be a good lawyer, but if you aren't comfortable and don't trust them, you should look for other options.
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Nov 16, 2016 16:03
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| # ¿ May 10, 2024 04:22 |
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The Crusher posted:Is "Marriage is your only option for papers and eventual citizenship" an actual possibility? Short answer: Yes. Longer answer: Marriage to a US citizen is the most privileged path for immigration, and it actually allows you to be forgiven for things that would otherwise stop you being allowed to get residence. So it is possible that she has issues that would prevent her from being sponsored by her parents or other relatives that would be forgiven if she was married to a citizen and applying on that basis. Exhaustive answer: Applying for permanent residence in the US is actually a two-part process. The first part is to prove your qualification in the category you wish to apply, and the second part is to show that you are actually eligible for residence in the US. For a family-based petition, the first part is the I-130 - all you are really doing at this stage is confirming the petitioner's citizenship or residence, and their relation to you. You can file this for anyone, even if they can never come to the US for other reasons, because the relationship can still be recognized. But if you can't complete the second part, there really isn't any point. So very likely her parents can file an I-130 for her in the F2A category, if they wanted. The second part depends on whether you are outside the US or inside. If you are outside, you have to apply at a US consulate and they will determine if you are eligible to enter the US as a resident - have you done something that would bar you, have you committed fraud, so on. If you are in the US, you can apply to 'adjust' your status from whatever it is now (visitor, student, worker) to permanent residence. In order to do so, though, you have to actually have a status at the time you apply. If you were never admitted properly, you were admitted and your status lapsed, you can't apply to adjust. Except if you are applying through a marriage to a US citizen. Then being out of status is forgiven, even if it has been a long-rear end time, and you can adjust. Why is this true for your spouse and not your children? That's just how things are. Obviously I do not know your girlfriend's situation, but to extrapolate... she entered with some sort of status that lapsed, and now she has been here a long time without any status. If her parents file an I-130 for her, she cannot use it to adjust to residence, because she doesn't have any current valid status. So, in theory, she would need to leave the US and apply at a consulate to be admitted at a residence. If your period of lapsed status is short, that is actually an option. But if you have been out of status for 180 days, you are completed barred from the US for 3 years. If you were out of status for more than a year, the bar is 10 years. Which means if she left the US, she would have to wait 10 years before she could apply at the consulate. And even then, there is no guarantee that they would admit her - it would just mean that they could, whereas the bar requires them not to. So your girlfriend can't leave and apply, and she can't adjust - unless she is married to a US citizen who petitions for her. Then, even though she is out of status and has been for some time, that will be forgiven and she will be allowed to adjust to resident status. Love conquers all! (ish). If she has been working with a lawyer for a long time, it's likely that they understand her situation and are right when they say there are not other options for her. My question would be what happened such that her parents got residence at some point but she did not - it seems strange that they came here in status, and she somehow lost status while her parents managed to get residence without her. Most paths to residence will include your children as part of the parcel. The only thing that comes to mind is that they came in status and she turned 21, aging out of her status from her parents before they became residents. There are probably a bunch of other ways that it could have happened that don't sprint to mind. Your girlfriend is a rough spot, especially as DACA might vanish on us. 
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Nov 19, 2016 03:43
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If you actually serve out the time you are barred outside the US, you are technically able to reapply to enter when that time is up. It is very difficult for people with overstays and bars to ever get a nonimmigrant visa again because of the heavy assumption that they will overstay, but if you have a US citizen spouse and are applying for residence it might actually be easier. As a note, a lot of people who leave the US are not strictly deported - many of them choose for 'voluntary removal', which is where you basically agree to leave the US within a certain timeframe without the government actually having to get a removal order and physically deport you. People that go through actual deportation, with a removal order and being put on a plane/bus, can face even stricter bars to re-entry. Generally if its clear your situation is a lost cause you choose voluntary removal instead.
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Nov 30, 2016 15:14
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No, it's not essential. Although I primarily work with business-based immigration cases the basic steps are not substantially different, and for 95% of cases everything is handled either by email or phone. In the remaining 5% it is either because they happen to be nearby and decide to drop something off instead of mailing it, or because there is an interview required and the lawyer is attending. For cases without complications, there is seldom any need for you to be face-to-face, although this can change if there are substantial complications or you need to have conversations about the case (for example, the partner here that handles removal/asylum/deportation almost always meets clients, because they might need to have a hour+ talk about their history and there are often language issues where translation is much better handled in person). I will say that if you are not meeting people in person than their email/call availability is much more important. If you have appointments to see an attorney, then the fact they are lazy with emails is just a nuisance. If you aren't seeing them, it may substantially delay your case. We have a 24 hour contact rule (ie, if someone calls or emails we will get back to them within 24 hours during the business week) and that makes a big difference for a lot of people. I don't know if there is anyone who can help you here. I'm not a lawyer, and people might be hesitant to advertise where they post dumb stuff as well.  If you are looking for an attorney the best options are usually word of mouth or referral from another attorney.
