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About newacct

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  1. No. According to the I-912 page, under Listing of Forms Eligible for Fee Waiver, I-539 is eligible for fee waiver "only if you are applying for any benefit request specified by section 245(l)(7) of the INA or applying for E-2 CNMI investor nonimmigrant status under 8 CFR 214.2(e)(23)". I don't think a B2 extension falls under those.
  2. newacct

    Travel Back to US with Renewed Green Card

    Oh yeah, if your wife has an expired 10-year green card, the US government technically allows airlines to board her without needing a transportation letter. See the CBP carrier information guide, page 28: "Cards with expired I-551s may be boarded without penalty if the card was issued with a 10-year expiration date." However, the airline might still refuse to let her board, and if so, she will have to file I-131A for a transportation letter. See the I-131A page, under Special Instructions:
  3. newacct

    Travel Back to US with Renewed Green Card

    If they return before June 30, they can use their existing green cards. But airlines will not board them with an expired green card or a photocopy of a green card. So if they return after June 30, either their green cards need to be mailed to them, or they would have to file I-131A with the US consulate for a transportation letter, which costs $575 each.
  4. newacct

    Public Charge - IEP

    Educational benefits are not considered for public charge determinations.
  5. US visas are solely for entry and the visa's validity is irrelevant for her stay in the US. Yes, she can file I-539 to apply for Extension of Status. A visa cannot be renewed, and she cannot get a new visa from within the US (because if she is already in the US, she doesn't need to enter). Visas can only be obtained at consulates abroad.
  6. newacct

    Eligibility US Citizenship for child

    Was your wife a US citizen from birth and grew up abroad (if she was naturalized it would be unlikely for her to not have been in the US for 5 years)? Is your daughter in the US? Did she enter the US on an immigrant visa (petitioned by your wife)? or did she enter on a nonimmigrant visa? Basically, your wife, the US citizen, would petition her daughter to immigrate by filing I-130. If your daughter is outside the US, she would do Consular Processing at a US consulate to get an immigrant visa. When she enters the US with this immigrant visa, she would immediately become a US permanent resident (green card holder), and she would also immediately become a US citizen under INA 320 as a permanent resident under 18 living in the US with a US citizen parent (your wife). If your daughter is inside the US and entered on a nonimmigrant visa, I-130 and I-485 would be filed for her to do Adjustment of Status inside the US. When approved, she would become a US permanent resident, and also immediately become a US citizen. p.s. Why aren't you immigrating by being petitioned by your wife?
  7. I believe he can try to apply for another Advance Parole, with I-131 selecting option "1.e. I am outside the United States, and I am applying for an Advance Parole Document." (or you can file for him with "1.f. I am applying for an Advance Parole Document for a person who is outside the United States.") Although Advance Parole is not usually issued to people outside the US except in special situations, I believe the current situation with flight restrictions would be a legitimate situation for requesting this.
  8. newacct

    Extending stay beyond visa for Medical reasons

    US visas are only for entry and the visa's expiration date is just the last day that they can use the visa to enter. It has nothing to do with how long they can stay. How long they can stay are granted at the time of entry, and is usually 6 months for B2. So they can even enter the US in September on the very day their visa expires, and probably be admitted for 6 months.
  9. newacct

    Tourist visa

    No, there is no automatic extension of his status. He needs to apply for Extension of Status himself, by filing I-539, and paying the $455 fee.
  10. Benefits received by your child are not considered in your public charge determination: However, I don't see how your child would qualify for Medicaid, as your child is part of your household, and your child's household income is your household income, which is high.
  11. You need to both file I-485 together. She cannot file I-485 before you file I-485 because she is your derivative beneficiary.
  12. newacct

    New rules due to COVID 19

    No, there has been no such rule changes.
  13. newacct

    stimulus package query

    You are eligible for the stimulus payment if they use the 2019 tax year. It is unclear how exactly IRS chooses between the 2019 tax year and 2018 tax year. It is possible that they check once and find that you did not file for 2019, and switch permanently to 2018, so won't look at your 2019 tax return even when you file it. It is also possible that they will look at your 2019 tax return when you file it, even after checking your 2018 tax return and determining that you don't get any payment. In any case, you would be able to claim the payment as a tax credit on your 2020 tax return if you didn't get a check, since you are eligible for the 2020 tax year also.
  14. newacct

    GC parents stuck in India over 180 days

    There is no such presumption. Maybe you are thinking of the presumption of interrupting "continuous residence" for naturalization. But that has nothing to do with "giving up the GC".
  15. newacct

    B2 Visa overstay issue

    1. Her visa is voided 2. "Unlawful presence" starts accruing on the extension denial date 3. Doesn't affect you