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10-15 06:30 PM
Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
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immi2006
10-09 02:28 PM
Folks make sure the A number is same in both applications, if they are different USCIS puts it aside and will not process, I found out today while getting my address verified with USCIS IO, they had entered my address wrongly.
WHile checking the IO said it was good that my wife's derivate app under me, and her self 485 App A numbers match. Otherwise, they put it in pending state forever.
WHile checking the IO said it was good that my wife's derivate app under me, and her self 485 App A numbers match. Otherwise, they put it in pending state forever.
needhelp!
02-14 12:34 PM
Lets send our love to the WH!
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IN2US
07-30 06:34 PM
Since I have already filed my petition, can I change this to Premium Processing from regular processing?
Yes, you definitely can change it to premium processing.
talk to your attorney / Company HR.
Good Luck :)
Yes, you definitely can change it to premium processing.
talk to your attorney / Company HR.
Good Luck :)
more...
TexDBoy
10-14 02:58 AM
For EB2, only 2 months movement ... from (01 April 03) to (01 June 03)
For Eb3, only 3 months ... from (01 July 01) to (01 October 01)
Sad ... looks like wait is going to be much longer than predicted ...
For Eb3, only 3 months ... from (01 July 01) to (01 October 01)
Sad ... looks like wait is going to be much longer than predicted ...
austinsamb
08-14 12:01 PM
Yes, you can use same AP document for multiple entry/stampings, the second time CBP stapled a paper to the original so they can keep stamping and the new paper. Now this additional document had columns and rows set for 12 more stampings, any link to the memo that says only 6 entries per AP?
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Steve Mitchell
February 12th, 2004, 10:53 AM
Minolta is about to enter the fray with a new DSLR. Get the story here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=171&mode=thread&order=0&thold=0).
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gc_kumar
08-02 12:49 PM
Thank you for all the messages. I will follow up with all these persons and let you know the result ..
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QuintonBermuda
04-27 06:44 AM
To everyone who reads my post. I apologize for not being clear. The article says that they are talking about eliminating the per country caps and giving green cards to STEM graduates. In my haste and excitement I should have spelled this out. Now with that said I do not appreciate the snide remark from the previous poster. This is a forum for productive discussion, not for people to be condescending. So let us rejoice that maybe people are listening to us!
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psychman
10-17 10:21 PM
Hi Kirupa. That would be an interesting example to see. It would allow the user to take advantage of the "image-in-image" aspect of Deep Zoom, while still being able to filter on-demand if needed.
more...
continuedProgress
06-13 08:02 PM
If anyone has gone through a similar situation, please share.
Thanks
Thanks
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Sheetal_MA
12-03 11:20 AM
My cousin is getting married to a US citizen in February 2009. I want to get information about K3 visa for spouse of US citizen. My questions are:
1. I have heard that it takes long time to get K3 visa, is that true?
Yes it is true that the K3 visa may take a year and the spouse must remain in the home country during that time.
2. If the above statement is true then what other visa option is best for her, visitor or fiance visa (K1 visa)?
She can try for K1 visa but it must be filed now and she must come to the US before marriage. The K1 visa processing can take a few months so your cousin may be running out of time.
3. Is it necessary that immigrant visa petition (greencard) is in process before applying for K3 visa?
The K3 is the greencard process and it can only be filed after the marriage has occurred.
Thank you all in advance for your help!!!!
1. I have heard that it takes long time to get K3 visa, is that true?
Yes it is true that the K3 visa may take a year and the spouse must remain in the home country during that time.
2. If the above statement is true then what other visa option is best for her, visitor or fiance visa (K1 visa)?
She can try for K1 visa but it must be filed now and she must come to the US before marriage. The K1 visa processing can take a few months so your cousin may be running out of time.
3. Is it necessary that immigrant visa petition (greencard) is in process before applying for K3 visa?
The K3 is the greencard process and it can only be filed after the marriage has occurred.