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Dec 18, 2016 02:13
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Miggles posted:I have been out of status for a while, years actually. So, crossing the T's and dotting I's is super important. I generally agree with Sheep that most people can get by without, but in that case a lawyer is probably best. If you know any lawyers, you can ask them who they know that works in the field. Or if you can ask family/friends for a recommendation for a lawyer, even if they don't practice immigration they might have a referral. In a pinch you can approach a legal aid group and ask them - they probably have a list of people who have worked with them before.
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Dec 18, 2016 14:21
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What sort of work? Depending on the work and your qualifications, you could apply for an H-1B. This is kind of a long shot given recent years, but if the company is flexible about when you go onsite it could work. The other option may be a B1-in-lieu-of-H1B, which is a weird niche class that requires you and the company kind of threading the needle on an application. Otherwise your options are pretty limited.
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Dec 23, 2016 03:17
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I don't have any answers to your questions; I am happy to talk shop about the mechanics of the immigration process but not very much in trying to unpack the political mess behind it; suffice to say that we haven't had substantial immigration reforms in twenty years because its such a fraught issue. Merry Christmas everyone, and remember that USCIS just raised fees so double check before submitting your petitions.
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Dec 25, 2016 19:58
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With a house and a kid I expect you'll be fine, unless there is something else weird thrown into the mix (like if you're not actually living together right now or something like that). I think that USCIS has decided that if you are willing to have kids and buy a house to keep up your deception, you're as jointly committed to it as most people are to their real marriage  You can always keep the photos to bring to an interview or send if you get an RFE.
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Feb 17, 2017 19:39
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Unlike the I-130, for the I-751 the interview is discretionary, which means that whoever gets your file can decide to approve it on the basis of what it submitted, or refer it to a local service center for an interview. Usually this happens if there are questions they have -maybe the application was sparse, or there is information that seems conflicting or confusing. If you are living apart, for example, and no explanation of that is provided it would be very likely there would be an interview to see what's going on. Being scheduled for an interview doesn't mean there is a problem though, sometimes it just happens and the local office approves the application after a cursory interview. So, maybe. You will get a notice if they want you to come in. Biometrics is a separate thing, it is where they collect a photograph and fingerprints of you as part of the application process. It's usually quick, the whole thing is 15-20 minutes, and is very much like what happens when you're coming into the US. They do this any time they haven't taken biometrics for you in the past year, and its essentially to just update your case file - people change after all, and they want to keep current information for you. It also helps to avoid issues or fraud and identity theft - they'll compare the biometrics they take to your prior file, so someone can't just start impersonating you. The Biometrics will be taken at the closest Application Support Center to your address. You can look here for the offices that serves you - you just put in your zip code and it will tell you. Interviews are done at the Field Office, which is a bigger/more central office where they actually keep files and have more (and more senior) officers. Here is the information for the VT field office. They try to have these things as close to your residence as they can, but its limited by the actual number of offices they operate. You can generally reschedule a Biometrics Apointment easily if its set for a bad time, and I believe its possible for interviews as well, but less common. So if they are placed on a really bad day you can try to have them moved.
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Feb 17, 2017 20:11
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Not really my area of expertise, but... you wouldn't be able to use the J-1 programs, because I believe you need to be 15 and I think there are restrictions on staying with family - the point of the J-1 programs is international exchange. I think that you would be able to use an F-1 to do this, but you would need to do so through a school that participates in the SEVP program, and would have to be 9-12 for a public school because they don't participate younger than that. A private school would be fine lower than that (I forget how old people are in different grades, I'm old) but would also need to be SEVP approved. Here is a link about it that includes some links to their search tool to find schools in your region that would be able to issue the proper documents for an F-1. I assume at a private school you would need to apply as normal and get in before the process - I am not sure how it works for a public school, given that there is no admission or anything. I assume anywhere that actually does this has a mechanism for it though. You can see if your school participates in it, at least.
