newacct

Technically, according to Chinese law, your daughter is a Chinese citizen too, and should get a Chinese "Travel Document" (which identifies the bearer as a Chinese citizen) from a Chinese consulate to enter and exit China. However, the policies for Chinese Travel Document have been shifting back and forth in recent years and vary between consulates, so it might be best to fill out both applications for Chinese visa and Chinese Travel Document and see which one they take.

People using China Transit Program or Transit Without Visa program do not need eTA.

You wouldn't need to withdraw your wife's petition -- it will probably be revoked after a year or so if you don't touch it; or you can touch it once a year to keep it alive in case it's needed in the future.

Private debts generally do not affect getting visas or entering the US.

Also suggest filing I-765 for EAD (work authorization while I-485 is pending) and I-131 for Advance Parole (to allow leaving the US and returningwhile I-485 is pending) at the same time. They are free for I-485 applicants, and there is no downside to applying for them. She will get them within 90 days of applying. You never know when a sudden need for travel or something might arise. She doesn't have to use them if she gets them, but have the option in case she needs to.

A denial could be because the officer thinks there is some other ban besides the 9B ban (because they would not likely have denied it for 9B ban if you had an approved provisional waiver). I-601A is provisional waiver for a potential 9B ban only. If there is some other ban, then lawyer should have realized that and should not have advised you to do I-601A. At this point, you need to figure out what bans she is denied under and file I-601 for those bans. And as dnoblett mentioned above, why didn't she just do Adjustment of Status in the US?

Note that if the income is too low (below 133% of poverty level), you don't qualify for the tax credits; the idea is that you use Medicaid instead because you qualify for Medicaid.

For the I-864 for your wife, you can include the income and assets of your wife in your household income and assets without her filling I-864A because she is the intending immigrant for that I-864. For the I-864 for your step-child, your wife is not the intending immigrant, so she would have to be a "household member" and fill out an I-864A in order for you to include her income and assets in your household income and assets.

There is no reason to. Nothing on the form indicates you would need to.

Did they get married before or after he got his green card?

I've noticed that you can enter disallowed characters with only a warning (but it will let you do it) if you disable JavaScript in Acrobat Reader's preferences (make sure to turn it back on afterwards). Not sure how this affects the barcode.

Child was in China until this September at which point entered the country at age 19 on an IR-2 visa, parent naturalized January 2009, now if the child had been in the USA on a green-card at that time then they would have qualified. The child was under 18 years old (YES)The child was a US permanent resident (NO, at time parent naturalized, is now however age 19)The child was living in the US in the custody of a US-citizen parent (note: stepparent doesn't count) (NO was living in China) Since there was no overlap between the period when the child was under 18, and the period when the child is a permanent resident (since entry at age 19), they could not have gotten citizenship through INA 320. So they would have to apply for naturalization as an adult.

You didn't give enough information to tell. If at some moment in time all of the following were simultaneously true (it doesn't matter in which order they become true or for how long), the child automatically and involuntarily became a US citizen by INA 320: The child was under 18 years oldThe child was a US permanent residentThe child was living in the US in the custody of a US-citizen parent (note: stepparent doesn't count)

No. The length of validity of the visa has no relation to the length of validity of the passport.

It's not clear why she was deported though. Perhaps likeliness to become a public charge because she doesn't have insurance?

But I don't understand what "window" there is, regardless of Adjustment of Status or Consular Processing. Even if she marries during Adjustment of Status, I don't think her husband would be eligible to file Adjustment of Status at that time, because he would be derivative of an F3 category immigrant, and a visa number is not yet available for her priority date in the F3 category.

It doesn't make sense. It's not clear what this lawyer meant by "get her green card". People who immigrate through consular processing get an immigrant visa, and then the moment they use that immigrant visa to enter the US, they immediately become a permanent resident. They might get the plastic card later, but they are already a permanent resident (colloquially people say "has a green card") at that point. If they marry before she enters the US (and becomes a permanent resident), she is no longer eligible for the immigrant visa based on F1 category and can no longer enter the US using it. If they marry after she enters the US (and becomes a permanent resident), the husband is acquired after she became a permanent resident (even if she hasn't gotten the plastic card yet) and he cannot immigrate as a derivative beneficiary. In neither case can she both immigrate under F1 category and have him immigrate at the same time as her. Not necessarily. For example, they could 1) have a child before getting married, although that is not ideal, or 2) have the child after getting married, and while he is waiting for a visa number in the F2A category. She can get a re-entry permit and spent a lot of that period in China. Yes. If she has the child before her immigrant visa is issued, she can add the child on the case to get an immigrant visa as a derivative beneficiary. If she has the child after her immigrant visa is issued but before she enters the US, she can bring the child to the US when she enters for the first time, and the child will enter as an immigrant without needing a visa. If she has the child after entering the US and on a temporary trip abroad, the child can be brought back to the US before age 2 on the mother's first return to the US, and the child will enter as an immigrant without needing a visa. Of course.

