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U.S. Immigration Questions: Ask A U.S. Consular Officer - Travel (66) - Nairaland

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Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 6:20am On Mar 14, 2017
KodakWale1:
Good evening sir, I have an interview sometime this month for returning resident status I am a green card holder and I'm also 16 I have an SSN and my mom lived in the States with both documents I was outside the states for more than six years but it wasn't my fault and I tried so much to get in but I couldn't I was asked to bring a police report which I got and a hospital check up which I'll get I was also asked to get an affidavit of support which my mom in the states is filling out I was asked to bring pictures of me and my mom and a birth certificate which got burnt in a fire in a different country which I have the fire report.I've been for the first part of the interview a few months back which was approved just barely because I was a minor please sir is there a chance I'll get my returning status I really need to go back to school thank u God bless you

Honestly, I am having trouble understanding what you are asking. I know you are 16, but please consider using proper grammar and punctuation going forward. I count one period in the above remarks. I certainly am no grammar taskmaster, but it will be very helpful for people trying to help you. This advice is also for the general Nairaland population as I have noticed an overall degradation in the quality of the posts.

I think what you are saying is you have been out of the U.S. for the last several years. If so, you are actually not a green card holder as a green card, by law, is technically no longer valid if you have been out of the country for more than 365 consecutive days. Unfortunately, this is a common problem, especially among older relatives. You will need to prove that circumstances beyond your control kept you from returning to the United States for at least one day per year over the last six years. Your age is a mitigating factor, but it is not a waiver.

If your mother is an American citizen filing for you and you will be under the age of 18 before reaching the U.S., then you don't actually need an affidavit of support. Your mother would fill an I-864W which is an affidavit of support waiver. If she is not a U.S. citizen then she will have to file the normal affidavit of support.

On other documents, you will need a birth certificate. If you need to get a new one, that is fine. However, if the consular officer needs more evidence, he or she will request it, up to and including DNA, though that is never "required," per se.

The returning resident process can be long: you will need to apply for returning resident status, and if the consular officer approves your application, then you have to re-apply for an immigrant visa but without a new petition. The process can take several weeks to several months and is not guaranteed. If you don't meet the requirements of the returning resident application, your mother will need to start over with a new petition for you.

Regards,
VO

2 Likes

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by KodakWale1(m): 9:23pm On Mar 14, 2017
VisaOfficer:


Honestly, I am having trouble understanding what you are asking. I know you are 16, but please consider using proper grammar and punctuation going forward. I count one period in the above remarks. I certainly am no grammar taskmaster, but it will be very helpful for people trying to help you. This advice is also for the general Nairaland population as I have noticed an overall degradation in the quality of the posts.

I think what you are saying is you have been out of the U.S. for the last several years. If so, you are actually not a green card holder as a green card, by law, is technically no longer valid if you have been out of the country for more than 365 consecutive days. Unfortunately, this is a common problem, especially among older relatives. You will need to prove that circumstances beyond your control kept you from returning to the United States for at least one day per year over the last six years. Your age is a mitigating factor, but it is not a waiver.

If your mother is an American citizen filing for you and you will be under the age of 18 before reaching the U.S., then you don't actually need an affidavit of support. Your mother would fill an I-864W which is an affidavit of support waiver. If she is not a U.S. citizen then she will have to file the normal affidavit of support.

On other documents, you will need a birth certificate. If you need to get a new one, that is fine. However, if the consular officer needs more evidence, he or she will request it, up to and including DNA, though that is never "required," per se.

The returning resident process can be long: you will need to apply for returning resident status, and if the consular officer approves your application, then you have to re-apply for an immigrant visa but without a new petition. The process can take several weeks to several months and is not guaranteed. If you don't meet the requirements of the returning resident application, your mother will need to start over with a new petition for you.

Regards,
VO

Thank you very much Sir, I was actually nervous while typing the earlier text

My mom isn't a citizen yet so she'll have to fill that out also I was born in a different country which is quite far from Nigeria and I can't travel there now.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by dreypapi: 11:11pm On Mar 15, 2017
Hi VO,
I have a pending petition with priority date of 4th of Oct 2010 in a F1 category . My priority date has become current and I have still not receive any further instruction after payment reciept, affidavit of support and all other required form has been submitted.
What is likely to be the cause of delay?
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 6:10am On Mar 16, 2017
dreypapi:
Hi VO,
I have a pending petition with priority date of 4th of Oct 2010 in a F1 category . My priority date has become current and I have still not receive any further instruction after payment reciept, affidavit of support and all other required form has been submitted.
What is likely to be the cause of delay?

According to the most recent Visa Bulletin, your case is not yet current. F1 cases with a priority date earlier than June 1, 2010 are now current; yours is still several months away. Remember that even when your case becomes current, it can take another several weeks or months for us to receive the physical file. Until you have your interview with the Consulate, you should contact USCIS for further guidance.

