Recent content by newacct

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    Filling Form I-130

    Where do you get a household size of 4? Do you have a dependent? If your dad lives with you in the same residence, you can count him in your household size and he can file an I-864A and his income would count in your household income. I am not sure whether living with you "sometimes" is enough...
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    Filling Form I-130

    Yes, I-864 will be needed at a later stage. You, the petitioner, will need to file I-864. Since you are counting your husband's income in your I-864, he needs to fill out an I-864A.
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    Filling Form I-130

    I-864 is not filed at this time. It's just I-130.
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    Filling Form I-130

    Is your mom in the US?
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    Can my wife use derivative asylum for green card application?

    If you weren't naturalized, she would be able to do Adjustment of Status based on her asylee status, but once you are naturalized, she can no longer do that. Unless she can somehow get her own principal asylee status, I believe, yes, you would have to petition her as a spouse and she would do...
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    US Citizenship 55/15 rule and continuous living

    This thread is about the 50/20 or 55/15 requirement to be exempt from the English test, not the continuous residence requirement.
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    Deported. Procedure for Legal Re-Entry.

    Removal proceedings are in immigration court in front of an immigration judge. If they had let him leave without placing him in removal proceedings (or if he was granted Voluntary Departure by the immigration judge in removal proceedings), he wouldn't have had a ban.
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    Deported. Procedure for Legal Re-Entry.

    However, removal of a non-arriving alien triggers a 10-year ban under INA 212(a)(9)(A)(ii)(I) for the first time.
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    Deported. Procedure for Legal Re-Entry.

    Since your ban is over, you do not need to apply for a waiver or for permission to reapply. Yes, you can just apply for a tourist visa. There is still a good chance they will deny it under INA 214(b) for "failure to overcome the presumption of immigrant intent" especially give your past overstay.
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    AOS while in removal proceedings

    Who did you apply for AOS to? As far as I know, if you are in removal proceedings, not as an arriving alien, then only the immigration judge has jurisdiction over AOS, not USCIS. And you cannot file I-485 with the IJ until USCIS approves your I-130.
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    Was given Section 216 Notice at immigration interview, then I got RFE with deadline on the 2yrs mark. Will I get conditional GC?

    If you become a permanent resident (i.e. AOS is approved) after you have been married for 2 years, you will become a non-conditional permanent resident. If that's the case and you get a 2-year card, it is in error and can be corrected for free. It is unclear that waiting until the last day will...
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    Country of Birth

    That's interesting. So it's different from the place of birth on the US passport, which is based on the country which is currently recognized to have sovereignty over the place of birth.
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    Applying for GC

    There is no ban for unauthorized employment, so you don't need any waiver.
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    Never Registered for Selective Service

    It's actually 26th birthday, not 27th birthday.
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    First U.S. Passport for my child and marriage certificate

    However, the child needs to be in your legal and physical custody, and USCIS considers a child living with biological parents who are married to each other as being in their legal custody. If you don't have that, you need some other evidence of legal custody.
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