Thank you all in advance for your help!!!!
more...
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abcdefgh
11-13 06:23 PM
Hello
I am on currently H1B visa using AC21 portability based on I140 approval from previous employer. This is my 9 th year and H1B is expiring April 2010. My current employer is starting H1b renewal again. I do not have H1B visa stamp in my passport as I did not travel outside the USA for last 5 years.
Through my wife's I 485 filling I am beneficiary on that petition. I have applied for advanced parole for both of us to travel out of USA somewhere around March 2010.
My questions are follow:
1. Upon travel when I try to come back should I use this advanced parol or get a H1 visa stamp on my passport and make a entry based on H1 Visa?
2. If I use advanced parol to make an entry does it invalidate my H1 status? I heard somewhere that If I use advance parol to make an entry than I can no longer be on H1 visa. In my case advanced parol I am getting is based on I 485 benefits from wife's I485 case.
3. If making an entry on advance parol does not affect my H1 status, then should I still go to US embassy and get H1 visa stamp? Or it is no longer needed? Is it advisable not to have H1b stamp in my passport at all because I can use Advance Parol for internation travelling? The reason I am asking is because to get stamp in passport will require me to travel to embassy and consume my time from very limited time I am travelling.
4. What are the documents I need to carry while I travel if advance parol is advisable to be used at port of entry?
5. What are advantage/disadvantage of Advance Parol Vs H1b Visa for making an entry?
6. and Lastly, the things I need to keep in mind while at port of entry?
I know, I am asking too many questions. But to be honest, I am really nervous about this traveling as I have not travelled outside the US for last five years. And you know during these years many things must have been changed.
I really appreciate any advise.
Thanks
Sanjay
I am on currently H1B visa using AC21 portability based on I140 approval from previous employer. This is my 9 th year and H1B is expiring April 2010. My current employer is starting H1b renewal again. I do not have H1B visa stamp in my passport as I did not travel outside the USA for last 5 years.
Through my wife's I 485 filling I am beneficiary on that petition. I have applied for advanced parole for both of us to travel out of USA somewhere around March 2010.
My questions are follow:
1. Upon travel when I try to come back should I use this advanced parol or get a H1 visa stamp on my passport and make a entry based on H1 Visa?
2. If I use advanced parol to make an entry does it invalidate my H1 status? I heard somewhere that If I use advance parol to make an entry than I can no longer be on H1 visa. In my case advanced parol I am getting is based on I 485 benefits from wife's I485 case.
3. If making an entry on advance parol does not affect my H1 status, then should I still go to US embassy and get H1 visa stamp? Or it is no longer needed? Is it advisable not to have H1b stamp in my passport at all because I can use Advance Parol for internation travelling? The reason I am asking is because to get stamp in passport will require me to travel to embassy and consume my time from very limited time I am travelling.
4. What are the documents I need to carry while I travel if advance parol is advisable to be used at port of entry?
5. What are advantage/disadvantage of Advance Parol Vs H1b Visa for making an entry?
6. and Lastly, the things I need to keep in mind while at port of entry?
I know, I am asking too many questions. But to be honest, I am really nervous about this traveling as I have not travelled outside the US for last five years. And you know during these years many things must have been changed.
I really appreciate any advise.
Thanks
Sanjay
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skumar9
11-30 09:47 AM
Hello PRA...
Did you call the uscis and got the First name and last name corrected? ( Fname and Lname interchnaged)
Please advise?
Thanks
...
Did you call the uscis and got the First name and last name corrected? ( Fname and Lname interchnaged)
Please advise?
Thanks
...
more...
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permfiling
11-23 03:51 PM
Thanks TexDBoy, so the first employer will come to know at 485 stage of all the previous employments which is a voilation of the first employer rules that you should not be working anywhere.
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smsthss
12-19 08:57 AM
if EAD is used, can we come back to H1B when needed?
more...
