sparky_jones
02-18 04:15 PM
I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
Is this going to affect my GC in anyway? I need some guidance here.
Did the interview request from USCIS specifically mention the DUI?
Here's some information that might help you understand your situation better: http://www.californiadui.com/articles/immigration-issues-of-dui.php
I think it's not the prior DUI conviction, but the failure to disclose the prior DUI conviction that poses a potential problem. However, this is not something that cannot be taken care of with the help of an experienced attorney. There are numerous folks who have found themselves in a similar situation and have gone on to successfully get their GC. I agree with the advice provided by the gentleman above.
Is this going to affect my GC in anyway? I need some guidance here.
Did the interview request from USCIS specifically mention the DUI?
Here's some information that might help you understand your situation better: http://www.californiadui.com/articles/immigration-issues-of-dui.php
I think it's not the prior DUI conviction, but the failure to disclose the prior DUI conviction that poses a potential problem. However, this is not something that cannot be taken care of with the help of an experienced attorney. There are numerous folks who have found themselves in a similar situation and have gone on to successfully get their GC. I agree with the advice provided by the gentleman above.
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sertasheep
09-03 09:44 PM
If it is in one of the three locations listed(Jersey City or Edison or Bridgewater ), I will be able to make it, as I expect to be in the Philadelphia region during that time. Anyone interested in carpooling can mail me at sertasheep AT immigration voice. org
Point of Departure: Malvern, PA
Other points of pickups possible: Exton/Frazer, PA; King of Prussia, PA;
Can accomodate upto 4 more people in my vehicle
Point of Departure: Malvern, PA
Other points of pickups possible: Exton/Frazer, PA; King of Prussia, PA;
Can accomodate upto 4 more people in my vehicle
seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
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minimalist
03-25 09:05 AM
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
If we do not use G28 to change representation from current lawyer hired by company, would all the notifications go just to the lawyer?
Can we submit G28 ourselves or does it needs to be a lawyer?
If we do not use G28 to change representation from current lawyer hired by company, would all the notifications go just to the lawyer?
Can we submit G28 ourselves or does it needs to be a lawyer?
more...
snathan
06-04 10:37 AM
thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
Thanks again
Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.
Thanks again
Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.
pns27
10-22 10:54 PM
I have a question:
As most of the EB folks are in the system Will EB3 ever get a chance to dip in to the ROW pool of visas?
What I mean is and correct me if I am wrong; In last quarter of every years any remaining visas from ROW will be used by countries like India/China. However the order of preference is Eb1, EB2 and if any visas are left then EB3. If so them till every Eb1 and EB2 in the system are approved EB3 may not get any additional visas other that the regular quota, RIGHT?
So there is fair chance that all EB1 and EB2 will get cleared soon and EB3 will be stuck for ever.:confused:
As most of the EB folks are in the system Will EB3 ever get a chance to dip in to the ROW pool of visas?
What I mean is and correct me if I am wrong; In last quarter of every years any remaining visas from ROW will be used by countries like India/China. However the order of preference is Eb1, EB2 and if any visas are left then EB3. If so them till every Eb1 and EB2 in the system are approved EB3 may not get any additional visas other that the regular quota, RIGHT?
So there is fair chance that all EB1 and EB2 will get cleared soon and EB3 will be stuck for ever.:confused:
more...
gcformeornot
02-03 02:14 PM
AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport
Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"
AILA CBP Liaison Committee Practice Alert
H-1B Admissions � Newark, New Jersey Airport
(2/2/2010)
The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.
In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.
During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).
Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.
In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.
Note the new fraud related language added to I-797 approval notices �
NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.
Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).
Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"
AILA CBP Liaison Committee Practice Alert
H-1B Admissions � Newark, New Jersey Airport
(2/2/2010)
The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.
After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.
In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.
During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).
Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.
In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.
Note the new fraud related language added to I-797 approval notices �
NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.
Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).
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BMS1
05-25 11:28 AM
please post the names and email adddresses of the authors....so we can all contact them.
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
"exceptional aliens" - Any one having merit points tally in the top 146K of that year with or without Y visa (even H1 will do). For those with Y visa and having merit points tally in the top 156K of that year
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
"exceptional aliens" - Any one having merit points tally in the top 146K of that year with or without Y visa (even H1 will do). For those with Y visa and having merit points tally in the top 156K of that year
more...
go_guy123
01-21 02:48 PM
I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.
Actualy per country quota was made in 60s replacing and even more rigid system that alloted quotas based on existing us population origin (mainly from western europe) by
Senator Kennedy.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Actualy per country quota was made in 60s replacing and even more rigid system that alloted quotas based on existing us population origin (mainly from western europe) by
Senator Kennedy.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
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uslegals
12-20 02:00 PM
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
more...
gc03
06-06 10:39 AM
Good points.
Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
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sent4dc
08-25 08:36 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
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chanduv23
10-09 10:28 AM
^^^^^^^^^^^^
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cox
November 21st, 2005, 05:28 PM
I agree with #2 as best. #4 is also interesting, but I like the clarity & eye contact in #2. Great capture, Joey. :)
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ronhira
10-11 07:41 PM
poorslumdog is tunnel rat
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stucklabor
03-16 09:36 AM
I am not sure how we can conclude that there is massive corruption and mismanagement. According to this report, tons of immigration applicants knowingly commit fraud in their applications. For instance, people file frivolous I485 applications that have no chance of succeeding, just to get EAD/AP. USCIS is having trouble balancing the Presidential mandate to reduce the backlog - which means faster processing of each application - with the need to detect and prevent fraud, which means taking a longer time over each application.
The title of this thread is quite misleading, IMHO.
The title of this thread is quite misleading, IMHO.
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Almond
02-10 08:52 AM
Saurin did you mean yes you do have a pending I 485, because that was her question.
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transmit
March 28th, 2005, 03:36 AM
Yes, the SB800 is the best option for a flash with the D70 (http://www.noendpress.com/pvachier/cameras/nikon_D70.php). As for lenses, depends on what you need. I think the 50mm 1.8 is a great lens for only $100. Works very well for wider portraits and any kind of low light photography. If you have the money to spend, the 12-24 is also a very useful lens.