For reference, the Visa Bulletin may be accessed here:
https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-march-2017.html

Regards,
VO

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 12:41pm On Mar 16, 2017
Visaofficer

The April bulletin is out and F1 date is in October now.
But as you said even when current it can take weeks or months for interviews to be set
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 12:57pm On Mar 16, 2017
Hello VO

How long does a visa process for an invitation takes from the day one applies in the embassy for it and possible date it should have been given?
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 12:58pm On Mar 16, 2017
salsera:
Visaofficer

The April bulletin is out and F1 date is in October now.
But as you said even when current it can take weeks or months for interviews to be set

As immigration policy is a matter of law, precision is required. The April 2017 bulletin is "upcoming" as of today. The current bulletin is still March 2017. While you can use the upcoming Visa Bulletin for planning purposes, it is not official until current. This is because Visa Bulletins are subject to change until officially published on the first calendar day of the month.

Second, "October" is not a date to be used for reconciling priority dates. The date for F1's is October 15, 2010. This means a priority date of October 15, 2010 or later (October 16, 2010 or November 1, 2012, for example) will not be current until a later bulletin.

I realize I may sound difficult but I am truthfully trying to help. The more precise you can be in your answers, the better the interview will go for you.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:26pm On Mar 16, 2017
Vorpal:


What's the duration of the process of being granted visa on an invitation basis?

I don't follow what you mean by "process." If you mean an invitation for a visitor (non-immigrant) visa, we do not require invitations and if you try to show one to a consular officer, you will more than likely undermine your credibility. If you get a visa, it is valid for two years. Note that these two years are not the amount of time you can spend in the U.S. The time you can spend in the U.S. is set by the immigration officer at the port of entry.

All of this is related to non-immigrant visas, of which this forum is not. For further clarification, please take your question to the non-immigrant visa forum.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 2:51pm On Mar 16, 2017
VisaOfficer:


As immigration policy is a matter of law, precision is required. The April 2017 bulletin is "upcoming" as of today. The current bulletin is still March 2017. While you can use the upcoming Visa Bulletin for planning purposes, it is not official until current. This is because Visa Bulletins are subject to change until officially published on the first calendar day of the month.

Second, "October" is not a date to be used for reconciling priority dates. The date for F1's is October 15, 2010. This means a priority date of October 15, 2010 or later (October 16, 2010 or November 1, 2012, for example) will not be current until a later bulletin.

I realize I may sound difficult but I am truthfully trying to help. The more precise you can be in your answers, the better the interview will go for you.

Regards,
VO

I understand you clearly. I get why the poster thought his PD was current anyways you've cleared that up.
I didn't put an actual day to October I mentioned simply because I couldn't remember if it was 10th or another day.

Thanks.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by chiomaus: 4:30pm On Mar 18, 2017
Hello, I've been living in Nigeria for about 6 years although I'm a U.S citizen. I just got married and I've moved back to the states, I would like to know the process to bring my husband to the U.S. im new to how the whole thing works. I know he's been denied US visa twice due to clerical errors.(missing passport/not filling out the form properly)
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by AdyBeks: 1:46am On Mar 19, 2017
Hello VO, good day. Please I would like to know if I can pay for my k1 visa fee and schedule an interview date prior to the arrival of my case from NVC? I already did my DS-160.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Rebmem1987: 5:25pm On Mar 19, 2017
Dear VO. Pls I will like to know if priority dates in CR1 visas are a determining factor as when your interview date can be set. My priority date is 06 May 2016, case number LGS2016757038
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by kelvdim(m): 12:03am On Mar 20, 2017
Hello VO
My interview was rescheduled from 10th April to 6th April.I received a call from the US embassy to that effect.I was expecting to receive a written document saying my interview has been officially brought forward?.pls I need a paper documentation for reference purposes.thanks
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:14am On Mar 20, 2017
AdyBeks:
Hello VO, good day. Please I would like to know if I can pay for my k1 visa fee and schedule an interview date prior to the arrival of my case from NVC? I already did my DS-160.

We prefer to have the physical case before you schedule an appointment. This is to ensure all of the paperwork is in order. If you have further questions, feel free to write LagosIV@state.gov.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:15am On Mar 20, 2017
kelvdim:
Hello VO
My interview was rescheduled from 10th April to 6th April.I received a call from the US embassy to that effect.I was expecting to receive a written document saying my interview has been officially brought forward?.pls I need a paper documentation for reference purposes.thanks

Write LagosIV@state.gov with your question. You will be able to use the email response as documentation.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:17am On Mar 20, 2017
Rebmem1987:
Dear VO. Pls I will like to know if priority dates in CR1 visas are a determining factor as when your interview date can be set. My priority date is 06 May 2016, case number LGS2016757038

Yes, the priority date on a CR1, and all visas, is used as a factor for the interview date. Unlike the family preference visa classes (F1, F2A, F2B, F3, F4) there is no limit on the number of CR1's which may be processed at any given time. However, the actual date is driven by capacity both here at the Consulate and in the U.S. Write USCIS for further clarification.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:18am On Mar 20, 2017
chiomaus:
Hello, I've been living in Nigeria for about 6 years although I'm a U.S citizen. I just got married and I've moved back to the states, I would like to know the process to bring my husband to the U.S. im new to how the whole thing works. I know he's been denied US visa twice due to clerical errors.(missing passport/not filling out the form properly)

