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newacct

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About newacct

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  1. newacct

    General Question on 485

    I-485 is the application for Adjustment of Status, the process to get permanent residency from inside the US. You can't file I-485 if you are not in the US. You would need to do Consular Processing abroad instead. You may need to file I-824 to have USCIS send the approved petition to NVC for Consular Processing. Note that your previous employer must still offer to employ you after you immigrate, in order for you to be able to immigrate on that petition.
  2. newacct

    Overstay on B1/B2 Visa i539 pending.

    It is not erroneous. From 9 FAM 302.1-9(B)(1)(c)(4)(b): The table in 9 FAM 302.1-9(B)(6) also says:
  3. newacct

    Overstay on B1/B2 Visa i539 pending.

    1. Yes. Visa invalidation does not occur when you left while before a decision on Change of Status. 2. You do not accrue unlawful presence while Change of Status is pending. You have no ban and don't need a waiver. 3. Hard to say
  4. newacct

    N 400 for my 16 years old Son

    Someone under 18 cannot file N-400. If either you or your wife becomes a US citizen (i.e. takes the oath) before your son's 18th birthday, he automatically and involuntarily becomes a US citizen under INA 320 as a permanent resident under 18 living in the US with a US citizen parent. No action is necessary from you or your son for him to become a citizen this way; it is automatic by operation of law. In that case, he can just apply for a US passport as proof of citizenship. (He can also file N-600 for a Certificate of Citizenship, but that is very expensive and not legally necessary; he is already a citizen.) If neither you nor your wife takes the oath by his 18th birthday, then he can file N-400 for himself as soon as he turns 18.
  5. newacct

    Adjustment of status

    People in family-based categories other than the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) are not eligible for Adjustment of Status if they are out of status or have ever been out of status. Assuming you are over 21 or married, your petition from your parent is not in the Immediate Relative category, and therefore you cannot do Adjustment of Status on that petition. You can only do Consular Processing abroad to immigrate on that petition, and that requires leaving the US. Depending on how much unlawful presence you accrued before you leave the US, you would trigger a ban upon leaving (you start accruing unlawful presence when your I-94 expired; if you accrue 180 days of unlawful presence and then leave the US, you trigger a 3-year ban; if you accrue 1 year of unlawful presence and then leave the US, you trigger a 10-year ban). An immigrant waiver for this ban is possible if you can show that your parents would suffer "extreme hardship" if you can't be in the US, but "extreme hardship" is difficult to show. On the other hand, once your daughter turns 21, she can petition you and it would be in the Immediate Relative category. You would be eligible for Adjustment of Status inside the US on your daughter's petition regardless of how long you have been out of status or how much unlawful presence you have accrued. You would not need a waiver because you would not have a ban since you do not need to leave the US.
  6. No. She can marry the next day if she wants. But her spouse will not be able to immigrate as her derivative beneficiary; she will have to petition her spouse.
  7. As long as it's at least 20 hours a week, and the job is in your field of study, it counts as being employed for OPT. You do not have to be paid -- unpaid work counts too. See this OPT guidance, item 7.2.1 (p. 17-18).
  8. No. Your mom remains eligible for Adjustment of Status. She can just file I-485 again. She is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) and does not need to be in status to be eligible for Adjustment of Status.
  9. newacct

    i94 Expired for my Kid

    No, he is not staying legally. His extension of status will likely be denied, as they don't accept late extension of status applications without good reason.
  10. A derivative beneficiary can enter at the same time as, or any time after, the principal beneficiary enters.
  11. Yes, because, assuming they left before their AOS was approved, their GCs were issued in error. Leaving the US while their Adjustment of Status (I-485) was pending automatically abandons their AOS, unless they had H1b/H4/L1/L2/K3/K4/V status before they left (which they didn't) or they were granted Advance Parole before they left (they weren't). It's quite possible that the immigration officers won't notice this, and they will be able to enter, but at any future time when they apply for any benefit, e.g. naturalization, or in a future entry, it can be noticed and they can be denied entry. If they are let into the US somehow, it should be possible for them to do AOS again.
  12. You cannot petition a niece. So I am guessing you petitioned your brother or sister, and the niece is an unmarried under-21 (according to CSPA) child of the principal beneficiary, so she is immigrating as a derivative beneficiary. If so, she cannot get married before entering the US with her immigrant visa, or she will not qualify as a derivative beneficiary anymore. She cannot get an "actual green card" before going to the US, because only permanent residents can have green cards, and she does not become a permanent resident until she enters the US with her immigrant visa.
  13. Yes. The date you file the I-130 becomes the priority date of the petition, and each month's VB determines whether a petition with that priority date and category can do Adjustment of Status/Consular Processing.
  14. newacct

    i539 Mother stay extension

    See 9 FAM 302.1-9(B)(1)(c)(4)(b):
  15. I'm not sure what your question is. You can always file I-130 for your spouse after your marriage. The visa bulletin matters for timing of the Consular Processing or Adjustment of Status process.
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