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Question: I have a question about my case. My mom got her green card in 2015 through my elder sister who is American. Then in feb 2016 my mom filed for me when I was 21 and single. We looked on the immigration status page and it says my application was approved in july, but my mom says she still did not get the approval. She moved once last year but she called the immigration number and gave them her new address and they said that was fine. We want to know what the next step is and how will we know what we need to do now. Thanks for your advice.
In a recent report by the London Times, a Scottish Citizen studying at the University of Massachusetts returning from Dublin airport to Boston was denied entry after immigration officials searched his cell phone and found pictures of him smoking marijuana back in 2015! According to the report, the student was denied boarding on the plane in Dublin until he allowed immigration agents to inspect his phone, which included photos of him smoking what appeared to be marijuana when he was in high school in 2015.
When questioned about whether he had every smoked marijuana he was apparently honest and confirmed that he had smoked pot way back in 2015 and that he regretted it.
Beware - Your Cell Phone Pics Can Get You Denied Entry Into The U.S.!
AMERICAN IMMIGRATION
LAW CENTERS
Immigration Questions: (954) 382-5378
POSTING DATE: September 7, 2020
Answer: Since your case was approved in July, your mom needs to call the USCIS at 1 (800) 375-5283 and explain that the USCIS online case status shows the case was approved in July and she has not received the approval notice. Once a case is approved, the USCIS makes you wait 30 days before taking an inquiry. In your case, its past the 30 days. Have your mom ask for a duplicate approval notice to be sent to her and have her verify the address. Let me just note that when an immigrant or petitioner moves, it's always best to file a change of address online so that you get a confirmation number and email (which should be printed out and kept) and have proof that you notified the USCIS in a timely manner. That way, if they send an approval or notice to an old address, it is their fault and not yours.
As to what happens next in your case, since your priority date (the date the I-130 was filed for you) is July 2016 and you are the single adult child of a U.S. resident (green card holder) you are in the F2B Immigration category. The Visa Bulletin which is published each month by the State Department gives the dates for each immigration category. For the F2B category, there are only visas currently available for I-130 applications filed in July of 2015. Since your case was filed in February 2016, there would be another seven months or more to wait in line. However, the October Visa Bulletin will be coming out soon and it may show that you have less time to wait. While your mom is waiting for a duplicate approval notice for your case, she can call the National Visa Center (NVC) and give them the case number and confirm that the USCIS has sent them your file. Once they have your file, you no longer need the approval notice itself (although it is always nice to have). Have her confirm her mailing and email address so that the NVC can contact her to begin consular processing when the time comes. NVC telephone: (603) 334-0700. 7:00 a.m. to 12:00 midnight EST. I hope this is helpful to you. Let me know if you want me to take care of your consular processing.
Quick Overview of Dual U.S. Citizenship
Dual citizenship refers to individuals who hold the nationality of two different countries at the same time. This allows them to travel frequently between countries without the need for a visa, and without time limits on their stay in either country, as well as the right to vote in both countries. The downside is that many countries like the U.S. require citizens to pay taxes on worldwide income, making U.S. Citizenship an expensive proposition for the very wealthy.
ICE Cracks Down On F-1 Students On
Optional Practical Training Who Are Unemployed
International students who have graduated from a qualifying U.S. college with an Associates, Bachelor’s, Master’s, or PhD degree receive a work permit under a program called “Optional Practical Training” or OPT, which allows them to work in their field of study for a period of time. Most students receive 12 months, but those who graduate from STEM programs (Science, Technology, Engineering and Math) receive an additional 24 months.
Students who obtain OPT work permits are only permitted to work in their field of endeavor related to their degrees and cannot be unemployed for more than 90 days and those on stem for an additional 60 days. Students who remain unemployed past the limit are no longer considered to be maintaining legal immigration status and would be expected to either re-enroll in a new academic program or leave the U.S. after a grace period.
