Welcome, Guest. Please login or register.
Did you miss your activation email?
November 21, 2018, 04:11:15 AM
Home Help Login Register
News:

CAP Talk  |  Cadet Programs  |  Cadet Programs Management & Activities  |  Topic: Prospect with USCIS I-797 status
0 Members and 1 Guest are viewing this topic.
Pages: 1 2 [All] Print
Author Topic: Prospect with USCIS I-797 status  (Read 3627 times)
Майор Хаткевич
200,000th Post Author
Salty & Seasoned Contributor

Posts: 6,059
Unit: GLR-IL-049

« on: May 17, 2016, 11:25:17 PM »

I have a prospect who is in the US on an I-797 "Visa". I looked it up, and it looks like it's a permission to travel to US document vs an actual Visa. Father says it's not an I-551, but maybe he's confused? Been 15 years since my process, and I remember getting here on a 551, and had my Green Card soon after.

Second question, father said he has a SSN, but son does not, due to the status. So what's the membership process like, for those situations?
Logged
lordmonar
Too Much Free Time Award

Posts: 10,655

« Reply #1 on: May 18, 2016, 12:00:08 AM »

Send the copies of documentation to NHQ for their determination.

Logged
PATRICK M. HARRIS, SMSgt, CAP
Pacific Region
Майор Хаткевич
200,000th Post Author
Salty & Seasoned Contributor

Posts: 6,059
Unit: GLR-IL-049

« Reply #2 on: May 18, 2016, 12:18:48 AM »

Send the copies of documentation to NHQ for their determination.


How about the SSN issue? Just paper copy to NHQ with what they got? Or should I pre-call/email them to at least see if we're wasting everyone's time?
Logged
lordmonar
Too Much Free Time Award

Posts: 10,655

« Reply #3 on: May 18, 2016, 12:20:58 AM »

Send the copies of documentation to NHQ for their determination.


How about the SSN issue? Just paper copy to NHQ with what they got? Or should I pre-call/email them to at least see if we're wasting everyone's time?
Sure you can pre-call.....that's always helpful.   But they don't NEED a SSAN......if they got an INS number.    Of course it is the nature of the visa that is important.
Logged
PATRICK M. HARRIS, SMSgt, CAP
Pacific Region
Майор Хаткевич
200,000th Post Author
Salty & Seasoned Contributor

Posts: 6,059
Unit: GLR-IL-049

« Reply #4 on: May 18, 2016, 12:39:45 AM »

Send the copies of documentation to NHQ for their determination.


How about the SSN issue? Just paper copy to NHQ with what they got? Or should I pre-call/email them to at least see if we're wasting everyone's time?
Sure you can pre-call.....that's always helpful.   But they don't NEED a SSAN......if they got an INS number.    Of course it is the nature of the visa that is important.


I know their status is legitimate, just need to see what the passports have. Guess I'll ping this with my mom since she worked in Immigration Law, and then proceed from there.
Logged
SarDragon
Global Moderator

Posts: 10,473
Unit: NAVAIRPAC

« Reply #5 on: May 18, 2016, 02:27:58 AM »

From my research, Form I-797 is used by the USCIS to issue approval of status or notice of receipt for applications. It is not a status in and of itself. The specified approval is the meat of the issue.

If his dad is claiming him as a dependent on his tax return, he has to have a SSAN or a TIN, so that shouldn't be an issue.
Logged
Dave Bowles
Maj, CAP
AT1, USN Retired
Mitchell Award (unnumbered)
C/WO, CAP, Ret
JeffDG
Salty & Seasoned Contributor

Posts: 3,155

« Reply #6 on: May 18, 2016, 01:40:02 PM »

If you want to PM me, I'd be happy to assist.  I joined CAP under a waiver when I was in L1 status, later transitioned to an I-551, and now have a citizenship application pending.

This is going to depend on the parent's status, but depending on what that is, it should be a straightforward waiver.

From the I-797, you should be able to determine the potential cadet's status...

If it's something like "B" something, then odds are not good.  B status is short term visitors.

H4 (if father has H1B), L2 (if father has L1), or TD1 (If father has TN1) are good.  These are long-term residency situations that just need to submit paperwork.  The father is right, the child is not authorized to work on these statuses, so cannot get a SSN, but will get an ITIN.  (L2 and certain H4 spouses can work, but children cannot).

