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  • belmontboy
    03-15 09:31 PM
    Gurus,
    Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
    1. Is it safe to travel to India and come back on AP?
    2. What are the possible chances that visa officer may not let me into the USA?
    3. Do I need to carry any letters from my criminal attorney explaining the situation?
    4. Any one in similar situation, please update me on this?
    5. Please list of documents I need to carry during my travel

    Please reply and post your valuable opinions/suggestions/advices.

    Appreciate all your inputs.

    Have a nice day!!!

    Thank you,
    Sahaayam.

    There are few things you need to findout first:
    1.) what section did u get conviction? does this section constitute a CMT in your state?
    2.) if its a CMT, then what was the maximum sentence for this crime in your state?

    Do research on "inadmissibility" w.r.t CMT's. There are waivers for first time offenders. See if you qualify for any.

    Since these vary state to state, I am not sure if any on this forum could help you. Also not to mention, only an expert could give you correct advise on this.

    I suggest the best person to get this addressed is criminal immigration attorneys. If you are from state of CA, you could research on Norton Tooby.

    Good luck and god bless





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  • nc14
    05-06 04:12 PM
    Anyone from Cincinnati, Dayton, Indianapolis area who wants to plan the trip together. Flights from Dayton to BWI is for $157 roundtrip.





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  • ianlock
    06-14 04:39 PM
    I opted for the CP option as well. My I-140 was approved in Oct 06 and thats when my attorney received the package for Consular processing from NVC.
    Although my PD is not current yet, my lawyer asked me to pay the fees so that they can send the packet back to NVC. I am not sure what to do as my PD is not current yet.


    How the hell did you get packet 3 from the NVC before you PD was current.??

    I didnt think that was possable?





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  • chantu
    06-24 11:38 AM
    In EAD form, they are asking about previous EAD info..like which service center, what date, GRANTED or REJECTEd etc.. Now I had two EADs..one is OPT and other one I got last year. Do I have to write info for both one or just for last year?? In last year's form, I wrote info about my OPT. But what now?



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  • Sree Swathi
    04-21 02:06 PM
    A Quick Question.

    Can parents stay here for 5 1/2 months go back for say a month or two and come back again for 5 1\2 months? Would this pattern be suspected during visa renewal?


    sachuin23...don't do this...they can revoke your parents 10 year visa and they need to go and get visa again..this is too much stress on parents.

    i know, my friend's parents did this...while entering they were held for many many hours. Finally they got entry permit and told them for 1 year, they are not suppose to enter back again. If they do, visa will be revoked.





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  • Marphad
    01-13 05:54 PM
    are logic life ko nahi jaante aap?

    logiclife is a bhagwan .... he is sabka baap .. sabse bada saanp.... aaj kal chup chaap :D:D


    (translation: ramblings in hindi language ... the crawling vb has made me sick & delirious)

    I think you meant "saab" and not "saanp" ;). Or it was a deliberate mistake :D Just kidding.



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  • vishal
    08-24 03:10 PM
    Hi all,
    my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.





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  • jonty_11
    07-06 02:25 PM
    Just a hypothetical question, if AILF withdrew from a lawsuit, then waht?
    is that a question or wer eu trying to start another rumor?



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  • Kodi
    07-10 11:50 AM
    USCIS is aware of it but they're not planning on keeping it.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D





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  • raydon
    08-18 09:46 PM
    Roy Beck, Norman Matloff and Lou Dobbs are jerks, these clearly racist, xenophobic assholes have some appeal to the fringes of the right and a few on the left.

    Most of the Democratic lawmakers give a damn to these idiots.

    I rarely call anyone a racist - but here it is, the evidence is all there on Youtube, and the internet.

    Sorry for the language IV - but these freaks deserve it.

    No need to apologize. All these desperate actions show that NumbskullsUSA is scared and trying hard to scuttle this by any means - fair or foul. More power to us and wishing failure for their evil racist agenda. NumbskullsUSA should be designated as a hate group like the KKK.



