Recent content by newacct

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    N-400 question vs. state “nonresident” tax returns clarification

    That's correct.
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    Joint sponsor

    In the last year, there have been many reports of people claiming the exemption on the I-485 getting an RFE for an I-864. This is almost certainly USCIS's mistake, probably because the place to claim an exemption moved from the I-864W to the I-485 itself, and they haven't updated their internal...
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    Joint sponsor

    That's correct. You don't need an I-864, so you don't need a joint sponsor.
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    i94 Expired

    No. If it did not cause issues when you got your green card (and it wouldn't), it wouldn't cause issues later as a green card holder.
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    B2 to F1 vs F2A

    "Authorized stay" just means "not accruing unlawful presence". It doesn't mean having "status". So they are indeed in "authorized stay" while a timely-filed, non-frivolous EOS/COS is pending. The COS would be predicated on the approval of the earlier EOS. If the EOS is approved for a period...
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    Any issues leaving the U.S. after B1/B2 visa expiration?

    Correct. It just needs to be valid at the time she enters.
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    Any issues leaving the U.S. after B1/B2 visa expiration?

    No. There is no problem staying or leaving after the visa expiration. The visa has no relevance to her stay inside the US.
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    Hypothetical: I-485 denial on a TN

    Why would it be denied? Yes You need to be in status, or have been out of status for no more than 180 days, at the time you file I-485.
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    STEM OPT marrying greencard holder

    answer "No" As a family-based immigrant, he would generally answer 1.f (None of these exemptions apply to me and I am not requesting an exemption as I am required to submit an Affidavit of Support Under Section 213A of the INA), unless he has accrued 40 Social Security credits. I believe so...
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    STEM OPT marrying greencard holder

    The I-485 form hasn't changed since March. which part is confusing?
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    TD Visa renewal question (non-Canadian)

    1. Yes, since Canada is her country of residence 2. Yes
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    TN - GC with USC

    I think it's just poor phrasing. What they meant was that the EAD that you get from an approved I-765 lets you work while the I-485 is pending.
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    TN - GC with USC

    What's incorrect about it?
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    Travel on Advanced Parole while on H1B status

    The other exception is people who are maintaining H1b/H4/L1/L2/K3/K4/V status, who leave and are re-admitted into the same status. They do not abandon their pending Adjustment of Status applications, even if they do not have Advance Parole. See 8 CFR 245.2(a)(4)(ii)(C).
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    Travel on Advanced Parole while on H1B status

    Where did you see this?
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