I know my way around the immigration stuff pretty well, and would be happy to assist.
Logged
JeffDG
Salty & Seasoned Contributor

Posts: 3,155

« Reply #7 on: May 18, 2016, 01:43:10 PM »

From my research, Form I-797 is used by the USCIS to issue approval of status or notice of receipt for applications. It is not a status in and of itself. The specified approval is the meat of the issue.

If his dad is claiming him as a dependent on his tax return, he has to have a SSAN or a TIN, so that shouldn't be an issue.
Correct, an I-797 is the all-purpose "notice" for USCIS, and usually has a notation "THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT".  I've received two of them in the last month since I submitted my N-400 Application for Naturalization, one was basically a receipt for my filing fee, the other was telling me when'where to go to get my fingerprints taken.

The key form you want to go up for the waiver is the I-94 that is stapled to the passport.  This will give a status and expiry date.
Logged
JeffDG
Salty & Seasoned Contributor

Posts: 3,155

« Reply #8 on: May 18, 2016, 01:44:18 PM »

Send the copies of documentation to NHQ for their determination.


How about the SSN issue? Just paper copy to NHQ with what they got? Or should I pre-call/email them to at least see if we're wasting everyone's time?
Sure you can pre-call.....that's always helpful.   But they don't NEED a SSAN......if they got an INS number.    Of course it is the nature of the visa that is important.
You can use an ITIN in place of the SSN
Logged
MHC5096
Forum Regular

Posts: 163
Unit: NER-NY-043

« Reply #9 on: May 18, 2016, 01:52:58 PM »

Feel free to PM me if you still require assistance. I've been a legacy INS, now USCIS, Immigration Officer for the past 15 years.
Logged
M. H. Crary
Lt Col, CAP (1983-Present)
BA-VIV/ADSO-HR/FSO-PV, USCG Auxiliary (2011-Present)
MSgt, USAF Ret. (1995-2011)
QM2, USN (1989-1995)
JeffDG
Salty & Seasoned Contributor

Posts: 3,155

« Reply #10 on: May 18, 2016, 01:56:02 PM »

Feel free to PM me if you still require assistance. I've been a legacy INS, now USCIS, Immigration Officer for the past 15 years.
Any chance you can pull my file and put it on the top of the pile???  :D
Logged
Майор Хаткевич
200,000th Post Author
Salty & Seasoned Contributor

Posts: 6,059
Unit: GLR-IL-049

« Reply #11 on: May 18, 2016, 02:59:12 PM »

Feel free to PM me if you still require assistance. I've been a legacy INS, now USCIS, Immigration Officer for the past 15 years.
Any chance you can pull my file and put it on the top of the pile???  :D


Is it taking a long time again? Back in late 09/early 10, it took just a few months from paperwork, to civics pop quiz, to being sworn in.


I'll get with the parent next Tuesday, and probably reach out to you both at that time if something is unclear.
Logged
JeffDG
Salty & Seasoned Contributor

Posts: 3,155

« Reply #12 on: May 18, 2016, 03:02:17 PM »

Feel free to PM me if you still require assistance. I've been a legacy INS, now USCIS, Immigration Officer for the past 15 years.
Any chance you can pull my file and put it on the top of the pile???  :D


Is it taking a long time again? Back in late 09/early 10, it took just a few months from paperwork, to civics pop quiz, to being sworn in.


I'll get with the parent next Tuesday, and probably reach out to you both at that time if something is unclear.
Memphis field office is showing a bit over 6 months.  Friend of mine took over a year.

Need to be sworn in by early October if I want to exercise my new right to vote in November, as in TN you must be registered to vote a month before the election, and I most certainly cannot register until I take the Oath.
Logged
Майор Хаткевич
200,000th Post Author
Salty & Seasoned Contributor

Posts: 6,059
Unit: GLR-IL-049

« Reply #13 on: May 18, 2016, 03:05:42 PM »

Feel free to PM me if you still require assistance. I've been a legacy INS, now USCIS, Immigration Officer for the past 15 years.
Any chance you can pull my file and put it on the top of the pile???  :D


Is it taking a long time again? Back in late 09/early 10, it took just a few months from paperwork, to civics pop quiz, to being sworn in.


