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About newacct

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  1. newacct

    Does Obamacare come under Public Charge for US Citizenship

    "public charge" is not relevant for eligibility for naturalization.
  2. How did you naturalize with only 4 years in the US? Were you a permanent resident for 5 years but spent a lot of long absences outside the US or something? Or did you naturalize as a minor?
  3. If the principal beneficiary does Consular Processing and the derivative beneficiary does AOS, the derivative beneficiary cannot file I-485 until after the principal beneficiary enters the US with their immigrant visa. If your status does not last until your father enters the US, you have no choice but to leave and do Consular Processing abroad.
  4. newacct

    New Health Insruance Law for Immigrants

    This only applies to people entering on immigrant visas, which you are not.
  5. newacct

    Diversity Lottery

    He does not qualify since he does not have a high school education.
  6. A US passport is a primary level evidence of citizenship for SSN applicants. A Certificate of Citizenship should not be necessary.
  7. newacct

    GC renewal issue while N400 pending

    Don't waste money applying for green card renewal. If your N-400 is still pending when your green card is close to expiring, make an appointment at your local office to get an I-551 stamp, which they should give you since you have a pending N-400.
  8. Assuming it's an Indian passport, since India is in the 6-month club, the passport needs to be valid until the end of your stay. What this actually means is that you can enter on your Indian passport all the way until it expires, and the immigration officer at entry will put an admit-until date on your I-94 that is no later than your passport expiration date. Since India is in the 6-month club, it is possible to get a visa on the passport all the way up until the passport expires. However, the consulate might not do it if there is too short a time until passport expiration for you to travel. In this case, it should be fine.
  9. newacct

    Change Adjustment of Status to Consular Processing

    If the I-130 is still pending at USCIS, you can contact USCIS to see if they can change it to consular processing on the form, without you having to pay the fee for I-824.
  10. newacct

    Health Inusrance

    There is no penalty for not having medical insurance during any months of 2019 and later years. There was a penalty for not having medical insurance during any months of 2014-2018.
  11. The 240 days is about an extension employment authorization. H4 are not authorized to work because of the status alone, so there is no employment authorization to extend in the first place. The 240 days has nothing to do with how long one can stay in the US. One can always stay for as long as a timely-filed Extension of Status or Change of Status application is pending, no matter how long it takes, regardless of what status one is in.
  12. newacct

    New rule about US Citizen Children born abroad

    If the US citizen parent did not meet the requirements to transmit US citizenship to a child born abroad at the time of the child's birth. (Specifically, for a child born to 2 US citizen parents, either parent has to have had a residence in the US at some point before the child's birth. For a child born to 1 US citizen parent and 1 alien parent, the US citizen parent has to have been physically present in the US for a cumulative total of 5 years before the child's birth, including 2 years after turning 14.) Also note that just because a child currently has a US citizen parent, does not mean that the child was born to a US citizen parent -- 1) the child could have been born before the parent was a US citizen, or 2) the child could have been adopted.
  13. Answer yes. There shouldn't be much effect on her coming now.
  14. newacct

    I-539 Extension denial

    No it doesn't. If she left while a timely-filed, non-frivolous Extension of Status or Change of Status was pending, her visa is not voided by INA 222(g). See 9 FAM 302.1-9(B)(1)(c)(4)(b):
  15. newacct

    I-539 Extension denial

    Yes, she can still use that visa. Her visa was not voided since she left the US before a decision was made on her Extension of Status application. She should bring the denial notice with her next time to prove the fact that she left before the denial.