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freddy22
07-20 07:34 AM
The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.
Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.
Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.
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raysaikat
01-23 12:13 AM
Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?
Nunc pro tunc means a retroactive action normally used to correct past clerical errors. For instance, suppose your birth year is 1978 and in a form you put 1987. You may be able to retroactively correct that, which would be a nunc pro tunc.
Your problem is not a clerical error; you did not file H1-B in the first place and started working. I will be extremely surprised if you can make USCIS accept (what is in essence) a back-dated H1-B petition!
Nunc pro tunc means a retroactive action normally used to correct past clerical errors. For instance, suppose your birth year is 1978 and in a form you put 1987. You may be able to retroactively correct that, which would be a nunc pro tunc.
Your problem is not a clerical error; you did not file H1-B in the first place and started working. I will be extremely surprised if you can make USCIS accept (what is in essence) a back-dated H1-B petition!
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wa_Saiprasad
12-14 10:09 AM
Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators’ for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.
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pappu
12-31 09:03 AM
Is your case complicated or has multiple applications?
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rongha_2000
07-17 03:55 PM
I am ashamed to read these comments coming from "highly skilled" people. Administrators please take preventive steps. We dont want some sickos malign IV. :mad: :mad:
Murthy is a she...and I would but I'm not single. ;)
Murthy is a she...and I would but I'm not single. ;)
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v2neha
04-07 05:50 PM
When we applied for B2 extension for my parents-in-laws (for their second visit - not the first one), we did not have a decision until few days before expiry of their original I-94. I called the USCIS (it was INS or CIS at that time) and the customer rep told me that while a visa extension application is pending, their stay is authorized by the attorney general and their presence in the USA is not unlawful. If the application was denied, they would need to leave USA immediately to avoid accruing unlawful presence. The extension got approved eventually and they left the country before expiry of new I-94. Since then, they visited us three more times and we extended their stay one more time.
However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
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dealsnet
07-23 02:12 PM
See this thread for it.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
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Motivated
10-27 09:22 AM
to Motivated...
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
at least there is some action involved, you should join too....especially if you are from WI
just saying meragcdedobhai - won't get it.
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
at least there is some action involved, you should join too....especially if you are from WI
just saying meragcdedobhai - won't get it.
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puskeygadha
07-17 02:33 PM
any news from fragemon
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onemorecame
03-26 01:09 PM
I Wish "C" for all category
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manja
06-29 04:17 PM
Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.
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anilsal
12-01 08:40 PM
via regular mail. There is no tracking available. If it is lost, it is lost. That is what I hate about both the EAD and AP process.:mad:
In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.
In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.
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arun_psu
12-08 10:53 PM
I have the following visa stampings F1(1998 Chennai), H1B(2002 Chennai), F1(2006 Matamaros) and am currently on H1B (not the 2002 company). Am I eligible for stamping in one of the border posts?
thanks
arun
thanks
arun
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dealsnet
08-04 03:28 PM
I think the abused spouse cause is for the people getting GC with family based catagory. The temporary GC holder after marriage can do this with the help of the lawyer. The spouse abuse and all kind od stuff, to get GC if the husband/wife is not supportive. I know a person got that way after he is abused by his wife and got separated after she bring him from India.
For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
Talk with a lawyer to find out the options.
Best way is to reconcile with the husband.
She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.
If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer
Rajesh
For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
Talk with a lawyer to find out the options.
Best way is to reconcile with the husband.
She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.
If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer
Rajesh
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gcpain
03-29 08:22 AM
I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
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dingudi
03-09 03:34 PM
Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
more...
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Munna Bhai
12-10 08:09 AM
Thanks for your response. Good to hear that I can file while I am outside the US.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.
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plassey
07-24 09:58 AM
These are some good options but don't agree fully with F-1 strategy. For F-1 u have to show non immigrant intent. So u can delay ur marriage registeration. I think it is better if he applies for F-1 without disclosing that he is married.
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
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shree772000
07-20 08:12 AM
In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.
Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.
And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.
I plan to go back regardless of GC.
Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.
And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.
I plan to go back regardless of GC.
mohitb272
03-20 06:29 PM
Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.
imm_pro
11-16 11:20 PM
my company went thru a round of layoffs and the lawyer made me wait for 6 months before filing for labor at that time....but the ad process was in progress during this time..
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