lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
wallpaper Sofia Vergara amp; William Levy
grinch
02-15 09:15 PM
haha dont give up man!
but nice case!
but nice case!
angelfire76
02-13 05:06 PM
You honestly believe that our problems are comprable to the suffering that the real victims of ethnic cleansing go through?
2 different kinds of torture. The mental and the physical. Even though the extent to which we are being made to suffer (voluntary though) is not even close to the ethnic cleansing, all this anxiety about one's future is sure to send us to an early grave.
You cannot treat people like doormats, removing them when not needed as much. Business is a 2-way street.
2 different kinds of torture. The mental and the physical. Even though the extent to which we are being made to suffer (voluntary though) is not even close to the ethnic cleansing, all this anxiety about one's future is sure to send us to an early grave.
You cannot treat people like doormats, removing them when not needed as much. Business is a 2-way street.
2011 2011, william levy y
qasleuth
05-26 05:16 PM
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
http://www.usborderpatrol.com/Border_Patrol608_2.htm
more...
gopalkrishan
08-10 09:24 PM
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
I am an EB2 filer, but I totally support EB3 cause few of my close ones are in that boat .. Anyways, this post is for GK_2000 .. If you have it in you to start an idea, light a spark etc etc .. then please learn to follow it through ..
Agreed that you don't agree with redgreen, might even be angry st such a reply, but humility is the right approach here .. Your response could have been better .."in that case could you suggest a better idea etc.." .. The response you have given does not help your attempts as people may perceive it to be an attitude problem or just "thread by an EB3 ranter".. Every great person including Mahatma Gandhi was ridiculed/scoffed when trying to start something new, but they knew hostility does not beget hostility .. Learn to hear others as you may might some new thread of information or avenues of thoughts, even in their vehemence..
Just my 2 cents and in case you find this offensive too, then I apologize in advance ..
Regards,
Gopal Krishan
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
I am an EB2 filer, but I totally support EB3 cause few of my close ones are in that boat .. Anyways, this post is for GK_2000 .. If you have it in you to start an idea, light a spark etc etc .. then please learn to follow it through ..
Agreed that you don't agree with redgreen, might even be angry st such a reply, but humility is the right approach here .. Your response could have been better .."in that case could you suggest a better idea etc.." .. The response you have given does not help your attempts as people may perceive it to be an attitude problem or just "thread by an EB3 ranter".. Every great person including Mahatma Gandhi was ridiculed/scoffed when trying to start something new, but they knew hostility does not beget hostility .. Learn to hear others as you may might some new thread of information or avenues of thoughts, even in their vehemence..
Just my 2 cents and in case you find this offensive too, then I apologize in advance ..
Regards,
Gopal Krishan
chanduv23
03-17 10:08 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Chances are that the volume of Subsitutions and porting PD is massive in July , 2007. Almost every Tom, Dick and Harry filed for 485 at that time. News spread like wild fire about the availability of visas and lawyers and consulting companies wanted to do maximum utilization and maximum business. People applied substituted labors for their cousins, friends etc.... and got EAD and AP, May not be working for the sponsering employer.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Chances are that the volume of Subsitutions and porting PD is massive in July , 2007. Almost every Tom, Dick and Harry filed for 485 at that time. News spread like wild fire about the availability of visas and lawyers and consulting companies wanted to do maximum utilization and maximum business. People applied substituted labors for their cousins, friends etc.... and got EAD and AP, May not be working for the sponsering employer.
more...
alisa
01-27 12:39 PM
Arghhh!!!! I didn't want to start this.
Lets hope things change to improve your situation in conjunction with improving my situation, and not at the expense of it.
Well Alisa,
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
Lets hope things change to improve your situation in conjunction with improving my situation, and not at the expense of it.
Well Alisa,
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
2010 William Levy, Elizabeth
ski_dude12
03-09 02:23 PM
No change for EB2-I.
more...
abhijitp
07-24 12:07 PM
I'll do it first thing as soon as I receive.
