Discussion Topics, Thursday, March 31, 2022:
FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa
Discussion Topics:
FAQ: Consular processing employment-based green card with a job offer from a different employer
Discussion Topics, Jan 20, 2022 FAQs:
1. EB-1B for postdoctoral holder after a gap of several years in career 2. Date of birth and name corrections in birth certificate 3. COVID-19 delays in tourist/visitor extensions for B-2 holding parent and applying for their green card
I am posting on this thread, because it seems to be more active than the thread I originally posted on, and this is a more specific thread to my case (thank you OP). Here is my entire timeline:
FRI MAR 13 2015 ----- Sent I-130 Package VIA USPS Priority Mail Express To Phoenix, AZ
FAQ: Converting from B visa to any other status such as H-1B, etc.
FAQs: Do Canadian citizens need US visas? Canadian citizenship and F-1 Exploring permanent work and stay options in the U.S. for Canadian Permanent Resident Preparing for birth certificate issues in USCIS applications: Affidavits, DNA tests, and timing considerations H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries Paystub requirement for H-1B transfer eligibility: Is it mandatory? Delays in marriage-based immigrant visa processing: Expedite options and travel issues
[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Rules and Regulations]
[Pages 76032-76035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31175]
-----------------------------------------
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 7706]
RIN 1400-AC57
Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State.
ACTION: Final rule.
General Information
Important Announcement: The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions as of January 1, 2012.
This rule adopts as final the interim final rule published in the Federal Register on June 28, 2010 (Public Notice 7068). Specifically, the rule made changes to the Schedule of Fees for Consular Services (Schedule) for a number of different fees. This rulemaking adopts as final the changes to these fees.
Please check the attachment to see the consular fees.
[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18907-18914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7569]
Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules
and Regulations
[[Page 18907]]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 22 and 42
[Public Notice 7835]
RIN 1400-AD06
My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.
He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.
What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?
Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.
Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.