biggish data

US citizen child

my sons has a Phil passport and just recently has his Us passport thru crba. Do i need to get travel consent from father?since my son has a us passport?

Still NO, he is a Philippine Citizen leaving the Philippines under Philippine Law.

Bob 4 Anna

Male

Philippines

2011-08-05 09:01:00

US citizen child

Country specific answer: NO you don't need it.

Since you are K-1 that means your child was born out of wedlock. In the Philippines you have sole parental authority over the child and do not need anyone's consent to travel internationally with him.

Bob 4 Anna

Male

Philippines

2011-08-05 08:39:00

i have a complicated question.

You really haven't given enough information.

What are you trying to accomplish?

How is the mother causing you trouble?

Edited by Bob 4 Anna, 31 August 2011 - 12:28 PM.

Bob 4 Anna

Male

Philippines

2011-08-31 12:27:00

Citizenship denied for lack of good moral character

My application was denied without prejudice and base on what the first attorney said, your previous denial does not affect your new application as each application is determined for its own merits. There is a 3 yrs statutory period to wait before re-apply but it's just a suggestion/recommendation, according to him. You can re-apply at anytime if you want to.

Have you read the links I provided? According to USCIS's own guide for the N-400 if you are denied the denial notice will include a date that you can re-apply. It doesn't even hint at that date being "just a recommendation". Ask the lawyer to show you where he gets that it is just a recommendation.

FWIW, at naturalization your whole USCIS Casefile comes into play, if they find contradictions between greencard application and ROC or N-400 then they can charge you with Misrepresentation on the earlier forms and revoke your status.

Lawyers love to stretch the law and create new precedent, unfortunately it's usually at the expense and hardship of their clients who get dragged through years of misery as they get hit with loss after loss and live in fear of failure in the end.

What I'm really saying is that nobody has as much on the line as you do so while the lawyer is confident you might want to consider what is the safest course of action even if it is less expedient.

I'm always amazed at how carefree some people take immigration matters (no saying you are). They just don't treat it like the life altering situation it can be and then in the end thye act like it's someone else's fault when they don't make good (safe) decisions and the outcome tears them away from the life they have built here.

Think of your current situation like this:

USCIS has a gun to you head but promises to not pull the trigger if you just walk out the door and don't return for 3 years.

The lawyer says, "I'm confident that USCIS can't legally pull the trigger today". Sounds good, right?

Now you have the USCIS "Rule of Engagement" Manual in you hands which clearly states that USCIS has the authority to pull the trigger.

Tell me, would you trust the lawyer or return in 3 years?

Bob 4 Anna

Male

Philippines

2011-09-18 08:31:00

Citizenship denied for lack of good moral character

That would be a discussion between me and the lawer. Any attorney has a fee and any client has his own terms and conditions regarding the fees if he decides to hire an attorney. However, no decision has been made yet.

I'm not saying otherwise but remember you're the one risking your LPR Status if a second application when you're clearly not eligible causes other unforeseen negative consequences. Even if it was a mistake, you did misrepresent a material fact on your original N-400 and you are lucky they only denied you. So the stakes are pretty high for you.

Now you have a lawyer who is telling you something that contradicts what USCIS says about your eligibility to re-apply. If it was me I'd be telling the Lawyer to "put his money where his mouth is". At the very least I'd expect him to cover all expenses if the new application fails, that includes filing fees and attorney fees for every step including defending me in immigration court if my LPR status is revoked as a result of following his advice. Then you'll find out how confident he really is.

I know the plan is to explain at the interview how the previous answers were a mistake but as I've pointed out USCIS can simply deny your application without an interview because you aren't eligible to even apply currently. If that happens and you file an appeal you won't succeed there either because you don't have grounds to appeal when you weren't eligible to apply in the first place so the decision is valid.

All I'm saying is don't lose sight of the fact that re-applying can go horribly wrong....

Bob 4 Anna

Male

Philippines

2011-09-17 08:05:00

IMBRA Special Topics

AWA: 3 years married, no greencard yet

Frankly, my biggest consern about leaving kids with him, besides broken heart, is that another law will come to live when they will say that ex sex offenders can't have kids now and they will be taken to a foster family. I know, that sounds crazy, but a few years ago AWA the way it applies to immigration would sound like crazyness. Like, guy who spent 21 month for a crime 16 years ago can't petition for his foreigh wife?? Well, he can, but good luck to be approved.

