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About newacct

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  1. newacct

    DHS published any RULE on H4-EAD?

    no we won't know until they publish a proposed rule
  2. Yes, she can file I-485 as your derivative beneficiary when your priority date is current. She can be in any status (or out of status if less than 180 days out of status since the most recent entry).
  3. newacct

    AB 60 license from California DMV

    No, there are no ramifications.
  4. newacct

    Visa overstay & 245(K) AOS

    Yes. If you are adjusting in an employment-based category, you can adjust as long as you have not been out of status or working illegally for 180 days since the most recent admission. So the overstay on a past stay does not affect your eligibility for AOS in an employment-based category.
  5. newacct

    Stuck in USA....HELP

    Are you in H1b/H4/L1/L2 status? If so, you can leave the US without Advance Parole and return on the same type of visa and it will not abandon your Adjustment of Status (I-485). Although your Advance Parole application will be abandoned, you can just apply for it again when you come back (it is free anyway).
  6. It should be Abu Dhabi.
  7. newacct

    Food stamp - Green card denial/deportation

    You made many false statements in this post: 1. WIC is not "no longer available". There have been no changes to WIC eligibility requirements recently. 2. They are not "starting to deport such foreigners starting October 1". They do not currently deport foreigners for using public benefits, and there are no officially announced plans to do so in the future. You may be confused about a proposed rule announced on September 22, about changing how to determine whether someone is inadmissible for being likely to become a public charge; and, among the things now considered, are certain benefits like Medicaid. 1) This does not deal with deportation; it deals with inadmissibility, which is for people entering the US, or applying for green cards. 2) It does not consider WIC, in the past or future. 3) Even for benefits which are to be considered under the proposed rule (e.g. Medicaid), they will not consider uses of the benefit before the final rule is effective. Right now, the proposed rule hasn't even been published in the Federal Register, after which there will be one or more comment periods, and it is likely at least next year before a final rule is effective. You may also be confused by a new policy which is starting to be implemented on October 1 for issuing Notices to Appear (NTAs) to certain people whose Extension of Status, Change of Status, or Adjustment of Status applications are denied, and who are unlawfully present after the denial. This has nothing to do with use of public benefits.
  8. newacct


    There is an exemption from the penalty for the first gap of less than 3 months that you have during a year.
  9. newacct

    Apply N-600 for legally adopted child

    N-600 can only be filed for someone who is already a US citizen, and your adopted child cannot become a US citizen until they come to the US. You will need to first petition the child to immigrate to the US with an immigrant visa. When he/she enters the US with that immigrant visa, he/she will immediately become a US permanent resident (green card holder), and also immediately become a US citizen under INA 320 as a permanent resident under 18 living in the US with a US citizen parent. Also, once he/she becomes a US citizen, it is not mandatory to file N-600 for a Certificate of Citizenship; he/she can just apply directly for a US passport.
  10. newacct

    Conditional GC vs Permanent GC

    Since she is in an employment-based category, she would become a non-conditional permanent resident with a 10-year card. It doesn't matter how long she has been married.
  11. Your Adjustment of Status and EAD won't be affected, but your Advance Parole will be denied.
  12. newacct

    Food stamp - Green card denial/deportation

    Benefits received before the final rule takes effect are not considered. Not sure what you mean by "food stamp"; nonimmigrants are not generally eligible for SNAP; if you mean something like WIC, that will not be considered under the proposed rule. If your child turns 21, he will lose H4 status. As for his being able to immigrate as your derivative beneficiary, the age at which he ages out depends on how long the petition was pending. The length of time the petition (I-140) was pending is subtracted from his age.
  13. Both I-765 for EAD and I-131 for AP are free for I-485 applicants. This is true for both the initial application and any renewals.
  14. newacct

    EAD question

    Upon using the EAD to work outside of your H1b.
  15. The valid visa on old passport is no longer valid because he stayed past the date on his I-94, which causes the visa he entered on to be automatically voided under INA 222(g), and he can only apply for US visas in his country of nationality from now on. He must go back to his country of nationality and apply for a new visa.