lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
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a_yaja
06-25 02:02 PM
Gurus,
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
gc_chahiye
12-21 01:04 AM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
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sivakumar
02-22 01:48 PM
thanks GCwaitforever I just wish that after april you change your name to GCRecivedFinally :->
more...
srkamath
07-04 03:16 PM
Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.
Yes, i'm not supportive of those that seek to exploit loopholes, I understand their frustration, i feel the same frustration. If we know for certain that someone is deliberately, possibly illegally abusing the system we should report it to either DOL or USCIS. Look what the exploiters have done to the PERM system.......
Yes, i'm not supportive of those that seek to exploit loopholes, I understand their frustration, i feel the same frustration. If we know for certain that someone is deliberately, possibly illegally abusing the system we should report it to either DOL or USCIS. Look what the exploiters have done to the PERM system.......
arunmohan
01-25 02:52 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
more...
sc3
10-16 02:48 PM
I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
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indigokiwi
03-04 08:43 AM
^^^^^^^^^
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grinch
03-02 06:24 PM
Noooooooooooooooooo!!! gah thats two ppl who dropped out... aw
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greyhair
03-12 01:55 PM
u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......
Your comments are insensitive and rude. For no particular reason you can't resist adding your unproductive post which adds no value to this discussion.
pappu, Please delete his posts.
Your comments are insensitive and rude. For no particular reason you can't resist adding your unproductive post which adds no value to this discussion.
pappu, Please delete his posts.
more...
LegalIndianInUSA
07-29 02:37 AM
Yea sure, be scared of corporatiions and defamation suits and let them enslave you. Sheeple mentality.
Add, the "now dead" Sun Microsystems to the list.
They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.
fuck em.
Take control of your own destiny.
Add, the "now dead" Sun Microsystems to the list.
They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.
fuck em.
Take control of your own destiny.
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perm2gc
01-10 09:33 PM
http://www.canadiandesi.com/read.php?TID=16132
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howzatt
08-15 08:16 PM
Sept Bulletin out - http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
I'm unable to understand well why EB3 is "U". :mad:
Friends, please share your thoughts. Let us discuss.........
LOL. Nice first post!
I'm unable to understand well why EB3 is "U". :mad:
Friends, please share your thoughts. Let us discuss.........
LOL. Nice first post!
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amitps
09-26 11:27 AM
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
IV Leaders and Core are working on it...but feel free to call her / email her.
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
IV Leaders and Core are working on it...but feel free to call her / email her.
more...
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sugaur
05-28 09:44 PM
I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
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jonty_11
12-13 04:06 PM
ALso, if u worked for a Client get the Client to write u a letter on Client Letter head stating u workind through Consulting COmpany ABC
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greencard_fever
07-20 11:14 PM
I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
Hello Gurus,
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
Hello Gurus,
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
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perm2gc
02-01 02:50 AM
please add sulekha.com
forget sulekha..i posted our ad couple of times ,after that they started to delete.I am not sure what the reason is...
All i need is the forums which have more members with more activity.I will spend sometime to join them and post.
forget sulekha..i posted our ad couple of times ,after that they started to delete.I am not sure what the reason is...
All i need is the forums which have more members with more activity.I will spend sometime to join them and post.
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insbaby
05-07 11:10 AM
If you have paid and do not have access then send us an email to info at immigrationvoice.org with your payment details, name, email used to contribute and IV ID.
We have added everyone that contributed. Sometimes there is a delay of a couple of days.
I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".
Is there a link that shows all donor forums...
We have added everyone that contributed. Sometimes there is a delay of a couple of days.
I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".
Is there a link that shows all donor forums...
va_labor2002
07-24 09:23 AM
I just posted this very question on the website above. I hope it gets selected for the chat
rpatel, Can you please talk to IV core members about this issue ? Please call them and explain your point.
Any comments from logiclife or any other IV core team ? we should send a webfax to USCIS director immediately.
rpatel, Can you please talk to IV core members about this issue ? Please call them and explain your point.
Any comments from logiclife or any other IV core team ? we should send a webfax to USCIS director immediately.
alterego
09-17 10:37 PM
This is no doubt a bad time for the US economy. However the world is not going to collapse. We will nearly certainly see a recession. Outside chance of a depression. The credit markets are frozen, confidence has been shaken, housing is searching for a bottom, unemployment has ticked up a percentage point so far, and the stock market is down about 20%.
However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.
Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.
Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.
If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).
Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.
However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.
Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.
Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.
If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).
Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.