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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cin45220
12-29 10:04 AM
Hi,
I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
-That is what got me interested in the first place.
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
Anyhow anyone has any pros and cons to share about this one?
n'
Joy
"Plus it is not a "** State University" but a "University of **" which means it should have better profs."
How do people come up with aforementioned insights? There is no co-relation between how a Univ is named and the quality of education offered....
I guess, according to you, Univ of phoenix must be better than all the state Univs (OSU, MSU etc..) in US
-CinBoy
I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
-That is what got me interested in the first place.
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
Anyhow anyone has any pros and cons to share about this one?
n'
Joy
"Plus it is not a "** State University" but a "University of **" which means it should have better profs."
How do people come up with aforementioned insights? There is no co-relation between how a Univ is named and the quality of education offered....
I guess, according to you, Univ of phoenix must be better than all the state Univs (OSU, MSU etc..) in US
-CinBoy
mmanurker
07-28 11:59 AM
Now a days this has become a fashion to bash Hinduism and people take pride in doing so just to make a point to prove that they are very secular and far sighted and very broad minded but infact these are the people who are pseudo-secular and the reason for majority Hindus in our own country being held hostage by the policticians and the largest minority community in india.....
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
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vkannan
11-12 10:59 PM
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
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pappu
02-03 10:52 PM
http://immigrationvoice.org/forum/showthread.php?t=23488
This is our immediate need. Could you pls help.
This is our immediate need. Could you pls help.
praveenat11
09-24 01:31 PM
Hi,
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
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coolmanasip
06-19 03:09 PM
My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....
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nojoke
09-17 08:28 PM
Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(
more...
chanduv23
07-01 11:58 AM
fyi
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
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prad123
05-05 11:32 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
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jamesbond007
02-19 03:06 PM
Instead of opposing it for fear of application deluge, why not ask for a clause that says applications should be adjudicated within a certain timeframe?
And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.
May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.
There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
It is really sad to see opposition to this proposal just because it did not include every one.
And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.
May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.
There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
It is really sad to see opposition to this proposal just because it did not include every one.
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immigrant2007
09-10 02:06 PM
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
If they are giving this reason of not being able to sort 140s then they are really stupid or lying
If they are giving this reason of not being able to sort 140s then they are really stupid or lying
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house bill - Bill amp; Tom Kaulitz
eb3_nepa
07-05 01:43 PM
How is it different from my idea?
Who said it was different. I liked ur idea and went ahead and enhanced it a little bit more.
Who said it was different. I liked ur idea and went ahead and enhanced it a little bit more.
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sbabunle
01-01 10:36 AM
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
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alias
06-10 01:21 PM
EAD is not tied to an employer/company, it is your application. You may apply for EAD but not work at all, if you wish.
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techskill
08-15 02:33 PM
Nobody is waiting for it now.It is going to be 'U' for all.In fact i think everybody has forgotten about the visa bulletin. They are more worried about their checks being cashed and RDs.
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amitpan007
06-06 03:27 PM
Congratulations and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours :)
Yes Definitely I will. I am a member of texas state chapter so will be getting updates there as well.
Yes Definitely I will. I am a member of texas state chapter so will be getting updates there as well.
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swo
08-16 01:40 PM
Hi, do you know how long it took them to clear name check? which EB category /country are you? Mine is stuck in name check and am trying to find some pattern and if possible, some solace.. thanks.
Your case is unique. Either it will get through quickly or it won't.
BROADLY SPEAKING, 90% of cases take 6 months of less to get through name check. Some take longer. Depending on how common your name and it's variatiosn are, and depending on whether or not there are hits in the FBIs database, that will determine how it goes for you. Some are through in 2 weeks. Some in 2 years.
Sadly, it's not predictable in any way.
Your case is unique. Either it will get through quickly or it won't.
BROADLY SPEAKING, 90% of cases take 6 months of less to get through name check. Some take longer. Depending on how common your name and it's variatiosn are, and depending on whether or not there are hits in the FBIs database, that will determine how it goes for you. Some are through in 2 weeks. Some in 2 years.
Sadly, it's not predictable in any way.
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saimrathi
07-03 09:13 AM
with out a reliable website, we can't communicate and do all the important things(productive) you are talking. maintaining a reliable website doesn't need much funds.
How about Google ads.. Gmail, Yahoo etc are not paid sites and still do a very reliable job..
How about Google ads.. Gmail, Yahoo etc are not paid sites and still do a very reliable job..
desi chala usa
09-18 12:59 PM
It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....
shana04
01-20 05:35 AM
Friends,
Just to educate you all.
All Mexico border cities (from USA) require that you need to carry Passport all the times and it is mandatory. Even if you travel by Air, car, bus or train.
If any one is planning to go to a border city especially around texas carry your passport and any legal Id (secondary). If not any border security patrol officer can stop and that is legal.
This has been there for long time and if you have any friends especially close to border cities in Texas would know it, pls confirm.
This is real info.
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Just to educate you all.
All Mexico border cities (from USA) require that you need to carry Passport all the times and it is mandatory. Even if you travel by Air, car, bus or train.
If any one is planning to go to a border city especially around texas carry your passport and any legal Id (secondary). If not any border security patrol officer can stop and that is legal.
This has been there for long time and if you have any friends especially close to border cities in Texas would know it, pls confirm.
This is real info.
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
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