Attorney_16

Typically if the USCIS is requesting a copy, you would want to provide a copy of everything that was in the sealed envelope from the USCIS designated Civil Surgeon. You can also contact your Congressperson to go through their immigration liaison if you need to contact the USCIS about your sealed medical as they typically go not request that it be faxed.

Since the USCIS is not communicating about your wife's EAD card, it may be best to go to your Congressperson to speak to their immigration liaison. They will get information from your wife to contact the USCIS on your wife's behalf.

It is best that you speak to an immigration attorney about your specific situation. A person should have a continuous job offer for the employment-based green card.

The USCIS and Department of State go by the Department of State's Visa Reciprocity Schedule for civil documents for each country, such as the birth certificate. It is generally OK that the birth certificate is hand written. If there are corrections written in by the government, that is generally acceptable. If there is information missing or a typographical error, generally secondary evidence such as affidavits and school certificates/church records/other government records can be used to support it. Sometimes people are able to get typographical errors fixed by contacting the municipality.

You should discuss your specific situation with a qualified immigration attorney. You could switch the process to Consular Processing to take care of any family issues that arise and still be able to get the Immigrant Visa in the future. For any tax questions, you should speak to a CPA or qualified tax professional.

Since an F1 visa is not a dual intent visa, you would potentially have trouble traveling outside of the U.S. after the I-140 is filed as it is an immigrant petition. You should always discuss your non-immigrant maintenance of status with a qualified immigration attorney.

Without knowing the specifics of what happened, it is safest to wait from 04/17/2023.

In general, you have to disclose if you have ever used multiple birth dates and explain why the birth certificate and passport have different dates of birth and places of birth on the I-485 Application. Typically a person has to get a corrected passport if the birth certificate contains the corrected information. You should discuss your situation in more detail with an experienced immigration attorney.

As long as your birth certificate meets the requirements in the Visa Reciprocity Schedule, you should be able to use it. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Since he has been an LPR for over 5 years, with regards to travel, he needs to see if he meets the physical presence (50% of time in the US in the last 5 years at time of applying) and continuous presence (no trips over 6 months or explanation if between 6 months and 1 year outside US within the last 5 years). If he has ever been outside of the US for more than a year (even with a reentry permit), he would need to wait 4 years and 6 months to apply for citizenship. It is best to discuss his details with travel with an immigration attorney.

The USCIS can only approve the case if the priority date is current on the Final Action chart. It is likely the file was sent back to the Service Center to be held until the priority date is current on the Final Action chart and the case can be adjudicated. Once the priority date becomes current, you can try contacting your Congressional liaison to follow up on the case.

A child can get derivative citizenship if a parent gets citizenship before they turn 18. It is likely that she would have to apply for citizenship herself at 18.

Unfortunately no one knows when the priority date will become current. We do know that PWDs are taking 6-8 months to get with a new employer and that DOL is taking 9-12 months to adjudicate an ETA 9089 right now. https://flag.dol.gov/ It is best to discuss your specific case with an attorney as you will have to have a valid I-140 approval with a valid job offer if the priority dates become current and you want to file an I-485 Application.

Generally you will not get an I-140 approval notice through FOIA as those are computer generated. If you have the copy of the I-140 that is stamped by USCIS as approved (and you know the I-140 hasnt been withdrawn within 180 days of approval), you can use it to extend your H1B status. You can also use a retained priority date from that petition.

There are not mandatory interviews for parents of USCs; however, the USCIS is permitted to call anyone in for an interview. While I-485 times for the National Benefits Center are not always posted, you can always try following up with USCIS or contact your Congressperson to follow up through their immigration liaison.