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Apr 6, 2017 20:30
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The above is a good start. There are a lot of other things to unpack though. If you are living in the US and your fiancee is overseas, then officially what you should do is file an I-129F (fiancee petition) with USCIS - they will process this, eventually approve it, and then your fiancee would apply at the consulate for a fiancee visa (K-1). Then she could come to the US using that visa, you would need to get married within 90 days, and she could apply for permanent residence. This keeps all your intentions above board and ensures that you are following all the rules and intent to the letter. The bad part is that it is taking USCIS about 6-8 months to process the I-129F, after which you have to do the visa application, so you are looking at as much as a year before she would actually be able to join you in the US. The other option some people recommend is for her to enter on a different visa class, often a visitor, and then get married and file for the green card when she is here. The processing time is roughly as long, but she would be able to be in the US while everything is working its way along rather than waiting in South Africa. Sounds great, why shouldn't you do this? Well, applying for and entering the US as a visitor requires you to have 'non-immigrant intent' - which means that at the time you do so, you need to actually intend to visit the US and then return to your own country afterward. This is something that they will explicitly ask, and if she says 'Actually I'm going to get married here', she will be denied entry. Now, it's technically ok if you change your mind while you are here. The reason people say to wait 30 days (or whatever) is because this is an approximate benchmark for when its reasonable to say 'I changed my mind, when I entered I really intended to just visit, but then I found I could not bear to leave the embrace of my beloved so we got married'. But if you set this up in advance, what you are basically doing is misrepresenting your intent and if that becomes obvious she could get skewered for fraudulent intent. Lots of people get away with this just fine, but if you don't then getting nailed for fraud is a huge problem for any future applications - you can't just say 'oh haha you got me' and try the proper route, because now they have you flagged as someone who lies on applications. Maybe you'll be fine - many people are - but you should understand you're playing with fire. There is a lot of stuff you consider beyond this - is your income sufficient to support her? That's one of the steps in any of these applications, so you need to make sure you have enough income before you fire all this off. I would recommend reading the USCIS pages on the K-1 process and applying for a spouse to give you some overview. There are also forums where lots of people have navigated these steps. I also strongly recommend you at least consult with an attorney because
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Apr 14, 2017 14:17
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If she applied for a visitor visa, they'll want to know she has resources while she's here. It's fine for you to lay for stuff and host her, they're basically trying to prevent people flying to the US without a way to get by - and they'll guess people will try to work without authorization. You might need to provide a letter. For the residence process you only need to show something like 125% of poverty. For two people I think it's something like $19k a year. It's in the instructions of the I-864, I'll check the real number when I get the chance. I don't use visajourney but a lot of people filing on their own lean on it and it is generally on target
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Apr 15, 2017 01:11
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Sharks Below posted:It's May 8 at midday This is basically a summary of how processing has changed across the board in the last ten years. I used to know a guy at one of the process centers and if something seemed truly hosed up we would call him and ask him to just shake it lose, and he'd be able to walk down the hall and at least let us know what was going on. It basically impossible now, you can't even get through to the same officer any more. Mister Adequate posted:Anyone have any ideas on what more we could send? So, things to look for... - Do you have more pictures together? It sounds like you have made two trips to see each other, so hopefully you can pull together a dozen or so pictures. Yea, they'll all be from those trips but that's ok. If you took any pictures with family or friends that would be a good thing to include, you're less likely to introduce your fraud bride to grandma. - Do you communicate any way beside skype? You can include emails, cards, cellphone records, even copies of your facebook pages if you're posting on each other's walls or whatever. This stuff is very mainstream now so its not at all weird to provide. Feel free to go to town, it doesn't need to be Shakespeare. - You haven't combined finances, but were you both paying for stuff during the visits? If you can get credit card statements or something for both of you during the 2016 trip, showing you were in the same place/paying for things together, that could be useful. - Have you done any planning for the wedding? It's fair if you haven't, because its hard to plan without a solid timeline, but if you have done anything at all try to include it. Or if you did an engagement announcement in any way, even just on facebook or emailing your family, get that. - You said letters of intent, did you include any affidavits? If not, go ahead and get your friends/family to do this. Even if you did, see if you can get a couple more. These don't have to be complicated, it an be your friend saying 'I know X and they were talking about this trip for weeks, they were so excited, and when they came home they were really bummed to have left and they've been talking about this marriage nonstop, please approve this so they can get married and shut up'. If it's someone who was there for the visits and has seen you together, that would be best, but affidavits from family that know about you and the relationship in general is still helpful.
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Apr 17, 2017 14:36
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Ok whatever hope you enjoy fussy infants you big dummies
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| # ¿ May 10, 2024 04:22 |
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You are correct that she couldn't work while she is in TD status. Unfortunately the statuses that give spouses the ability to work are pretty thin and I don't think a lot of them would work for you. L-1 status allows dependents to apply for an EAD, but this is an intra-company transfer, so likely doesn't work for you. J-1 allows dependents to request an EAD, but that is a trainee/visiting scholer category that probably doesn't work unless you're recently out of school and doing something like a post-doc. It's also much more time-limited so its not a long-term situation. If your employer is willing, you can try to port to an H-1B from TN and she can apply for an EAD when you are along the green card process. The other option would be to try and find a work status she qualifies for directly, but if the TN doesn't work then you're stuck with something like the H-1B (hard to get due to the lottery) or possibly a J-1 situation. Maybe someone else can think of something I am forgetting =\
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May 17, 2017 14:34
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