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nogc_noproblem

04-24 09:48 AM

Live webcast can be viewed during the hearing

http://judiciary.house.gov/schedule.aspx

Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.

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WeShallOvercome

12-26 12:10 PM

Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?

thanks


Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.

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krishna.ahd

11-23 09:53 AM

if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess
Something is not right here .
If your are doing/Completing MBA , you may get all the information from your international /Student guidance office.
Again Just curious - your English (spellings) why is so - SMS format ??

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pappu

06-08 10:37 AM

/\/\/\/

Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.

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nanneh

04-30 02:05 PM

Here is the format that you need. I got this from my attorney.

AFFIDAVIT
OF BIRTH

I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.

3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.

Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_



___________________________ ________________________
Notary Public Official Seal

Thank you Mr. apk1928.

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vfwlkr

04-08 03:16 PM

PD: July 01 EB3 India
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006

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gdhiren

05-08 10:24 AM

There is nothing to be afraid of. I don't think they will even ask where you work. Just talk about Employment based GC retrogression problem and Immigration Voice. They are not interested in hunting down you or your company.

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jchan

05-14 05:25 PM

As far as I know, there is another one for US Educated Advance Degree in STEM. But I don't remember the number of the bill.

On what basis are you saying this?
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.

We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.

PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.

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ganguteli

04-23 09:24 AM

Focus on your goal. Emotions may not take you there.

If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

It is your choice. And yes you can file legal case against law firm. But then what?

Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.

You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.

Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006

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LondonTown

07-24 10:50 AM

Yes, this is administrative processing.
Did VO kept your passport?

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nozerd

10-08 11:48 PM

Texas has joined the bandwagon. Starting 10/1 anyone other than Perm Residents and Citizens will have to show proof of legal residency and will only be issued a 1 yr license that will look different from everyone elses. Seee details in the link below


http://www.chron.com/disp/story.mpl/front/6047852.html

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bobby

04-03 11:09 AM

I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW

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supreet

06-07 04:42 PM

Hi Surpreet,

Did you explore more on ARRA? Is it OK to take that benifit during AOS?

Thanks
Hi Dhundhun,

Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.

Thanks

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minimalist

10-28 01:18 PM

Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.

I Wish God Give me Strength to Fight Legal Immigration Injustice.

When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad

So, I know god is with me.

Wish all so deserved people Green Card this year.
This is the first time I came across.

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zofa30

09-13 04:21 PM

Hi a_yaja,
Thank you very much for taking the time to give me an example. I appreciate it. I just have some comments/questions that will further clarify the situation for me.

1- You mantioned "For your date to be current, the cut-off date has to be July 8th, 2010 or later." I think you ment that the cut-off date has to be July 7th, 2006 or later because my Priority Date is July 7th, 2006 based on the example you gave?

2- Could you please guide me to the bulliten that states the cut off date for countries. That will help me to understand if it worth to worry about porting the PD or not.

3- I am not from China or India. Is that mean the priority date is current for Eb-2 + perm (employment based (2nd category))? If this is the case why should I worry about porting PD from old EB2 to new EB2?

Thanks,

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valatharv

07-16 01:28 PM

Thank you so much for support...

It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
I have heard that it helps.

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purgan

11-11 10:32 AM

Randell,
Congratulations on getting the attention of the Times, and your tireless efforts in spreading word of the broken legal immigration system.

===

New York Times
Immigration, a Love Story

http://www.nytimes.com/2006/11/12/fashion/12green.html

WHEN Kenneth Harrell Jr., an Assemblies of God minister in South Carolina, invited Gricelda Molina to join his Spanish ministry in 2000, it didn’t take him long to realize he had found the woman he had been waiting for. On the telephone and during romantic strolls they talked about their goals, their commitment to God and how many children each would like to have. Six months flew by, and he asked her to marry him.

“She’s a beautiful woman with a beautiful spirit, very gentle, very sincere,” Mr. Harrell said. But Ms. Molina, a factory worker, was also an undocumented immigrant from Honduras, who had crossed into the United States twice, having once been deported. Mr. Harrell, the pastor of Airport Assembly of God church in West Columbia, said he was not too concerned. “Whatever came, we would walk through this path together,” he said.

