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About newacct

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  1. newacct

    When can I file my I 485?

    Country of citizenship doesn't matter. It's country of birth that matters.
  2. Again, the I-134 is not legally binding. Even if he signed an I-134, he cannot be liable for anything.
  3. The I-134 your relative filled out is not legally binding, so there is no point for your relative to withdraw it.
  4. newacct

    new proposed public charge rules

    Benefits in the past don't matter. It's only benefits from after the rule becomes final.
  5. According to INA 222(g), if you stayed past the date on your I-94, with no pending Change of Status/Extension of Status application, the visa you used to enter the US is automatically void, so you need to get a new visa even if it is unexpired. Furthermore, under INA 222(g), you can only apply for US visas from a US consulate in your country of nationality from now on.
  6. newacct

    I94 expiring due to passport validity

    1. no 2. yes 3. I think it's more like 6 months
  7. newacct

    Travel during H1 to H4 Conversion

    Her stay is legal while the COS is pending. I am not sure what "240 day rule" you are talking about. H1 with a pending H1 extension of status can work for 240 days while the extension is pending; there is no H1 extension here; she cannot work after her H1b expired.
  8. newacct

    Family Based Green card

    First of all, you cannot enter on most types of nonimmigrant visa (except H1, L1, K1, etc.) with intent to file Adjustment of Status (I-485) during that stay in the US. Second, your statement doesn't make sense. I thought you said your fiance already has a green card. So what "application of my spouse" is there? If you mean your spouse's I-130 for you being approved, the I-130 being approved doesn't by itself allow you to apply for anything. You need to wait until a visa number is available for your category and priority date to proceed to the next step, which is either Adjustment of Status in the US, if you are in the US and in status at that time, or Consular Processing abroad otherwise. As the spouse of a permanent resident, you will be in the F2A category. The time between when I-130 is filed and Adjustment of Status (I-485) can be filed in that category varies between 8 months and 2 years. If you enter on a visitor visa, you are only admitted for 6 months, so you status wouldn't last long enough to file I-485 anyway. And you cannot file I-485 in your category if you are out of status.
  9. newacct

    INA320 based eligibility

    If on the day you or your wife becomes a US citizen (takes the oath) your daughter is still under 18 and living in the US with you guys, yes, she automatically and involuntarily becomes a US citizen on that day, without doing anything. From that day on, as a US citizen, she can apply for a US passport at any time, with her green card, plus you or your wife's Certificate of Naturalization, plus your marriage certificate. She does not need to get a Certificate of Citizenship first.
  10. It's not Obamacare itself but the subsidy (premium tax credit), which is means-based.
  11. The recent article is here: https://www.nbcnews.com/politics/immigration/now-trump-administration-wants-limit-citizenship-legal-immigrants-n897931 That article doesn't have the text of the draft rule. But this proposal has been previously reported on, and here is an article with text of the draft rule from March (paywall): https://www.washingtonpost.com/world/national-security/trump-proposal-would-penalize-immigrants-who-use-tax-credits-and-other-benefits/2018/03/28/4c6392e0-2924-11e8-bc72-077aa4dab9ef_story.html Text of the draft from the that article is here: http://apps.washingtonpost.com/g/documents/world/read-the-trump-administrations-draft-proposal-penalizing-immigrants-who-accept-almost-any-public-benefit/2841/