Ann Ruben
08-05 02:34 PM
Based on the information you have provided, I do not think there is any cause for you to be worried about being deported.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
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kodey7
12-10 02:52 AM
Hi,
I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.
Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.
If anyone here has any information/experience about this, I would appreciate a response.
Thank you.
I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.
Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.
If anyone here has any information/experience about this, I would appreciate a response.
Thank you.
GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
2011 Dbma7, DbM7, C# Major 7,
mdy_tvr
09-26 05:05 PM
Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.
Thanks.. I appreciate it
Thanks.. I appreciate it
more...
Blog Feeds
05-25 08:30 AM
Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
meridiani.planum
11-20 11:36 AM
- If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
the second H1 should be marked for concurrent employment. As long as you follow all rules of the H1 LCA, there is no problem.
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
the second H1 should be marked for concurrent employment. As long as you follow all rules of the H1 LCA, there is no problem.
more...
gsc999
07-31 11:09 PM
Hi,
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
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aksaharan
09-24 03:46 PM
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
more...
akilaakka
04-25 09:49 AM
The president can do very little about this. Indeed he tried. It is the congress .
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meridiani.planum
06-03 12:40 PM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
If spillover kicks in (& it should in July) then both China and India will have to move together (exact same cutoff date, because the law says spillover visa's are to be used evenly by those in the same category. USCIS has been doing horizontal spillover, so all EB2's will be equally eligible and have the same cutoff.
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
If spillover kicks in (& it should in July) then both China and India will have to move together (exact same cutoff date, because the law says spillover visa's are to be used evenly by those in the same category. USCIS has been doing horizontal spillover, so all EB2's will be equally eligible and have the same cutoff.
more...
vactorboy29
02-13 01:52 PM
http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.
Can we get any help from these guyes?
Can we get any help from these guyes?
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bayarea07
07-18 04:02 PM
There is already a seperate forum for that,in which a long discussion is already goin on, please post your questions there.
more...
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Mahatma
01-15 09:26 AM
To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.
For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.
My guess is: this is well known fact and may not need attorney. See what others say.
For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.
My guess is: this is well known fact and may not need attorney. See what others say.
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obviously
07-26 11:11 PM
http://www.dhs.gov/xabout/structure/biography_0079.shtm
Recommend that we contact the Office to present our inputs on the effects of the systemic problems in the current processing system.
Recommend that we contact the Office to present our inputs on the effects of the systemic problems in the current processing system.
more...
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485_spouse
09-28 05:59 PM
Andrew Sullivan, uber-blogger and one of the country's most influential political pundits warns that our paralyzed immigration system is at a point where it is harming our economic security: The legal immigration system - the same one that has kept me in limbo for a quarter of a century - is reaching a breaking point. Skilled immigrants are returning home to the more fertile opportunities in China and India because America makes it almost impossible for talented immigrants to move here: "What was a trickle has become a flood," says Duke University's Vivek Wadhwa, who studies reverse immigration. Wadhwa projects...
More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)
One and only one Andrew Sullivan who got special deal from Justice department.
Immigration process which tries to keep pot smokers away from USA is broken indeed.
Andrew Sullivan the special ONE (http://www.boston.com/bostonglobe/ideas/brainiac/2009/09/sullivan_avoids_pot_charges.html)
More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)
One and only one Andrew Sullivan who got special deal from Justice department.
Immigration process which tries to keep pot smokers away from USA is broken indeed.
Andrew Sullivan the special ONE (http://www.boston.com/bostonglobe/ideas/brainiac/2009/09/sullivan_avoids_pot_charges.html)
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nitrips
04-26 04:41 PM
I was in a similar situation, I took my wife's GC with me when I went to India and she travelled back on GC instead of AP, no issues at the Immigration's.
more...
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mayitbesoon
11-16 12:20 PM
Please help me in this regard.
I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.
Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
Had i been out of status during the time period between Oct and Nov 2004?
Thank you.
I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.
Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
Had i been out of status during the time period between Oct and Nov 2004?
Thank you.
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iptel
03-15 05:35 PM
Guys, please don't start Indian firm bashing here. This site is being visited by people of other nationalities as well as offices of the lawmakers. We don't want to throw mush on the companies of our own country and look small. The info spgtopper has asked for is being asked by our lobbyst, so I would appreciate if you provide the relevant info.
Just a request. Please delete your posts.
Thanks for listening
I totally agree with black_log. Involving Indian firm or trying to use Indian political influence can cause sever damage to our cause. Its not just applies India abut any nation other than US. Unfortunately this is not the first thread of its kind.
Instead of having TCS, Infosys or Wipro trying to put influence why cant we have companies like Google, Intel, Micrsoft, Cisco or Yahoo. Their voices will be heard with respect.
Just a request. Please delete your posts.
Thanks for listening
I totally agree with black_log. Involving Indian firm or trying to use Indian political influence can cause sever damage to our cause. Its not just applies India abut any nation other than US. Unfortunately this is not the first thread of its kind.
Instead of having TCS, Infosys or Wipro trying to put influence why cant we have companies like Google, Intel, Micrsoft, Cisco or Yahoo. Their voices will be heard with respect.
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smisachu
08-22 04:09 PM
[URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
aug2007
05-23 08:45 PM
My wife was on H4. Her VISA and I94 are expired. I'm still on H1 (valid). Our 485 applications are pending. We have valid EAD cards but not using them. Can I apply for my wife's SSN using the EAD Card + I485 Receipt? Or does she need to have valid I-94 along with the EAD to apply for SSN? Does she need SSN to work on EAD?
vdlrao
10-24 01:41 PM
Hi !
My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?
We got our I-140 last month and EAD two weeks back.
Kindly advice us on this.
Thanks
Vinki :)
Until its the same kind of work, it wont effect the GC process. Your employer could send an ammendment saying that theres an appraisal.
P.S: I am not a lawyer. I said just based on my knowledge.
My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?
We got our I-140 last month and EAD two weeks back.
Kindly advice us on this.
Thanks
Vinki :)
Until its the same kind of work, it wont effect the GC process. Your employer could send an ammendment saying that theres an appraisal.
P.S: I am not a lawyer. I said just based on my knowledge.
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