Somebody was saying CIS will reject before issuing RN.
Is that possible?
We will get the RN most likely after August 17, so can we send another document pertaining to our already submitted AOS?
I am trying to determine if it is worthwhile submitting a fresh I-485 along with this letter (and is there any risk at all with it). Suggestions welcome.
Somebody was saying CIS will reject before issuing RN.
Is that possible?
We will get the RN most likely after August 17, so can we send another document pertaining to our already submitted AOS?
I am trying to determine if it is worthwhile submitting a fresh I-485 along with this letter (and is there any risk at all with it). Suggestions welcome.
hair William Levy Fans
webm
03-19 03:52 PM
May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved,
Approval depends on luck again as you know sometimes they follow random process and by that time dates can go back or stand still or fwd..no wonders anything can happen..
Approval depends on luck again as you know sometimes they follow random process and by that time dates can go back or stand still or fwd..no wonders anything can happen..
more...
CADude
07-23 11:17 PM
is she using her own FAQ? USCIS FAQ has different question at Q9.
So does my lawyer per the FAQ she sent earlier:
Q9: My adjustment was already filed. Do I have to re-file now?
A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.
So does my lawyer per the FAQ she sent earlier:
Q9: My adjustment was already filed. Do I have to re-file now?
A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.
hot Udi Levy - Ahava (2011)
thomachan72
05-26 08:07 PM
as one member mentioned I am planning to take photocopy (notarized) of my visa and I-94 and carry one copy in the car. I am sure they are not out there to capture H1b/L1 visa holders who are ilegal. They will have to search for years before they can find somebody. There are very very very few it all any of us who might be present ilegally and they very well should know that by now. The should be more concerned about those who come on B1/B2 or other visas like artists etc. These are likely to overstay but 99% of us EB people are legal and very careful to be legal always. But anyway thanks for posting, I am getting my photocopy ASAP.
more...
house william levy y su familia.
johnifanx98
04-04 03:16 PM
Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It�s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.
Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.
I still believe this bill may help reshape current mad behavior of H1B application. IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.
Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.
I still believe this bill may help reshape current mad behavior of H1B application. IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.
tattoo William Levy
styrum
01-18 12:43 PM
This is obvious that it is the "Green Card" and/or temporary visas stamped in the passports of tourists and other short-term visitors that were meant in this law. Then it makes sense, of course: visitors usually don't have any form of identification other than their passport with a visa and immigrants have a small plastic "green card".
When this law was being written apparently nobody was keeping in mind that there would be "temporary aliens" who are not tourists but people like us, who have lived in the country for many years but don't have an easy to carry "alien registration card" (official for GC) yet. It is absolutely understandable if you recall the CIR discussion in the congress: if any regular person listened to the debate he would be absolutely convinced that with respect to the immigration issue the only categories of people that exist are 1. Legal permanent residents, who have all the rights, same as citizens and no problems. 2. People who want to immigrate to US but currently live outside the country and "are waiting in line" 3. Illegals.
We don't exist!
When this law was being written apparently nobody was keeping in mind that there would be "temporary aliens" who are not tourists but people like us, who have lived in the country for many years but don't have an easy to carry "alien registration card" (official for GC) yet. It is absolutely understandable if you recall the CIR discussion in the congress: if any regular person listened to the debate he would be absolutely convinced that with respect to the immigration issue the only categories of people that exist are 1. Legal permanent residents, who have all the rights, same as citizens and no problems. 2. People who want to immigrate to US but currently live outside the country and "are waiting in line" 3. Illegals.
We don't exist!
more...
pictures by lt;3 FANS DE WILLIAM LEVY Y
gccube
03-17 01:18 PM
Current as per the April'08 bulletin
dresses house William Levy te hara
gsc999
04-21 10:49 PM
I stayed till 6:30 p.m. and got an opportunity to briefly talk about Immigration Voice and commended his initiative on solving this issue.
