lostandscared
05-13 04:48 PM
Hi,
I was among those randomly selected for further processing in the Diversity Immigrant Visa (DV) program for the fiscal year 2010. Since I currently reside in the U.S., I filed Form I-485 ("Application to Register Permanent Residence or Adjust Status"). Upon having my biometrics taken, I had an interview with an Immigration Service Officer at a U.S. Citizenship and Immigration Services (USCIS) office. Because of a misunderstanding, I failed to bring to this interview an original Form I-134 ("Affidavit of Support") from a sponsor. Please note that my parents and sibling recently became U.S. citizens and are willing and able to be sponsors.
At the end of the interview, I asked the Immigration Service Officer if I can provide Form I-134 after the fact and he answered no. He made it sound as though a person gets only one chance at an interview with an Immigration Service Officer. He gave me a sheet of paper that had the following ticked off:
"Your case is being held for file review to prepare a decision. You will be advised by mail as to a decision on your application. No additional information is necessary from you at this time, however, if upon further review, additional information or evidence is required, you will receive notice in the mail. Please respond to any request in a timely manner. Failure to do so will result in denial of your application Please allow 60 days from today's date before making an inquiry on your case."
Questions:
1. Is there a way I can provide Form I-134 after the fact? If so, how?
2. If my application is denied, can I appeal the decision? If so, what are the chances of winning such an appeal and still finish adjusting my status before the DV program for fiscal year 2010 ends?
Thank you in advance for all your time and assistance.
Best,
LostAndScared
I was among those randomly selected for further processing in the Diversity Immigrant Visa (DV) program for the fiscal year 2010. Since I currently reside in the U.S., I filed Form I-485 ("Application to Register Permanent Residence or Adjust Status"). Upon having my biometrics taken, I had an interview with an Immigration Service Officer at a U.S. Citizenship and Immigration Services (USCIS) office. Because of a misunderstanding, I failed to bring to this interview an original Form I-134 ("Affidavit of Support") from a sponsor. Please note that my parents and sibling recently became U.S. citizens and are willing and able to be sponsors.
At the end of the interview, I asked the Immigration Service Officer if I can provide Form I-134 after the fact and he answered no. He made it sound as though a person gets only one chance at an interview with an Immigration Service Officer. He gave me a sheet of paper that had the following ticked off:
"Your case is being held for file review to prepare a decision. You will be advised by mail as to a decision on your application. No additional information is necessary from you at this time, however, if upon further review, additional information or evidence is required, you will receive notice in the mail. Please respond to any request in a timely manner. Failure to do so will result in denial of your application Please allow 60 days from today's date before making an inquiry on your case."
Questions:
1. Is there a way I can provide Form I-134 after the fact? If so, how?
2. If my application is denied, can I appeal the decision? If so, what are the chances of winning such an appeal and still finish adjusting my status before the DV program for fiscal year 2010 ends?
Thank you in advance for all your time and assistance.
Best,
LostAndScared
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gk_2000
11-05 05:07 PM
It leaves out per-country limits for EB
prom2
07-26 08:28 PM
According to , just 1 receipt on Jul 26, no receipts on 25 and just 2 on 24...
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STAmisha
02-25 11:52 AM
thanks for the advice.
This is going to be my first H1 and please guide me overall what documents I need so that I will be ready
This is going to be my first H1 and please guide me overall what documents I need so that I will be ready
more...
indi0818
03-07 05:33 PM
Thanks immigration voice1. What was the reason for such a delay?
acepb
04-23 07:05 PM
this does clear it up a bit..thanks!
more...
gcpool
08-07 01:20 PM
How about filing writ of mandamus
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hineeta
05-22 03:17 PM
Hi,
Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):
My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, please...........help me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.
"Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.
You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "
Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):
My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, please...........help me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.
"Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.
You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "
more...
prom2
09-21 09:22 PM
Nebraska or Texas?
Congratulations !
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harsh
01-05 11:13 AM
I posted my comments too on cnn concentrating on EB relief.
more...
learning01
02-19 09:24 PM
I am yet to read the details. For the benefit of members here can you post an abstract of the link here? Then we can take it from there. Thanks.
'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
By Marc R. Rosenblum
Migration Policy Institute, MPI Policy Brief No. 13, January 2006
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf
'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
By Marc R. Rosenblum
Migration Policy Institute, MPI Policy Brief No. 13, January 2006
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf
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MlechnyPut
09-27 02:57 AM
my e-mail is not blocked. write how you want.
If again will fail, then use alternative communicate ICQ 38791573 or design2001@mail.ru
If again will fail, then use alternative communicate ICQ 38791573 or design2001@mail.ru
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Blog Feeds
09-08 09:50 AM
AILA Leadership Has Just Posted the Following:
Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page (http://www.homelandsecuritydialogue.org/dialogue2/ideas) you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS.
Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: "Smart and Tough Enforcement of Immigration Laws - Ideas." (http://www.homelandsecuritydialogue.org/dialogue2/immigration) I invite all AILA members to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed "enforcement" whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.https://blogger.googleusercontent.com/tracker/186823568153827945-8252864317741860630?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/have-you-given-your-input-to-dhs-yet.html)
Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page (http://www.homelandsecuritydialogue.org/dialogue2/ideas) you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS.
Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: "Smart and Tough Enforcement of Immigration Laws - Ideas." (http://www.homelandsecuritydialogue.org/dialogue2/immigration) I invite all AILA members to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed "enforcement" whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.https://blogger.googleusercontent.com/tracker/186823568153827945-8252864317741860630?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/have-you-given-your-input-to-dhs-yet.html)
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theshiningsun
07-31 04:11 AM
hi attorneys,
which visa can someone apply for it s/he intends to work as a caterer?
is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?
thx in advance,
which visa can someone apply for it s/he intends to work as a caterer?
is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?
thx in advance,
more...
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desi3933
01-03 03:53 PM
Hi people, I am currently applying change of status from H1 to F1. Since my PERM got audit, and my h1 visa is going to expire in the end of January 2009, I need to change my status to F1 student visa in order to stay in the U.S legally. Now, I am trying to fill out the form I-539 by myself, and I got confused on:
part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
Can anyone help me to answer that? Thanks a lot!!!
>> Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?
The answer should be Yes.
Good Luck.
__________________________
Not a legal advice.
US Citizen of Indian Origin
part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
Can anyone help me to answer that? Thanks a lot!!!
>> Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?
The answer should be Yes.
Good Luck.
__________________________
Not a legal advice.
US Citizen of Indian Origin
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martinvisalaw
08-17 07:26 PM
I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.
Not true. There is no limit, except that eventually US immigration may decide that the person has relinquished their permanent residence if they stay outside the US for many years.
Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?
No, the first 2 are for 2 years each, and then one year at a time. Again, CIS will eventually question whether the applicants really intend to return here.
Not true. There is no limit, except that eventually US immigration may decide that the person has relinquished their permanent residence if they stay outside the US for many years.
Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?
No, the first 2 are for 2 years each, and then one year at a time. Again, CIS will eventually question whether the applicants really intend to return here.
more...
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chanduv23
10-16 12:46 PM
^^^^^^^^
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08-25 01:23 AM
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cagedcactus
08-24 04:14 PM
This must be the worst immigrant experience I have heard.
I am sorry to hear that you have to go through this. You must approach social workers' group in your local area. They will help you get proper treatment from reliable sources, and they will also appoint you a lawyer if you cant afford one.
Dont let that loser off the hook. Despite of all emotions involved in this case, go after him hard and square. Make him pay for what he did to your daughter.
I dont know about your GC process, for which consulting an immigration lawyer is the best thing to do, right now you have a much important issue at hand than just a green card.
I am sorry to hear that you have to go through this. You must approach social workers' group in your local area. They will help you get proper treatment from reliable sources, and they will also appoint you a lawyer if you cant afford one.
Dont let that loser off the hook. Despite of all emotions involved in this case, go after him hard and square. Make him pay for what he did to your daughter.
I dont know about your GC process, for which consulting an immigration lawyer is the best thing to do, right now you have a much important issue at hand than just a green card.
virtual55
02-24 01:34 PM
Congrats man, but I think it is better to close this thread, before some anti folks make this a big issue.
Atleast change the Title.
Congrats man and all the best, if i were you i will just keep quiet and not advertise this, atleast you are safe for next 3 years :D you dont want anyone now digging to bring your case back to limelight to reject it. so just be quiet...
Atleast change the Title.
Congrats man and all the best, if i were you i will just keep quiet and not advertise this, atleast you are safe for next 3 years :D you dont want anyone now digging to bring your case back to limelight to reject it. so just be quiet...
GC_1000Watt
03-30 03:12 PM
Hi,
I am working under H1B visa and got married December last year. My wife applied for her H4 visa this month and when she got to the embassy for the interview, the consul checked and commented on the font size of her address in our marriage certificate. She said it was smaller than my address (well, she got a longer address before we got married, maybe that is why the census made it smaller) and said to my wife that it needs verification. The embassy then took all documents (her passport, our original marriage cert, etc.) and said they will call her when she needs to return for interview again.
Has anyone of you experience this? If so, any ideas how long it takes for them to call? BTW I'm Filipino. Thank you guys and God bless
I guess you should be fine once they gets satisfied with cross checking.
By the way can you please tell me in short the procedure you followed to have your wife attend H4 visa interview.
Thanks!
I am working under H1B visa and got married December last year. My wife applied for her H4 visa this month and when she got to the embassy for the interview, the consul checked and commented on the font size of her address in our marriage certificate. She said it was smaller than my address (well, she got a longer address before we got married, maybe that is why the census made it smaller) and said to my wife that it needs verification. The embassy then took all documents (her passport, our original marriage cert, etc.) and said they will call her when she needs to return for interview again.
Has anyone of you experience this? If so, any ideas how long it takes for them to call? BTW I'm Filipino. Thank you guys and God bless
I guess you should be fine once they gets satisfied with cross checking.
By the way can you please tell me in short the procedure you followed to have your wife attend H4 visa interview.
Thanks!
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