With All Trump’s Immigration Restrictions, You Can Still Own And Operate
Your Own U.S. Business With The E-2 Investor Visa
Seems like every few weeks Trump is banning something to do with immigration. In fact, immigration filings have gone down about 50% in the past year. And while many other immigration categories have been restricted or put on hold, the E-2 Investor Visa remains alive and well!
Reminder: You Have An Additional Sixty Days
To Respond To USCIS Notices Due To Covid-19
However his “admission” was all the officer needed to cancel his visa and deny him admission to the U.S.. The student, Archie Brydon could never have imagined that old photos would cost him his student visa and perhaps his opportunity to ever come to the U.S. again in the future. This scenario is becoming more and more common in Trump’s America, where even legal immigration is discouraged and often denied. Would it have mattered if Archie had not been honest and instead said that he was smoking a cigarette and not pot? Maybe not, since these days immigration border agents are encouraged to scrutinize foreign nationals and identify any issues which may make them “inadmissible” to the U.S., for instance those who may intend to work or live here without authorization. So, let this be a lesson, be careful what photos and texts you save to your phone when going through inspections – U.S. immigration is watching!
Now that Covid-19 is upon us and many U.S. businesses have either closed or had layoffs, large numbers of students on OPT have found themselves out of a job and unable to find work in their field. For instance, an accounting degree graduate would be expected to work in the field of accounting or finance, but not as a waiter or Uber driver. In the past, unless a student on OPT was returning to the U.S. from travel abroad, U.S. officials did not check on each student’s employment status to confirm employment in their field of study. However recently, the Customs and Border Enforcement (ICE) agency which oversees international students issued an advisory to students that they are required to update their current OPT employment information in the college Student and Exchange Visitor Information System (SEVIS). Those who have no employment information will be deemed to be unemployed and could have their student visa status “terminated”.
The ICE notice, entitled, “Failure to Report Employment While on Optional Practical Training,” advises students to immediately update employment status or risk losing OPT program status. Students on OPT who have exceeded unemployment limits or who are working in jobs which are not authorized under the OPT program should strongly consider obtaining a new I-20 for a new academic program in order to continue to maintain legal status.
Let’s face it, life has gotten a whole lot more complicated lately as a result of Covid-19. Routine activities in our daily lives have been altered or restricted and everything takes longer, including getting appointments and obtaining documents. And for those going through the immigration process, responding to a simple request from the USCIS can be a very difficult, if not impossible task right now.
Immigrants who require civil documents from their home country, like certified birth and other certificates find them impossible to obtain due to office closures and reduced services. As a result, documents which would normally only take a few weeks to obtain may not be available for many, many months.
As a result of such delays, the USCIS has extended the time allowed for applicants and petitioners to respond to letters and notices issued by the agency on pending cases. Under the new extension policy, an additional 60 calendar days from the deadline date will be given to submit a response to a request or notice issued from March 1st through September 11, 2020, which may be extended in the following months.
The additional 60 days applies to:
Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings and
Filing date requirements for Form I-290B, Notice of Appeal or Motion.
It is important to note, that responses must be received on or before the deadline, not just postmarked by the deadline date. Also, responses to request for additional evidence should always be mailed in one package, not in multiple response filings, since once the USCIS receives the first response, the officer will usually make a decision based upon that response, not no anything received later. Finally, always send responses, appeals, motions via fed-ex or another mail service, overnight.
Question: I want to know about my daughter getting her citizenship. Both of us got our green cards 4 years ago when I married my husband. Is it true I can file for naturalization early since my husband is a us citizen? I read in the application about listing all my kids, so my question is can my daughter get her citizenship along with me since I am applying now while she is still 17?
Answer: Since you have been married to a U.S. Citizen for at least three years and you have had your U.S. residency (green card) for at least 2 years and 9 months) you are eligible to file for your early naturalization. The Child Citizenship Act of 2000 (CSPA) allows U.S. Resident children who are under age 18 to automatically obtain U.S. Citizenship when a biological parent Naturalizes. However, it’s important to know that qualifying children must be under age 18 at the time their parent actually naturalizes (takes the Oath), not the date the parent files for Naturalization. So, the fact that she is 17 now will not guarantee that she will actually obtain automatic citizenship unless you have both your naturalization interview and swearing in before she turns 18. If you go to your naturalization interview while your daughter is still age 17 and all goes well, make sure and let the officer know the date that she will be turning age 18 and ask if the officer can expedite scheduling of your Naturalization Swearing In ceremony. In some cases, they will do that and it never hurts to ask!
