reddog
01-27 10:45 PM
It is unlawful for an alien admitted on a non-immigrant visa to own a firearm(with one exception).
So, if you want to own a gun, read on....
The case where this 18 USC 922(g)(5)(B) was mentioned elaborately was United States vs ELRAWY.
And it clearly is re-affirmed what is stated in the law on Unlawful acts(Sec 922) for FIREARMS, that '(g)It shall be unlawful for any person - (5) who, being an alien - (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
The case: http://bulk.resource.org/courts.gov/....04-20123.html (http://bulk.resource.org/courts.gov/c/F3/448/448.F3d.309.04-20123.html)
The case clearly notes that a person on Adjustment on status remains on the last admitted visa status until the Adjustment of Status is approved. So there is no ambiguity there.
A person even after he has applied for adjustment of status can remain in the country, but for ownership of a gun, he falls back on his visa status.
However, the law clearly states an exception for the person who is an alien that is on a non-immigrant visa - the (y)(2) part:
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. - (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
Link: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20 (http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20)
In short, apply and get a Hunting Licence from the State DNR., take the safety courses and then apply for the State firearm ID.
And, if your licensing authority knows about this exception(hunting) in the law, they will issue you a license.
If not, they will reject your application. If so, You might want to bring this section to their notice.
So, if you want to own a gun, read on....
The case where this 18 USC 922(g)(5)(B) was mentioned elaborately was United States vs ELRAWY.
And it clearly is re-affirmed what is stated in the law on Unlawful acts(Sec 922) for FIREARMS, that '(g)It shall be unlawful for any person - (5) who, being an alien - (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
The case: http://bulk.resource.org/courts.gov/....04-20123.html (http://bulk.resource.org/courts.gov/c/F3/448/448.F3d.309.04-20123.html)
The case clearly notes that a person on Adjustment on status remains on the last admitted visa status until the Adjustment of Status is approved. So there is no ambiguity there.
A person even after he has applied for adjustment of status can remain in the country, but for ownership of a gun, he falls back on his visa status.
However, the law clearly states an exception for the person who is an alien that is on a non-immigrant visa - the (y)(2) part:
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. - (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
Link: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20 (http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20)
In short, apply and get a Hunting Licence from the State DNR., take the safety courses and then apply for the State firearm ID.
And, if your licensing authority knows about this exception(hunting) in the law, they will issue you a license.
If not, they will reject your application. If so, You might want to bring this section to their notice.
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Karthikthiru
10-05 02:51 PM
Did my share of it. Sent an e-mail to the editor
Thanks
karthik
Thanks
karthik
anilnag
01-23 04:46 PM
All the positive comments about EB3 I cutoff movement seem to emnate from the possibility of passing the Senate Bill 9 sometime this year. Below links have more information about these.
http://24ahead.com/comprensive-immigration-reform-returns-s9-stronger-economy-s
http://www.immigration-information.com/forums/showthread.php?t=6958
Reading the posts, it looks like immigration reform is on priority for new congress because it is one the first 10 placeholder Bills.
http://24ahead.com/comprensive-immigration-reform-returns-s9-stronger-economy-s
http://www.immigration-information.com/forums/showthread.php?t=6958
Reading the posts, it looks like immigration reform is on priority for new congress because it is one the first 10 placeholder Bills.
2011 Relax Bieber fans, you haven#39;t
hiralal
08-03 11:15 PM
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated. I don't understand why most of the people are ignoring this simple fact. I think we need to stop consider USCIS a mystery box, and start treating it like an organization that processes the applications in a structured way.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
more...
vbkris77
03-27 10:15 AM
How about we will bet for/against predictions and let all the proceedings go to IV???
ca_immigrant
01-13 01:53 PM
Thanks God there is atleast some movement....there might be a few folks out there that are happy !! (I am not anywhere close yet !)
more...
fall2004us
09-22 05:34 PM
called them all..lets hope for the best:)
2010 It Gets Ugly!
chanduv23
09-22 04:57 PM
A very horrible psychopath who has proven himself to be a loser all his life has given me a red with the following " hehehehehhehehehehh" words for my above post.
My message to whoever gave me a red - u r such a loser.
Invoking AC21 is easy, but you need to know what you can expect and how to resolve it
(1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
(2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
(3) Your new job must be in same or similar category.
(4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
(5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
(6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.
Hope this helps
My message to whoever gave me a red - u r such a loser.
Invoking AC21 is easy, but you need to know what you can expect and how to resolve it
(1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
(2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
(3) Your new job must be in same or similar category.
(4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
(5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
(6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.
Hope this helps
more...
rashu_gulati
08-18 12:32 PM
Called USCIS on friday and asked them to expedite since i can lose by job. current ead expires on sept 5 th and filed renewal on june 24th. I see so many cases getting approved with much later dates.
Any sugestions on what steps to follow?
my company won't let me work even 1 day after ead expiration
Any sugestions on what steps to follow?
my company won't let me work even 1 day after ead expiration
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alterego
07-21 03:44 PM
There are a few points to be made here.
First, there are many procedural votes and we are not always privy to the happenings behind the scenes. This was alluded to in other places.
Secondly, although it was defeated, there was a healthy simple majority and this augurs well for any reconciliation process.
Finally, any impetus for immigration provisions are likely to emerge form the house side, who have been seeing our plight up close. There are likley to be some behind the scenes arrangements made and the final agreement may look slightly different. For example getting Sen. Durbin's support by getting in the H1b restrictions will get the support of some more Democratic members, they could then proceed with the favourable provisions. All said however, it is likley they wil do this as a rider to some bill rather than in the glare of the public as a stand alone bill.
