number30
02-19 08:55 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
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Saralayar
07-10 09:50 AM
I agree that India is booming up despite these corrupted politicians. But until the politics goes to the hands of real patriots, the growth rate will be less and may even turn back to poverty again and the politicians family will become the richest persons in Asia. This should change first then we can think about that option.:confused:
pappu
08-21 10:59 AM
Can moderators setup Web Fax for this?
we aready have a webfax for this
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
However, if anyone can spare a few minutes, pls. also send emails to these members from the site - http://judiciary.house.gov/CommitteeMembership.aspx
There is a website contact for each of the member.
An email from diff members of Iv in their own words apart from the webfaxes would add to our lobbying efforts.
we aready have a webfax for this
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
However, if anyone can spare a few minutes, pls. also send emails to these members from the site - http://judiciary.house.gov/CommitteeMembership.aspx
There is a website contact for each of the member.
An email from diff members of Iv in their own words apart from the webfaxes would add to our lobbying efforts.
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Totoro
05-08 11:25 PM
That's the point.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
I am always wary of an email asking for personal information. I sent her an email and asked for her to reply with a telephone number to call. I have heard nothing back. She looks legit, but I need to be sure. I did the same with the San Jose reporter and he sent me his phone number. So that was fine.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
I am always wary of an email asking for personal information. I sent her an email and asked for her to reply with a telephone number to call. I have heard nothing back. She looks legit, but I need to be sure. I did the same with the San Jose reporter and he sent me his phone number. So that was fine.
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bluez25
08-11 03:01 PM
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
bang
04-06 10:51 AM
Sorry to hear about your dad's health.
As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.
If you applied for 485 and have AP, please keep it with you in case of need.
thanks
You are eligible for a Emergency Appointment as long as you are returning to work in US (H1B), dont worry, just go you can get an emergency appointment without any documentation required.
As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.
If you applied for 485 and have AP, please keep it with you in case of need.
thanks
You are eligible for a Emergency Appointment as long as you are returning to work in US (H1B), dont worry, just go you can get an emergency appointment without any documentation required.
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ram_nara303
05-12 03:09 PM
I travelled through FRA last year to be precise. Never had a H1-B1 stamping on my passport. Used my AP. Sent email to german consulate prior to travel to check for transit visa. They responded that there is no need to have transit visa unless you are going out of the airport to visit(Schengen visa). So you should be good to go on AP.
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prioritydate
10-01 09:11 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
They are paying 3 months salary for a guy on H1B? Who is paying him?
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
They are paying 3 months salary for a guy on H1B? Who is paying him?
more...
Hermione
09-25 12:56 PM
this is a good find! they need to have 3 year extensions on EAD
I think they do it for other immigrant categories, like refegees.
I think they do it for other immigrant categories, like refegees.
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gchopes
10-23 09:22 AM
Does Charlotte Office ASC have a day for walk-ins? Has any one of you done that and gotten their FP done on that day?
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vikramy
07-10 05:06 AM
Hello,
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
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Fugu
01-11 03:02 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
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sertasheep
07-05 05:39 PM
ask them to quote the section of the law which makes it not legal for L1 visa holders not to participate in 401K. I am very curious to know.
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looivy
11-12 05:06 PM
How early do I need to apply to get an appointment at vancouver or Toronto or Mexico?
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
more...
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sukhmeet
05-11 02:08 AM
Hi,
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
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McLuvin
03-04 05:31 PM
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jnraajan
04-11 02:36 PM
Hi,
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
There are so many threads on this forum regarding Transit Visas. Please search for those thread for answers. I have listed a couple of thread regarding this.
http://immigrationvoice.org/forum/showthread.php?t=15864
http://immigrationvoice.org/forum/showthread.php?t=14564
My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?
I have two questions here.
1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).
Please help me by answeringthese questions.
Regards,
Brahma Reddy
There are so many threads on this forum regarding Transit Visas. Please search for those thread for answers. I have listed a couple of thread regarding this.
http://immigrationvoice.org/forum/showthread.php?t=15864
http://immigrationvoice.org/forum/showthread.php?t=14564
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GCNirvana007
08-23 12:04 PM
Being current means very little. I've been there 3 times over the last few years. 4 years after filing my 485, and 2 RFEs later(each generated during a PD current period BTW) and 3 "currents", I am still waiting. I am on my 5th EAD.
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
You deserve it. Hope Sept 1st brings the real deal for you
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
You deserve it. Hope Sept 1st brings the real deal for you
sanjay02
08-16 09:49 PM
Hi
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?
Thnks
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?
Thnks
hope4gc
04-26 07:05 AM
I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.
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