Question: I have been in the U.S. for the last 22 years. I came on a work visa then it ended and I never returned home. I had my daughter 21 years ago and she was born her and is an American citizen. He turned 21 earlier this year but we didn’t file my papers because of finances, but now the filing fees are going to double so I know I have to do something fast before they go up. The problem is that she is in college partime and only works only 20 hours per week and doesn’t make enough money for the financial affidavit. I make more and support her but I work under the table. So my question is can I use my income to show that I support the both of us and still qualify? What else can I do?
Answer: That is a great question. For background, most U.S. Residents and Citizens who sponsor a foreign relative, including a parent, are required to submit an Affidavit of Support (Form I-864) to prove that the sponsor makes enough income to support their immigrating relative. In cases where the sponsor’s income does not meet the requirements, a U.S. Resident or Citizen can be used as a “Joint-Sponsor” whose income does qualify. The income of the immigrant can be considered as long as he or she is working legally and has work authorization. Unfortunately, since you do not have a legal work permit, you are not considered as working legally, so your income cannot be considered as part of the financial affidavit, even though you support both yourself and your daughter. But don’t worry, as long as you have a relative or friend who is a U.S. citizen or resident to be the joint sponsor, you will still qualify. If you can’t find a joint sponsor who makes enough income now, it’s best for us to file your case to get it in before the filing fees increase, then we will receive a request from the USCIS later for you to provide a joint sponsor and we will prepare the joint sponsor Affidavit of Support at that time.
Many individuals world-wide dream of living in America and owning their own U.S. business. However, most immigrants have little knowledge of how to make their dream possible. There are several visa options available including investing over a million dollars (through the EB-5 green card program) or transferring from a company abroad to a U.S. subsidiary (through the L visa), but most are unaware of the most convenient and cost efficient option, called the E-2 Treaty Investor Visa. The E-2 is the perfect choice for many foreign investors who want to open a new business or buy an existing one in the U.S.. For qualifying investors, the E-2 is a low cost alternative to other investment type visas, and it allows both the Investor and their immediate family members to live, work and attend school in the U.S., while operating their own business. Another great benefit is that spouses can obtain work authorization.
A successful E-2 visa can be approved from two up to five years (perpetually renewable) by investing around $100,000 or more in your own business. A wide range of business types qualify under the E-2, including start-up, franchises and existing businesses. One of the only few requirements is that the business enterprise must be operated from a commercial location (not a home) and it must create new jobs or preserve the jobs of existing employees. However, not all business types qualify, specifically because some investments, like those in real estate do not generate jobs. To qualify, an investor must be a national of one of the treaty countries on the State Department list that has an E-2 treaty with the U.S.. Dual nationality qualifies as well, for instance, where a national of Venezuela would not qualify, but if he or she holds a Spanish or Italian passport as well, would.