Mr. Harrell and Ms. Molina, both 35, married in 2001, in a large wedding attended by family from both sides and blessed by pastors in English and Spanish. But the Harrells no longer live together, not because of divorce, but because Mrs. Harrell, now the mother of two sons and four months pregnant with their third child, has been deported. She had applied for legal residency, or a green card, with her new husband as her sponsor, Mr. Harrell said, but she was sent back to Honduras 20 months ago because of her illegal entries and told she would have to wait 10 years to try again.

“Illegals are pouring over the border,” said Mr. Harrell, who has visited his family five times. “We meet them, we fall in love with them, we marry them. And then the government tears your family apart, and they take no responsibility for letting them in, in the first place.”

Falling in love and marching toward marriage is not always easy, but a particular brand of heartache and hardship can await when one of the partners is in this country illegally. The uncertainty of such a union has only been heightened by the national debate over illegal immigration. Whether the new Democratic leadership in Congress will help people like the Harrells remains to be seen.

It is hard to quantify how many people find themselves in Mr. Harrell’s situation, but with stepped-up enforcement in recent years, deportations have increased, and so have fears of losing a loved one in that way. (There were 168,310 removals in 2005, compared with 108,000 in 2000, immigration officials said.)

And that is only one byproduct of love between two people with such uneven places in society, immigration lawyers say. Many relationships strain under the financial burden of hiring lawyers for what can turn into years of visiting government offices, producing pictures, tax records and other evidence of a legitimate marriage in the quest for legalization. And while instances of immigrants faking love for a green card are in the minority, according to immigration officials, some couples feel pressure to marry before they are ready, hoping that marriage will prevent a loved one’s deportation.

Raul Godinez, an immigration lawyer in Los Angeles, said: “I ask people, ‘How much do you love this person? Because immigration is going to test your marriage.’ If you don’t feel it’s going to be a strong marriage, I wouldn’t do it.”

Many people may still believe that obtaining legal status through marriage is easy, because of periodic reports of marriage scams. In a three-year investigation called Operation Newlywed Game, immigration and customs enforcement agents caught more than 40 suspects in California for allegedly orchestrating sham marriages between hundreds of Chinese or Vietnamese nationals and United States citizens. But such fraud occurs in only a minority of cases, federal officials said.

In reality, immigration lawyers said, marrying a citizen does not automatically entitle the spouse to a green card and is only the first step in a long bureaucratic journey. The lawyers noted that changes in the law in the last five years have made this legalization path increasingly difficult, one worth choosing only if true love is at stake. (Other routes include sponsorship by immediate family members or an employer.)

The Harrells said they had no idea how difficult it could be and were shocked when Mrs. Harrell’s application for permanent residence was turned down, leaving them only 12 days to prepare for her departure. In that time, Mr. Harrell said, they decided that the children, now 4 and 3, would go with her. So Mr. Harrell obtained passports for them, and the church held a farewell service.

“It was very traumatic,” he said. “Our whole world was crashing around us.”

In Yoro, in north central Honduras, where Mrs. Harrell and the children live with her parents, she said the older boy constantly asks for his father, begging, “Let’s go to my papa’s house.” She has coped with her own dejection, too. “I know how much work he has over there,” she said by telephone. “He needs his wife.”

But even in the best of circumstances, when an immigrant enters the country legally, couples may have to rearrange their lives and defer their dreams.

Paola Emery, a jewelry designer, and her husband, Randall Emery, a computer consultant in Philadelphia, said they delayed having children and buying a house for the nearly four years it took the government to complete a background check for Mrs. Emery, who had entered the country from Colombia with a tourist visa and applied for permanent residency after they married in 2002.

Mrs. Emery, 27, said lawyers advised them it was not wise for her to risk trouble by visiting her close-knit family in Colombia and then trying to re-enter this country. She said she was absent through weddings, illnesses and even the kidnapping and rescue of an uncle.

