Back in 2007 I started dating my now ex husband back in high school. In 2010 we got married, we were 18 at the time. The Process was estressful because the IO thought we got married for the papers, we had 30 days to prove it was a bonafide marriage, we hired a lawyer, sent the proof, waited for a long time, finally got the permanent green card after 2 years. A month after he left, he said wasn't happy anymore, we didn't get a divorce but 5 months later I met someone, and then 3 months after I got pregnant, my ex and I ended up getting a divorce in December 2016. Could they use it against me applying now for my citizenship after being a resident for 5 years? Could they use that they thought it was fraud before (even though it was proven otherwise) against me because of everything that happened after(us separating, him leaving, me getting pregnant)?
Watch the Video on this FAQ: Denial of naturalization/citizenship applications - the new trend
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. <br>
Current Situation:<br>
Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).
<br>1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?<br>
2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?<br>
3. What happens to my assets (personal stuff, bank accounts, etc) in US?<br>
4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?
Video Transcript
1. Not until a notice of intent to revoke is sent.
2. This case is going back to USCIS.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.
Acting Secretary of Homeland Security Elaine Duke has determined that conditions in Sudan no longer support its designation for Temporary Protected Status (TPS) after reviewing country conditions, and after Department of Homeland Security (DHS) officials’ consultations with the appropriate U.S. government agencies. Acting Secretary Duke is extending benefits for beneficiaries of Sudan TPS for 12 months to allow for an orderly transition before the designation terminates on Nov. 2, 2018.
We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. <br>
1) Is this true?<br>
2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?
True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.<br>
If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems?
Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)
Video Transcript:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
U.S. Citizenship and Immigration Services (USCIS) is no longer accepting petitions from U. S. employers seeking to hire temporary nonagricultural workers under the one-time increase to the Fiscal Year (FY) 2017 H-2B cap announced in July.
For the first time, in May, Congress delegated its authority to the Secretary of Homeland Security to increase the number of temporary nonagricultural work visas available to U.S. employers through FY 2017.
On Sept. 5, 2017, the Department of Homeland Security (DHS) initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA).
Beginning Sept. 18, 2017, employers must use Form I-9, Employment Eligibility Verification, with revision date 07/17/17 N, to verify the identity and work eligibility of every new employee hired after Nov. 6, 1986, or for the reverification of expiring employment authorization of current employees (if applicable).
Discussion Topics, Sept 21, 2017
EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has awarded nearly $10 million in grants to 45 public and private non-profit organizations across the country to help lawful permanent residents prepare for naturalization.
I-485 Pending Inventory has been updated for the month of January 2014.
The processing times has been updated for PERM and NPWC. Please check the links below.
The Atlanta NPC Team will implement the following plan to induct applications filed into Audit Review and tag cases for possible Supervised Recruitment. This version of the plan has identified 8 criterions that specify types of cases that will be targeted for Audit Review and tagged for possible Supervised Recruitment.
This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year's increase in prices as measured by the Consumer Price Index.
What the Visa Expiration Date Means
As part of its form improvements initiative, USCIS is releasing a revised Form N-400, Application for Naturalization. Through the Federal Register, USCIS received numerous comments from the public that helped inform this revision.
Rajiv Ji, Glad to inform you that we got our GCs couple weeks ago. It has been a pleasure working with your office for almost 11 years now. I sincerely thank Rajiv Khanna and Prerna Mehta for their excellent support and prompt turnaround with the queries and process related documentation for getting our Green Cards.