I'll get with the parent next Tuesday, and probably reach out to you both at that time if something is unclear.
Memphis field office is showing a bit over 6 months.  Friend of mine took over a year.

Need to be sworn in by early October if I want to exercise my new right to vote in November, as in TN you must be registered to vote a month before the election, and I most certainly cannot register until I take the Oath.


I just passed 6 years as a citizen on May 5th. Last year was fun, because it was my Cinco Anos de Citizenship de Mayo.  >:D
Logged
MHC5096
Forum Regular

Posts: 163
Unit: NER-NY-043

« Reply #14 on: May 18, 2016, 03:36:41 PM »

Orlando is around 8 months right now for N-400 applications.
Logged
M. H. Crary
Lt Col, CAP (1983-Present)
BA-VIV/ADSO-HR/FSO-PV, USCG Auxiliary (2011-Present)
MSgt, USAF Ret. (1995-2011)
QM2, USN (1989-1995)
JeffDG
Salty & Seasoned Contributor

Posts: 3,155

« Reply #15 on: May 18, 2016, 03:54:00 PM »

Orlando is around 8 months right now for N-400 applications.
I'd rather mine were in Atlanta...two reasons:  1) It's a 2 hour shorter drive for the interview than Memphis, and 2) They do same-day oath ceremonies.

The guy who just went though had like a 3 month wait from his interview until they swore him in.
Logged
Майор Хаткевич
200,000th Post Author
Salty & Seasoned Contributor

Posts: 6,059
Unit: GLR-IL-049

« Reply #16 on: May 18, 2016, 04:46:55 PM »

If I remember correctly, I had 2 weeks or less between my interview and ceremony.
Logged
Майор Хаткевич
200,000th Post Author
Salty & Seasoned Contributor

Posts: 6,059
Unit: GLR-IL-049

« Reply #17 on: May 25, 2016, 12:04:48 PM »

Alright, so now I'm getting somewhere.

Father came on H1B, and son was L2 (IIRC). Now the son is on H-4, and they are waiting on paperwork for the Green Card.

What kind of docs will I need to submit to NHQ? Copy of passport? Visa copy? Something else? I'm assuming we're doing a paper copy for this app.
Logged
lordmonar
Too Much Free Time Award

Posts: 10,655

« Reply #18 on: May 25, 2016, 01:05:58 PM »

A scan of everything.

And send it up electronically.

Logged
PATRICK M. HARRIS, SMSgt, CAP
Pacific Region
MHC5096
Forum Regular

Posts: 163
Unit: NER-NY-043

« Reply #19 on: May 25, 2016, 04:11:18 PM »

Concur. Scan it all and kick it up the chain.
Logged
M. H. Crary
Lt Col, CAP (1983-Present)
BA-VIV/ADSO-HR/FSO-PV, USCG Auxiliary (2011-Present)
MSgt, USAF Ret. (1995-2011)
QM2, USN (1989-1995)
JeffDG
Salty & Seasoned Contributor

Posts: 3,155

« Reply #20 on: May 25, 2016, 06:20:42 PM »

Alright, so now I'm getting somewhere.

Father came on H1B, and son was L2 (IIRC). Now the son is on H-4, and they are waiting on paperwork for the Green Card.

What kind of docs will I need to submit to NHQ? Copy of passport? Visa copy? Something else? I'm assuming we're doing a paper copy for this app.
ID page of passport (ie the one with picture)
I-94 (stapled in passport)
Visa (if present...some countries like Canada are visa exempt)

If father came in on H1B, then the son came in on H4 (H4 is the status for a spouse/child of an H1B, L2 is the same for an L1)
Logged
Pages: 1 2 [All] Print 
CAP Talk  |  Cadet Programs  |  Cadet Programs Management & Activities  |  Topic: Prospect with USCIS I-797 status
 


Powered by MySQL Powered by PHP SMF 2.0.14 | SMF © 2017, Simple Machines Valid XHTML 1.0! Valid CSS!
Page created in 0.089 seconds with 25 queries.
click here to email me