Are you a US citizen by birth or were you a US citizen when your children were born? Is the children’s mother a US citizen? Hoe long did you live in the US before they were born? What passport did the children use regardless of their age when they entered the US? If they acquired US citizenship...
Early last year, I had my own federal case and so I recall reading a bunch of cases with delayed/denied citizenship and this case was a part of that. It was not particularly relevant to me so I didn't keep the citation. But in general, the materiality standard in immigration law is governed by...
You maybe right about B1/B2 not sure but I recall reading a federal case where someone claimed to be single for a DV visa and then claimed to be married back home during N400. They were able to win the denial under a 1421c federal appeal because the lawyer argued that being married is not a bar...
That’s pure BS. First of all, if you are leaving the USA the airline agents job is to see if you have a valid document to enter the destination country and NOT for coming back. What if someone didn’t want to comeback? Also a I-551 stamp or a MRIV (like you have) is valid for re-entry until the...
That’s what I thought...it shouldn’t be merely a checkbox. The name of the spouse must be included since the same applies to I-485 and N-400. A box check could be a genuine mistake but If someone fudged the name of the spouse that would be misrepresention. Now whether it is material or not would...
I hope you got your decision. Congrats on your approval. You made in the the nick of time considering the new rules and the upcoming furlough. Make sure you apply for your GC on time - 12 months from approval date.
It’s one thing to prove that you’re married or divorced but proving that you were never married is quite tricky as I’m not sure if there is any central DB of marriages in US or abroad. Perhaps affidavits from your close relatives and one from you that you made a mistake? Did the agent fill out...
USCIS does not have jurisdiction to process your I-485 if you are in removal proceedings. I think the steps are:
1. File and get I-130 approved
2. Based on the approved I-130 ask your attorney to administratively close your removal proceedings and then file I-485 with USCIS.
OR
3. You can ask...
Asylees with green cards use RPs and RTDs all the time in lieu of passports since they cannot get one or do not want to use it. It takes 3-4 months to get a RP and needs visas for most countries. Also some countries do not allow entry on RP. Check the Asylum forum which has a thread for travel...
The only similarity is that in both cases you are suing USCIS and DHS in your local federal court. The content of the lawsuit and statutes are different. It would be sort of similar to a citizenship lawsuit where no interview has occurred for a long time. Just google immigration writ of...
No, if naturalization is delayed for more than 120 days after the interview, you file a lawsuit under 8 USC 1447(b) asking the federal judge to naturalize you or order the USCIS to adjudicate your application in a specific time usually 30 days. A federal judge cannot grant you a green card so he...
If its pending for a long time (typically 1.5 to 2 years) you can file a writ of mandamus to make USCIS process the application faster. The writ is filed under 28 USC 1361 and federal questions act 28 USC 1331. You can also invoke the APA. Read this thread, there are many old posts about this...
Usually parking tickets or minor traffic violations will not affect citizenship. Right now the processing time of N400 is pretty long due to covid. If I were you, I would apply and say "yes" to the citation question. Then you should have enough time to get the parking tickets resolved. Once you...
if they were “booked” then there should be a record of that I suppose. Now if they do not know what state/county/city this happened in, it may be a challenge.
I would not classify this as an “arrest”. It mostly sounds like a detention. Were they put in handcuffs? If there are no charges filed there is likely no record of the incident. Cops detain people all the time and ask them questions (interview). You can just type ”Yes” and explain the situation...
Just say self employed (uber/Lyft). This question gets asked again and again. They are mainly trying to assess your physical presence as unemployment is not a bar for naturalization. So write whatever makes sense and if asked you can clarify during the interview. I haven’t heard of any officer...
Yes many people did this by themselves. You can also do it by yourself and get a lawyer at a later stage if the government decides to fight the case instead of just naturalizing you or issuing your green card. In fact right now the rumor is that green cards are on hold/lower priority as USCIS...
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