“I felt like I was in jail,” Mrs. Emery said.

Officials with the Citizenship and Immigration Services in the Homeland Security Department say that delays lasting years are rare, but some immigration lawyers say they see clients who wait three to four years for security clearance. Mrs. Emery and her husband, 34, sued Homeland Security over the delays, and she was finally cleared last May. By then Mr. Emery had helped form American Families United, a group of citizens who have sponsored immediate family members for immigration, and which advocates immigration-law change to keep families together. Immigration Services officials say they are not out to impede love or immigration. Nearly 260,000 spouses of citizens received permanent residency through marriage last year, out of 1.1 million people who became permanent residents, according to the Immigration Services office. “The goal is to give people who are eligible the benefit,” said Marie T. Sebrechts, its spokeswoman in Southern California. She said the agency does not comment on individual cases.

When a legal immigrant is sponsored by an American spouse, she said, the green card can be obtained in as little as six months. But with complications like an illegal entry, laws are not that benevolent, Ms. Sebrechts said. In those cases, the immigrant usually must return to the home country and wait 3 to 10 years to apply for residency, though waivers are sometimes granted.

Such obstacles are far from the minds of couples when they meet. And for some, so is the idea to question whether the beloved feels equally in love with them.

Sharyn T. Sooho, a divorce lawyer and a founder of divorcenet.com, a Web site for divorcing couples, said she has represented American spouses who realized too late that the person they married was more interested in a green card than in living happily ever after. “They feel conflicted, used and abused,” she said. “It’s a quick marriage, and suddenly the person who was so sweet is turning into a nightmare.”

But more often, said Carlina Tapia-Ruano, the president of the American Immigration Lawyers Association, couples marry before they are ready because “there’s fear that if you don’t do this, somebody is going to get deported.”

Krystal Rivera, 18, a college student in Los Angeles, and her boyfriend fall into this group. Ms. Rivera is set on marrying in April 2008, even as she worries that it may put too much pressure on the relationship.

“I never wanted to follow the Hispanic ritual of getting married early,” said Ms. Rivera, a native of Los Angeles whose parents emigrated from Mexico.

She said she fell in love at 13 with a Mexican-born boy who sang in the church choir with her. “He started poking me, and I said ‘Stop it!’ ” she remembered.

Ms. Rivera is still in love with the boy, now 19, who was brought into the country illegally by his mother when he was 12. He goes to college and wants to become a teacher, while she hopes to become a doctor.

But for those plans to work, Ms. Rivera said, she needs to help him legalize his status. She said she has witnessed his frustration as he dealt with employers who didn’t pay what they owed him or struggled to find better jobs than his current one as a line cook. Because of his illegal status, he is unable to get a driver’s license or visit the brothers he left in Mexico. “We want to be normal,” Ms. Rivera said.

The Harrells, too, have decided to take charge. After months of exploring how to reunite the family and spending thousands of dollars on lawyers, Mr. Harrell has decided to leave his small congregation, sell his house and join his wife in Honduras. He will be a missionary for his church for a fraction of the $40,000 a year he makes as a minister.

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VenuK

07-15 08:09 PM

any advices pls....

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va_dude

08-31 11:51 AM

I think there's a whole lot of people who haven't received a notice for the second round of FP and there is a group who have received it too.

My attorney also suggested that uscis is working on reusing the initial FP. Not sure if there's any truth to this.

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amitjoey

05-28 12:27 PM

Greatly apprecite if anyone can give their inputs...

I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

So my query is...

1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

Any inputs will be greatly apprecited....


PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.

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gc28262

03-11 09:28 AM

I had the same issue. Still awaiting my AP which was applied in Nov 2008.
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.

I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.

Finally I called them again, this time I talked to a more knowledgeable accommodating IO.

Keep calling the service center till you get an instruction similar to the following.

This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos

Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation

Post it to the following address

USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)

On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached

------------------------------------------------------------------

I am still awaiting my AP after doing this. :confused:

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