The change is that there are now two different dates relating to the wait for visa numbers in each category -- the "Date for Filing" and the "Final Action Date". The Final Action Date indicates the priority dates for whom a visa number is available and your immigrant visa or Adjustment of Status can be approved, whereas the Date for Filing (which is one or more years ahead of the Final Action Date) indicates the priority dates for whom they can submit the application for immigrant visa or Adjustment of Status. Previously, there was just one date, basically what is now called the Final Action Date, that is used to both determine whether you can file or be approved. As a result, people had to wait until a visa number is available before they can file, which meant they had to wait still longer for it to be approved. Now, you can file before a visa number is available, so will get the visa faster. For Adjustment of Status people, having pending Adjustment of Status also gives the benefits of being able to stay in the US, and the ability to get EAD and AP for work and travel in the meantime. From past posts, the OP does not qualify to petition his step-son, because the relationship was not established prior to the step-son turning 18. The OP's wife as a permanent resident can petition his step-son in the F2B category, which under the October 2015 visa bulletin has a wait of about 5 years to the Date for Filing, and a wait of about 6.5 years until the Final Action date. If his step-son is in the US in legal status at the time the Date for Filing passes his priority date, he can file for Adjustment of Status at that time.

Some interesting history about Jewish settlement in the Japanese Empire: In other words, the Japanese welcomed the Jews, ironically, because they believed the anti-Semitic propaganda garbage that said the Jews supposedly had lots of money and political influence (the same lies that caused Jews to be persecuted in Europe).

In that case, no. Transmission of US citizenship to children born abroad is based on blood relationship. See 7 FAM 1131.4.

How did the father naturalize and not spend 5 years in the US? To naturalize you needed to have resided in the US as a permanent resident for 5 years, and yes, technically you could have taken trips out of the US during that time that reduced the time, but probably not by much. Also there's the time after naturalization and before the baby was born, and any time spent in the US before being a permanent resident. It would be very unusual for that not to be 5 years. Was the father not naturalized yet when the baby was born? Also, you said the mother was an LPR. Was the mother an LPR when the baby was born? If so, the mother should have been able to bring the baby to the US under age 2 on her first trip back to the US, without needing any immigration processing or visas. But this is irrelevant now. When the child entered the US with an immigrant visa, he/she automatically became a US permanent resident. And since he/she was residing in the US as a permanent resident under 18 with a US citizen biological parent, he/she also instantly, automatically, and involuntarily became a US citizen under INA 320. The INA 322 process is completely different. To use it, you would file the N-600K form while the child is outside the US and not a US citizen. Then, when USCIS approves it, they would schedule an oath ceremony inside the US. The child must then get a nonimmigrant visa to the US, almost always a B2 visa, to attend the oath ceremony. Only upon taking the oath does the child become a US citizen. (The fact that most nonimmigrant visas including B2 require intent to return to the home country explains why the INA 322 process can generally only be used for children who intend to continue residing abroad.) This does not apply to this child because, for starters, you never filed N-600K, and the child is already a citizen. That page is very confusing and incomplete. Clearer is the DS-11 passport application form itself: "If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable." It is not necessary to get a Certificate of Citizenship ever. As a US citizen, the child can get a US passport at any time. And the passport is much cheaper, much faster to get, and more useful than a Certificate of Citizenship. However, it may be a good idea to get a Certificate of Citizenship (the form to file is N-600) in the long term to serve as a backup proof of citizenship in case the passport gets lost.

Duration of stay is completely up to the immigration officer at entry. Yes, they can stay while the Change of Status application is pending, if it is filed while the person is still in status.

If daughter gets divorced, your spouse can petition her now under F2B category (wait of almost 7 years). Daughter would have to remain unmarried.

Another K-1 pro: If the immigrant has a child between 18-21, K-1 allows the child to get K-2 and immigrate; marrying and CR-1 does not allow CR-2 for the child since the stepchild relationship was not established before 18.

I think usually relatives in China can take the hukou book to the notary and can get it for them.