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prv_1979
04-19 11:31 AM
Hi guys,
My I140 was approved last week (RD July 2007). I have the approval notice copy from the lawyer but the online status is still saying its pending.
I called uscis and she told me that she is seeing that its pending too but if i have the approval notice then not to worry. It takes them some time sometimes to update the system, as per her.
But my concern is, when my PD becomes current and if their own system shows my I140 penidng(eventhough it's approved), how will they approve 485?
Any one in same boat or any past experience?
Thanks and good luck to all who are waiting.
My I140 was approved last week (RD July 2007). I have the approval notice copy from the lawyer but the online status is still saying its pending.
I called uscis and she told me that she is seeing that its pending too but if i have the approval notice then not to worry. It takes them some time sometimes to update the system, as per her.
But my concern is, when my PD becomes current and if their own system shows my I140 penidng(eventhough it's approved), how will they approve 485?
Any one in same boat or any past experience?
Thanks and good luck to all who are waiting.
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EkAurAaya
05-25 12:47 PM
Guys as the administrator (pappu) pointed out... we really need to be short and sweet and to the point... mixing issues will only create confusion and we will all look unorganized...
***admin's I used your template but tried to add some more personal touch to express what we all are dealing with, hope it's ok:
When you call stick to something as simple as:
My name is ____ and I am calling from [city], in the state of [State]. I am a member of a group called Immigration Voice – that represents LEGAL skilled immigrants.
I've been patiently waiting for ___ Years for my green card now, I came here legally and have always followed all laws of this land... I'm really disappointed and disheartened by what I see and read about the immigration reform bill.
All I ask is... (discuss all 3 issues or even 1 that you think will keep it simple and get your point across)
1) INCREASE the number of EMPLOYMENT-BASED green cards for LEGAL skilled immigrants who are currently backlogged. We request the Senate to ELIMINATE the backlogs BEFORE starting a new merits based system.
2) Urge the Senator to AMEND section 501(b) and INCREASE the number of EMPLOYMENT-BASED green cards for LEGAL skilled immigrants from 140,000 to a higher number to ELIMINATE the current backlogs, the SAME way the bill REDUCES backlogs for family-based immigrants in section 501(a).
3) Oppose the senate’s immigration bill in its current form because it reduces the number of green cards for legal skilled immigrants. It diverts these green cards to the proposed future guest worker program and to a proposed untested merits based system.
***admin's I used your template but tried to add some more personal touch to express what we all are dealing with, hope it's ok:
When you call stick to something as simple as:
My name is ____ and I am calling from [city], in the state of [State]. I am a member of a group called Immigration Voice – that represents LEGAL skilled immigrants.
I've been patiently waiting for ___ Years for my green card now, I came here legally and have always followed all laws of this land... I'm really disappointed and disheartened by what I see and read about the immigration reform bill.
All I ask is... (discuss all 3 issues or even 1 that you think will keep it simple and get your point across)
1) INCREASE the number of EMPLOYMENT-BASED green cards for LEGAL skilled immigrants who are currently backlogged. We request the Senate to ELIMINATE the backlogs BEFORE starting a new merits based system.
2) Urge the Senator to AMEND section 501(b) and INCREASE the number of EMPLOYMENT-BASED green cards for LEGAL skilled immigrants from 140,000 to a higher number to ELIMINATE the current backlogs, the SAME way the bill REDUCES backlogs for family-based immigrants in section 501(a).
3) Oppose the senate’s immigration bill in its current form because it reduces the number of green cards for legal skilled immigrants. It diverts these green cards to the proposed future guest worker program and to a proposed untested merits based system.
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smartboy75
12-19 05:51 PM
That should be fine...don't worry ..
nixstor
06-23 04:37 PM
lawyers do this all the time. I guess USCIS is fine with it.
kirupa
05-06 06:22 PM
It looks nice :) I've added your stamp up!
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