Countries which qualify for the coveted E-2 visa:
•Albania
Albania•Argentina
Argentina•Armenia
Armenia•Australia
Australia•Austria
Austria•Azerbaijan
Azerbaijan•Bahrain
Bahrain•Bangladesh
Bangladesh•Belgium
Belgium•Bosnia and Herzegovina
Bosnia and Herzegovina•Bulgaria
Bulgaria•Cameroon
Cameroon•Canada
Canada•Chile
Chile•China (Taiwan)
China (Taiwan)•Colombia
Colombia•Congo
Congo•Costa Rica
Costa Rica•Croatia
Croatia•Czech Republic
Czech Republic•Denmark (excluding Greenland)
Denmark (excluding Greenland)•Egypt
Egypt•Estonia
Estonia•Ethiopia
Ethiopia•Finland
Finland•France
France•Georgia
Georgia•Germany
Germany•Grenada
Grenada•Honduras
Honduras•Israel
Israel•Iran
Iran•Ireland
Ireland•Italy
Italy•Jamaica
Jamaica•Japan
Japan•Jordan
Jordan•Kazakhstan
Kazakhstan•South Korea
South Korea•Kosovo
Kosovo•Kyrgyzstan
Kyrgyzstan•Latvia
Latvia•Liberia
Liberia•Lithuania
Lithuania•Luxembourg
Luxembourg•Macedonia
Macedonia•Mexico
Mexico•Moldova
Moldova•Mongolia
Mongolia•Montenegro
Montenegro•Morocco
Morocco•New Zealand
New Zealand•Netherlands
Netherlands•Norway
Norway•Oman
Oman•Pakistan
Pakistan•Panama
Panama•Paraguay
Paraguay•Philippines
Philippines•Poland
Poland•Romania
Romania•Serbia
Serbia•Senegal
Senegal•Singapore Slovak Republic
Singapore Slovak Republic•Slovenia
Slovenia•Spain
Spain•Sri Lanka
Sri Lanka•Suriname
Suriname•Sweden
Sweden•Switzerland
Switzerland•Thailand
Thailand•Togo
Togo•Trinidad & Tobago
Trinidad & Tobago•Tunisia
Tunisia•Turkey
Turkey•Ukraine
Ukraine•United Kingdom
United KingdomThe rules governing dual citizenship vary depending upon the country, and can occur either automatically according to the current rules of the countries concerned, or by the choice of the individual. For example, a child born in a foreign country to U.S. citizen parents may be both a national of the country of birth, as well as a national of the U.S.. Similarly, an individual having one nationality at birth may later naturalize and become a citizen of another country.
It is important to note, however, that not all countries recognize dual citizenship, which usually means that nationals who obtain foreign citizenship in another country automatically lose citizenship in their birth country. This is the case for nationals of China and India and even Spain, which only permits dual nationality with certain Latin American countries.
Under U.S. law, American citizens are permitted to hold dual nationality with another country and are not required to surrender their citizenship in any other country, unless the other country requires them to do so. For example if a Jamaican national immigrates to the U.S. and later naturalizes and becomes a U.S. Citizen, he or she does not lose Jamaican nationality and is not required to surrender it, in order to obtain U.S. nationality. Naturalized U.S. Citizens will note that at the swearing in Oath Ceremony, they must pledge to renounce all allegiance and fidelity to a foreign country, however this does not apply to citizenship, unless it is required by the other country. Here is a list of countries, which do and do not recognize dual nationality:
Countries which specifically permit full or limited dual citizenship:
Albania
Algeria
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Barbados
Bangladesh
Belgium
Belize
Benin
Bolivia
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Egypt
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Israel
Italy
Jamaica
Kosovo
Latvia
Luxembourg
Malawi
Malta
Mexico
New Zealand
Nigeria
Norway
Pakistan
Panama
Peru
Philippines
Portugal
Romania
Serbia
Slovenia
South Africa
South Korea
Spain (only limited countries)
Sweden
Switzerland
Syria
Turkey
United Kingdom
United States
Vanuatu
Countries which do not permit dual citizenship:
Andorra
Azerbaijan
Bahamas
Bahrain
Belarus
Botswana
Bhutan
China
Cuba
Congo
Djibouti
Ethiopia
Haiti
India
Indonesia
Iran
Japan
Kazakhstan
Kuwait
Kyrgyzstan
Laos
Macau
Malaysia
Marshall Islands
Micronesia
Monaco
Mongolia
Mozambique
Myanmar
Nepal
North Korea
Oman
Papua New Guinea
Qatar
San Marino
Saudi Arabia
Singapore
Slovakia
Solomon Islands
Swaziland
Tajikistan
Thailand
Tonga
Turkmenistan
Ukraine
Uzbekistan
United Arab Emirates
Venezuela
Vietnam
Yemen
Zimbabwe