There is plenty of information available on the Internet. You can also write USCIS for guidance. The Consulate only gets involved once you have your interview scheduled. You may also want to consider working with an immigration attorney.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by coolwater2: 8:36am On Mar 21, 2017
Good day CO,I hope you are enjoying your work stay in the country?I'm a new member and was able to read through most of the post here.I want to say you are a doing a great job,thank you.
Sir,I would like to ask what are the things they look for to request for DNA test as my daughter and I have will be having an interview at the consulate very soon.Is it a mandatory one has to go through this?I think if it is that so important ,we should have been subjected to do it earlier so as to avoid time wasting...The process of waiting after the interview for DNA results is not that palatable.
Please,could you highlight things that need to be considered inorder not to pass through the stage?Thank you and may God bless you.

Regards,
Ada.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:45am On Mar 21, 2017
coolwater2:
Good day CO,I hope you are enjoying your work stay in the country?I'm a new member and was able to read through most of the post here.I want to say you are a doing a great job,thank you.
Sir,I would like to ask what are the things they look for to request for DNA test as my daughter and I have will be having an interview at the consulate very soon.Is it a mandatory one has to go through this?I think if it is that so important ,we should have been subjected to do it earlier so as to avoid time wasting...The process of waiting after the interview for DNA results is not that palatable.
Please,could you highlight things that need to be considered inorder not to pass through the stage?Thank you and may God bless you.

Regards,
Ada.

I am enjoying my time in Nigeria, thank you. We can't move around too much but from what I've seen it is quite wonderful. I have been to Benin City and Ibadan and out west to the border with Benin. OK, so the border with Benin is not so wonderful, but it is still fascinating.

Regarding DNA, you are not required to do DNA, but it is in your interest to do so if requested. Since you do not yet have an interview at the Consulate, it sounds like USCIS requested DNA. This generally means that the documentation you provided does not meet the preponderance of evidence that is required to move forward with the petition. DNA is time-consuming and expensive for all parties. That is why we do not ask for it unless as a last resort.

There is no way to "avoid" it. You should bring proof of your relationship including photos from birth through the present, school records, birth certificates, baptismal records, etc. If you do not have sufficient evidence, then DNA is a recommended approach. The officer at the interview will advise you as to next steps.

Regards,
VO

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by coolwater2: 3:43pm On Mar 21, 2017
VisaOfficer:


I am enjoying my time in Nigeria, thank you. We can't move around too much but from what I've seen it is quite wonderful. I have been to Benin City and Ibadan and out west to the border with Benin. OK, so the border with Benin is not so wonderful, but it is still fascinating.

Regarding DNA, you are not required to do DNA, but it is in your interest to do so if requested. Since you do not yet have an interview at the Consulate, it sounds like USCIS requested DNA. This generally means that the documentation you provided does not meet the preponderance of evidence that is required to move forward with the petition. DNA is time-consuming and expensive for all parties. That is why we do not ask for it unless as a last resort.

There is no way to "avoid" it. You should bring proof of your relationship including photos from birth through the present, school records, birth certificates, baptismal records, etc. If you do not have sufficient evidence, then DNA is a recommended approach. The officer at the interview will advise you as to next steps.

Regards,
VO

Wow!I'm so happy you have been enjoying your stay here in the country,it gives me joy when i know foreigners are happy moving around and seeing places.They would be able to say a lot(Good things) when they leave the country. Thank you also for your prompt response CO....I really digested and understood every bit of your reply to my inquiry.I'm so much concerned about the interview stage at the consulate, and since you have alleviated my fears concerning the evidence that are needed to present at the interview stage,I can say a big thank you.We have all those pictures from the birth and the certificate and so on.Since my child is not an illegitimate daughter to her dad,there is no qualms.I hope to have my interview soon at the consulate and I wish I still meet you there even though one cannot recognize who you are sir!Lol.... ;DThank you so much and stay blessed.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by OmoBendel24: 5:36pm On Mar 21, 2017
Dear VO,

Good evening sir.

A quick one here please. There's this relative of ours wanting to inquire about the workings of the Green Card. She acquired hers via the F2A route but happens to be disturbed somehow now. She did apply for the B1/B2 visa category about twice and was refused but advised to ask her husband who was then on a green card to file for her. This she did and got approved and has been to the US on short stays about three times now. The issue bothering her is that she "knows" (with varying views from the net and all around her, I too think strongly that I have read something of such here before but can't vouch on the strength of such thinking) she MUST not be outside of the US for more than 180 days (but she is resident in Nigeria and got loads on her hands at work that militates against so much time availability to her to make this PRESERVATION trips), she however on this particular occasion is finding it difficult to make her next trip to the US within a timeframe of less than 180 days as expected due to time unavailability among other reasons. She wants to know if this her 180 days "KNOWLEDGE" is correct or if it ought to be 365 days. Kindly help do justice to this by either validating or invalidating this knowledge. If the 180 days stuff is valid, are there grounds on which she can do at most 365 days outside of the US till she finally relocates to the US in say about two years on or so? Thanks, and warmest regards!

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