Here is my take:
- Lot of IV members showed up, around 50. Please correct me if I get that right.
- Per my understanding Gutierrez came to CA, even though he is from Illinois to seek and reinforce support from California representatives, since CA is the swing state as far as immigration is concerned. Legal as well as undocumented.
- A lot of Latino origin people showed up. Well, no surprises there. Most of STRIVE does deal with undocumented immigration. Infact, it might be better that way. We keep low public profile but hard and strong lobbying.
- I asked Rep. Gutierrez if STRIVE bill had enough Republican support to pass the House. He mentioned that he is working to do that.He wants us to contact Republicans reps., not just the Democrats.
- It was good learning experience. I wasn't expecting a structured Q&A session. A suggestion: It would be great if we can trash out a strategy among ourselves and designate a spokesperson.
- I gave a brief interview video interview to the office of a State Senator from Sacramento. I mentioned about IV and our goals.
- It did looked like a Spanish affair but it is our preogative to speak up.
Here is my take:
- Lot of IV members showed up, around 50. Please correct me if I get that right.
- Per my understanding Gutierrez came to CA, even though he is from Illinois to seek and reinforce support from California representatives, since CA is the swing state as far as immigration is concerned. Legal as well as undocumented.
- A lot of Latino origin people showed up. Well, no surprises there. Most of STRIVE does deal with undocumented immigration. Infact, it might be better that way. We keep low public profile but hard and strong lobbying.
- I asked Rep. Gutierrez if STRIVE bill had enough Republican support to pass the House. He mentioned that he is working to do that.He wants us to contact Republicans reps., not just the Democrats.
- It was good learning experience. I wasn't expecting a structured Q&A session. A suggestion: It would be great if we can trash out a strategy among ourselves and designate a spokesperson.
- I gave a brief interview video interview to the office of a State Senator from Sacramento. I mentioned about IV and our goals.
- It did looked like a Spanish affair but it is our preogative to speak up.
more...
makeup William Levy - hot face
StarSun
03-15 10:11 AM
Volunteers, please contact Vin13, if you know of any member willing to make the trip to DC for all 3 or 4 days from the west and mid west regions. He has enough air miles for a couple of tickets.
girlfriend triunfo de amor william levy.
Jaime
09-10 12:27 PM
Your employer is exploiting you and you want to change jobs, but can't - Your employer is exploiting your H1-B status by underpaying you and overworking you, and perhaps even withholding your visa papers from you. Most people in that situation would have left and gotten another job, but you can't because then you'd have to start your green card process all over again, and not all companies will sponsor you for a GC either.
hairstyles Sofia Vergara amp; William Levy
gbarquero
09-13 11:52 AM
Everyone bring U.S. flags if you can!!! (ONLY U.S. Flags - thanks!!!)
I think this is very important, I asked in the past about it but I got no answer.
It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?
I think this is very important, I asked in the past about it but I got no answer.
It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?
BharatPremi
03-17 12:14 PM
If we assume this poll is a mirror of actual application load at USCIS then 70% applications were filed before January 2005 (529/750). Out of 529, 223 were filed during June 2003 or before (42% load). Now during last May-June 2007 EB3-I's current PD reached to June 2003. So assuming current stuck ones were product of either PBEC/DBEC labor approval delay and /or Name check delay, they will be virtually ready to go, I mean get a GC rightaway. People with PD having DEC 2003 and before will have fair chance as well.
Dhundhun
07-12 11:06 AM
http://www.immigration-law.com/
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
To be precise:
USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.
Reference: http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.
Today's Processing Dates are:
TSC EB I485 Processing Date July 17, 2007
NSC EB I485 Processing Date July 28, 2007
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
To be precise:
USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.
Reference: http://www.uscis.gov/files/article/2yrEAD_FAQ_061208.pdf
The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.
Today's Processing Dates are:
TSC EB I485 Processing Date July 17, 2007
NSC EB I485 Processing Date July 28, 2007