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  • immiusa
    08-14 03:00 PM
    You did good thing by not sending unnecessary documentation. It is your bad luck to have an RFE for unnecessary documentation.

    Some times people do send the few additional document even if they are not required. This could lead to a problem.

    Ex: While attending a personal interview at a USA consulate. Every body suggests "Answer to question", not more and not less. The same rule should apply

    People send extra documentation as a precautionary measure. But an IO officer may not understand the necessity of the document and send you an RFE. which would potentially delay the approval process.




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  • 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.




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  • senram
    01-21 05:26 PM
    But it works little bit different. The green card process is not purely based on merrit. But college admission is based on merrit in USA. But green card
    process is done by the requirement and eligiblity. For example for an Engineer position the requirement is BE and 5 years of experience and they are
    selecting based on Experience. Similarly for QA or Analyst position the requirement is similar but they do not need Aptitude similar to Hardcore Engineer position. So in
    this case after labor is cleared everyone of them is needed for USA irespective of which country he belongs to. So because of Country quota USA or US companies were not all
    impacted. But because of overcrowding of Indians and Chinese are impacted. Best way to say is because of country some one is cutting the line in the queue. But skill wise
    every one who cleared labor are eqully important based on the requirements. So quality of persons selected were not impacted by country quota. But it is discriminatory. But
    this kind of discrimination is in most or all of the countries in the world. Can anyone fight reservation in India and win? Atleast here we have provision to fight by advocacy
    and lobbying whether winning or not. But in our own country we cannot do anything about discrimination.

    The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...

    Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!




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  • james_bond_007
    12-07 02:44 PM
    I believe consular processing can be used only if the dates are current. It might take a long time for 2003 April EB3 India to be current. Since Green Card is for future employment, is there anyway to continue the Green Card process while in India ??



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  • sprash
    03-09 12:16 AM
    Thanks everyone.

    Many people asked me how I managed SR because the POJ has changed. Unfortunately, I myself don't know as I was trying desperately for various options. I did follow this generic template I had found while searching the forum, but I'm sure this didn't work right of the bat:

    1-800-375-5283
    press 1 for english
    then 2
    then 1 than 1
    then 3




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  • GCFrenzy
    05-12 09:19 AM
    The law in question in Arizona was SB 1070. When it passed, I was an immigrant resident of that state.

    When I received my greencard two years ago, I was sent a letter from the Department of Homeland Security -- the same letter that is sent to thousands of new immigrants every week -- from which I quote:

    We will soon mail you a new Permanent Resident Card... When you receive your card, you must carry it with you at all times if you are 18 older. It is the law.
    Pretty clear.

    ..................................

    Robin Koerner: A Legal Immigrant's Take on Illegal Immigration (http://www.huffingtonpost.com/robin-koerner/a-legal-immigrants-take-o_b_860273.html)



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  • eborbust
    07-01 09:19 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.

    Search Results - THOMAS (Library of Congress)

    S.2611
    Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)

    SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.

    (a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.

    (b) Adjustment of Status-

    (1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

    `SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

    `(a) Adjustment of Status-

    `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:

    `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.

    `(B) CONTINUOUS PHYSICAL PRESENCE-

    `(i) IN GENERAL- The alien shall establish that the alien--

    `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;

    `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and

    `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
    ................

    Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.

    We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...




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  • muthukmk
    08-03 06:01 PM
    To pd_recapturing

    My I140 was approved after I filed my 485. Can I still use interfiling?



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  • bharad
    06-22 03:05 PM
    Its better to change your employer.

    Even my attorney has screwed me big time in 2004. We had a discussion for over two days with my HR and the attorney and the decision was to file the labor in EB2 category otherwise I was not willing to start my GC process with the company. Then the backlog stuff happened and after 3 years I came to know that it is EB3 labor, by that time the attorney stopped representing my company and even the HR left the job.

    Now my company doesn't want to start an EB2 process as they don't want to put extra money. So look for a better/similar job and make the move. As the market is improving this is the right time to take some decision.

    Cheers!!!




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  • JunRN
    12-18 04:57 PM
    Thanks for the link. It is really very helpful.

    That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.

    Darn, am I stupid or what? I felt am I just chicken or am I just being wise?

    Probable change in AC21 rules are these additional requirements:

    1. New employer's ability to pay
    2. New LC for the same occupation

    The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.



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  • kosu
    09-14 03:49 PM
    I got an LUD on 08/05/2007. My 140 was approved was in late Dec 2006.




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  • singhsa3
    08-20 07:05 PM
    Just curious any July 2nd filler , filled at NSC with an approved I-140 and have PD earlier than 1/1/06 still waiting?



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  • tomCT
    03-28 08:53 AM
    I think this would be an easy and effective ammendment request. The USCIS considers BS + 5years equivalent to Masters(advanced degree).

    As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?

    If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.

    I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).

    The advanced degree is already interpreted by DOL as BS + 5 years.
    Its interpreted by USCIS as BS + 2 years.

    I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.




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  • dtekkedil
    07-02 05:14 PM
    Hello Folks,

    We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!

    I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!

    This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!

    So, if people are interested... let us start a send a flower a day campaign!

    Dilip



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  • Cataphract
    05-25 08:53 AM
    I just read this article in the paper today and wanted to share it with all of you.

    It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.

    No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.

    I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.

    I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.

    I think we have a very good chance getting it published in one of these papers and it will have a huge impact.

    This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.

    Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.


    http://www.nytimes.com/2007/05/25/us/25poll.html?hp

    http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews


    For some reason my uploads of PDF's failed, so I am adding links.




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  • gclabor07
    02-12 08:31 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.



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  • pappu
    06-29 10:08 AM
    I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)

    Lets see how many years it will take for him to finally grant me my wish.




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  • rockstart
    09-12 09:25 AM
    I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

    RFEs or Denials May Not Be Based on Wikipedia Information

    The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

    It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

    Link http://www.murthy.com/bulletin.html




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  • chanduv23
    09-12 09:57 AM
    Yes they do it. They do random google searches. Our issue is not resolved just because they are given directive not to use wikipedia, because they may use a lot of other resources on the internet.




    honeyB
    01-23 04:42 PM
    bump




    gcformeornot
    06-30 10:35 AM
    ...:mad:



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