They can't just "prevent your re-entry". If they think you are inadmissible for any reason (I don't see any such reason), and you don't voluntarily sign to give up your green card, they have to refer you to removal proceedings in immigration court, before an immigration judge. If that happens...
1. No, a visitor is never "guaranteed" to be admitted for 6 months. The officer can also admit them for a shorter duration or deny them entry.
2. Technically, no
So will you be seeking to enter the US before or after you become a Canadian citizen?
Did you have a regular removal order? Or were you granted Voluntary Departure? Were you put into removal upon arrival? Or after you were already inside the US?
1. Correct
2. Up to you
3. Not sure what you mean by "at port of entry". You can't get a visa at a port of entry. If you leave the US, you would need an L2 visa to seek entry into L2 status (unless you are a Canadian citizen). There should be no problems getting an L2 visa at a consulate.
My opinion is that she can use her existing H4 visa, since that H4 visa was based on your H1b, and you are still on the same H1b, so the circumstances that she got the H4 for still apply.
When you say I-130, is this the I-130 that you immigrated on? Or is this an I-130 you used to petition your wife as principal beneficiary, and the kids are immigrating as her derivative beneficiaries?
In I-130 Part 1 item 2 (and probably a similar item on the online version), there are 4 options:
For your husband, either the second or fourth option will work, but the proof will be different. For stepparent, you just need the child's birth certificate and your marriage certificate (showing...
Seems like a pretty straightforward case. Your son can petition both of you when he turns 21, and you guys can do Adjustment of Status in the US since you guys entered legally. Your son can petition your husband either as a stepparent or as an adoptive parent. Both work.
As for the I-864...
Unlawful presence would only start counting from the date of the denial. If they leave within 180 days of the denial, they would not trigger the unlawful presence ban. However, they might issue an NTA 33 days after the denial, and being removed also triggers a ban, so it would be a good idea to...
The requirement is that your son needed to have "resided" in the US with you. There is no minimum duration to be considered "residing". It is a subjective determination that considers the character and duration of the stay. See 8 FAM 301.10-2(F)
The naturalization process for minors needed to have been completed (including oath, although you said it was waived if you were very young) before you turned 18. Since you are over 18, that process is dead if it was not completed before you turned 18.
I don't know what are the exact forms he...
If the airline won't board the child without a visa, or the country's exit controls won't let the child leave without a visa, then you would file and pay for form I-131A (not I-131) at a US consulate to get a boarding foil.
This is again relating to people who automatically acquired US citizenship under the CCA, not people who needed to apply for citizenship as minors, like you. You can only file N-600 if you are already a US citizen.
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