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  • vivache
    09-22 03:36 AM
    Yes .. if people are pumped up now, we have the media looking in, we should push with all we have. No point making this a 5 year Plan.
    Let's think 3 months and max mileage/reach.





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  • SR2610
    04-03 10:44 AM
    Mr.Bheemi,

    Think twice before you post something on the forum, IV is a volunteer organization and core members are spending their valuable time to do something good for all of us.

    If you think items need to be prioritized, share your thoughts, work with core team, post some analysis which makes sense, etc.

    -SR

    I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
    If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....

    Can somebody calrify if these options will anyway include in this bill..by means of ammendements...



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  • siravi
    10-12 05:27 PM
    yes

    see you then.





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  • alien2006
    10-24 10:19 AM
    I know a EB2 India application (obviously not mine) that was approved after this July fiasco and no where I could find his PD date current in those previous months (except July where everyone was current). After this guy got his GC, I am convinced there is no "system" in place. It is all random and you can't really predict anything. :mad:

    Congrats OP :-)



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  • sandeep_1
    08-18 02:11 PM
    If you read through the forums, there are few suggestions.

    a) Call USCIS and submit a service request to expedite the process.
    b) Fax NSC with a request to expedite the process based on humanitarian ground.
    c) Wait.


    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





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  • hetuweb
    10-23 09:38 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    congratulation on ur grand success of getting green card.



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  • ivslave
    09-11 04:27 PM
    ^^^^^^





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  • chanduv23
    02-23 01:08 PM
    My lawyer advised against filing AC21 proactively. His opinion is that it may trigger a big RFE requiring financial details of the new employer. How true is this? I have a feeling my previous employer might withdraw my approved I-140 on the advice of their corporate lawyers (Fragomen, who I believe recommend I-140 withdrawal as past of their standard procedure when an employee leaves). I would like to preempt that and file AC21 documentation.

    Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.

    Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.

    My recomendation is to hire a ethical and realistic lawyer and not a greedy one





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  • gcisadawg
    01-21 11:41 PM
    I agree with most of the posts here ..there have been lot of ideas but everyone needs to be more serious ...IV core has to come up with a new campaign. ultimately the question is do we wait for something to happen or do we try for make things happen ..
    "my idea was to come up with a letter campaign Thanking USCIS for the massive delays and wastage of visas which has prevented many hard working immigrants from buying a house at peak values"
    it does not matter if you are a homeowner or not ..just participate (USCIS is not going to double check) ..there will be awareness that USCIS is broken just like Brown's FEMA (the person who was in charge during katrina fiasco)...and maybe USCIS will come out with facts. ofcourse some backlash is to be expected since we waited for too long and now we are in recession !! (also Obama is not going to do anything on his own so soon as he has major major problems to solve first)
    ofcourse Core has to endorse such a campaign ..if someone has better idea ..please share ..don't be an idiot and offer only criticism to other people's idea unless u have something better !!
    at the very least ..let us think and maybe everyone should come up with ideas ..and in the end let us have a poll and choose one campaign idea and go with it ..needless to say at the same time ..every member should try to spread word about the campaign and get atleast 5 new IV members (just like Amway networking)

    albertpinto,

    I agree with your idea. But time might not be ripe. I'm not sure how we can get attention for legal immigration when the economy is so bad. This is like a downtime. We can use this time to strengthen IV as an organization. We need to prepare for war (activism) when there is peace (downtime). I agree with Pappu, we need to spread the word of IV as much as possible. I've to go beyond my friend's circle as most of them have a GC in hand! :D

    Regards,
    GCisaDawg





    GCKaMaara
    01-13 12:41 PM
    It's here guys :


    http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html

    No EB3 movement :mad::mad:





    EkAurAaya
    05-14 05:20 PM
    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!
    =======================
    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.



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