I just hope the staunch CIR folks, become a little more pragmatic and stop being a hindrance, and stop holding legal immigrants hostage to their issues. They after all call themselves pro-immigrant, right? Ironically convincing them of that seems to be our most difficult hurdle.
First, there are many procedural votes and we are not always privy to the happenings behind the scenes. This was alluded to in other places.
Secondly, although it was defeated, there was a healthy simple majority and this augurs well for any reconciliation process.
Finally, any impetus for immigration provisions are likely to emerge form the house side, who have been seeing our plight up close. There are likley to be some behind the scenes arrangements made and the final agreement may look slightly different. For example getting Sen. Durbin's support by getting in the H1b restrictions will get the support of some more Democratic members, they could then proceed with the favourable provisions. All said however, it is likley they wil do this as a rider to some bill rather than in the glare of the public as a stand alone bill.
I just hope the staunch CIR folks, become a little more pragmatic and stop being a hindrance, and stop holding legal immigrants hostage to their issues. They after all call themselves pro-immigrant, right? Ironically convincing them of that seems to be our most difficult hurdle.
more...
desidream
07-20 03:32 PM
Guys
Don't worry about this bill being rejected. I am pretty sure one way or the other they need to increase the EB visa number soon, else definetely USCIS will be in big trouble with thousands of applications sitting there for them, now having said that USCIS will find a way to get some bill which will have EB visa count increased passed in congress, so untill then cheer up and complete your filing.:) :) :)
Don't worry about this bill being rejected. I am pretty sure one way or the other they need to increase the EB visa number soon, else definetely USCIS will be in big trouble with thousands of applications sitting there for them, now having said that USCIS will find a way to get some bill which will have EB visa count increased passed in congress, so untill then cheer up and complete your filing.:) :) :)
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chennaigc
08-05 12:13 AM
Very true, I will be a SENIOR CITIZEN pretty soon.
..pretty sure YOU have B.P too . What pills you are you taking?
..pretty sure YOU have B.P too . What pills you are you taking?
more...
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eager_immi
07-18 04:19 PM
what kind of attitude is this. If he/she is eligible to apply they should apply.
Guys who r going 2 get married and have their PD after Dec 2006 and have atleast 2 years of H1-B period left!!Y apply 485 now and wait for atleast 3 to 4 years to apply your spouses. The way I see it you can only apply your spouse's 485 when the PD becomes current again!!Instead y not wait 3 to 4 years and apply simultaneously!!Atleast give the guys who have older PD's a break!!
Guys who r going 2 get married and have their PD after Dec 2006 and have atleast 2 years of H1-B period left!!Y apply 485 now and wait for atleast 3 to 4 years to apply your spouses. The way I see it you can only apply your spouse's 485 when the PD becomes current again!!Instead y not wait 3 to 4 years and apply simultaneously!!Atleast give the guys who have older PD's a break!!
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desi3933
06-19 10:22 AM
Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.
Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.
Do I need 140 copy that time too?
Not Needed, but nice to have.
Again thank you very much for your response.
You are welcome. Good Luck.
See above in Blue.
Please verify details with your lawyer/attorney. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.
Do I need 140 copy that time too?
Not Needed, but nice to have.
Again thank you very much for your response.
You are welcome. Good Luck.
See above in Blue.
Please verify details with your lawyer/attorney. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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sheela
07-19 10:59 AM
EB2, Jul 02, NSC: 7.55
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waiting4gc02
06-19 08:24 AM
Guys:
Just checked the AP and EAD dates are back within the 90 day limit at all centers.
No Panic..!!!!
Just checked the AP and EAD dates are back within the 90 day limit at all centers.
No Panic..!!!!
more...
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gc28262
09-23 10:27 AM
Made another round of calls !
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ohguy
09-27 09:45 PM
Which center did you apply and where did you send the supporting documents?
Did you send it to the address generated on the receipt?
We applied for my wife EAD/AP on June 7, 2010 (E-file)
Her EAD was approved in few weeks back but there is nothing on her AP.
Her LUD change was on 6/11/2010 when they issued the receipt.
We called USCIS and initiated SR. Still no change in LUD.
Infopass is not a great option for us (3 hour drive one way). Any help is appriciated.
(We used to have POJ trick for calling NSC IO directly,
Does it still work?
If yes, what are the steps?)
Thanks in advance.
485_spouse
Did you send it to the address generated on the receipt?
We applied for my wife EAD/AP on June 7, 2010 (E-file)
Her EAD was approved in few weeks back but there is nothing on her AP.
Her LUD change was on 6/11/2010 when they issued the receipt.
We called USCIS and initiated SR. Still no change in LUD.
Infopass is not a great option for us (3 hour drive one way). Any help is appriciated.
(We used to have POJ trick for calling NSC IO directly,
Does it still work?
If yes, what are the steps?)
Thanks in advance.
485_spouse
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qasleuth
05-02 02:56 PM
What is this OBC battle you are talking about?
It has nothing to do with immigration but a bane of India.
It has nothing to do with immigration but a bane of India.
suresh.emails
12-12 09:41 AM
Looks like we need to catch hold �Larry King�. If we can project our Green Card issue through 'Larry King', then it would easily catch US National attention.
Can some one throw ideas on this please?.
Can some one throw ideas on this please?.
rongha_2000
03-18 05:15 PM
Thanks for your reply.
I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
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