That isn't so crazy a fear, in California unless you have legal documents specifically allowing someone convicted of a sex offense can't live with their own kids.

With some of the recent posts it sounds like USCIS is trying to adjudicate AWA Cases based on the merits of each case.

I really wish all of you guys the best in your petitions.

Bob 4 Anna

Male

Philippines

2010-05-22 17:58:00

IMBRA Special Topics

I-129F Denied due to AWA

CR-1 removes IMBRA but this is AWA which is a different creature all together and remains in force for CR/IR Visas.

Edited by Bob 4 Anna, 17 February 2011 - 07:11 PM.

Bob 4 Anna

Male

Philippines

2011-02-17 19:11:00

IMBRA Special Topics

Proof needed for Adam Walsh act?

Agreed if you are from Canada why not petition him to Canada? I would guess its much easier since they dont have AWA

But Canada does have rules blocking entry for persons with many convictions including DUI & most things covered by AWA!

Bob 4 Anna

Male

Philippines

2012-06-29 22:21:00

USICS Chicago experiences

I think your question really is "Has anyone on a VWP Overstay had AOS approved within that last 60 days through the USCIS Chicago Office?"

Bob 4 Anna

Male

Philippines

2010-10-31 14:16:00

Not sure that it "never matters"--generally minors are protected from some consequences that adults would face. Minors aren't supposed to be liable for fraud committed by others, for instance, and they don't accrue unlawful presence for the 3 year/10 year bars until they turn 18.

Agree that you should always triple-check though!

Yep, it's good that USCIS allows Minors that 6 month window after turning 18 to get out of dodge before accruing illegal presence but as I've already pointed out there are several now adults who have lifetime bans for false claim to US Citizenship due to an adult using someone else's passport or claiming the minor was a US Citizen to get them into the country.

As for the "Never Matters" comment, even if USCIS makes a mistake it is our burden to prove USCIS did. WHile much smaller is magnitude we recently had to submit I-90s for both our little guys because someone at USCIS messed-up their names on the Greencards. We had to submit proof of USCIS's mistake even though USCIS's own records would show the mistake.

i send a letter to the uscis on nebraska with correction and copy of Notice of action with receipt number becasue guy on NCSC told me to do that so i think its gonna be ok

I hope you kept a copy of the letter and shipped it using Priority Mail so it can be tracked, I would also recommend you follow-up a coupel of weeks after they receive the letter to confirm they've matched it to your casefile.

Good luck, please let us know how this turns out.

Bob 4 Anna

Male

Philippines

2012-05-07 10:25:00

I agree, utmost care is always the best policy! What a terrible case you're describing. It doesn't sound like that was the right outcome.

It never matters who made the mistake in immigration cases, the burden to undo or overcome it always fall on the smallest guy in the process which is the immigrant. For this reason we should always not only triple check our own work but immediately verify anything we receive from USCIS/DOS etc for accuracy and when errors are found notify them in a manner that can be tracked/verified later if need be.

Regarding the OP, I would hope that since the error should be obvious and they are planning to report it as soon a possible it won't be an issue for them.

Edited by Bob 4 Anna, 07 May 2012 - 10:18 AM.

Bob 4 Anna

Male

Philippines

2012-05-06 16:35:00

I think this is extraordinarily unlikely. Since USCs don't file petitions for re-entry permits, it was obviously an inadvertent error. Claiming US citizenship is a problem when the alien is trying to seek some benefit reserved for US citizens only, such as voting or gaining a US passport. There wasn't any fraudulent intent here since claiming US citizenship would actually result in denial of the re-entry permit, not give the alien benefits he isn't entitled to.

I didn't say how likely it was, just that it is a possibility. I don't remember anywhere seeing that there has to be fraudulent intent on the part of the alien.

In fact I would argue that there doesn't have to be as I've seen cases where an adult made the false claim for a child who didn't even know at the time and that child (now an adult) is banned for life without possibility of a waiver.

Anyway the point of my post was that we should be more careful with these forms.

Bob 4 Anna

Male

Philippines

2012-05-06 16:13:00