Ann Ruben
02-24 02:59 PM
Raama,
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
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mhtanim
07-03 02:03 PM
I am sorry for what you are going through.
What the heck is going on with the USCIS? It's seems like we are seeing too many denials without any RFEs nowadays!
What the heck is going on with the USCIS? It's seems like we are seeing too many denials without any RFEs nowadays!
Phaedra
05-30 06:45 PM
Thanks a lot for the information.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
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babu123
06-28 03:54 PM
I work in VA. Can we send the I-485 filing documents to TX now.
Or we need to send to Nebrasa only?
Or we need to send to Nebrasa only?
more...
abracadabra102
08-24 08:34 PM
Nothing new here. It was denied as per existing law. If original I-140 is un-approavable, ac21 can not help.
delax
08-05 11:36 AM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......
more...
Ram_C
11-19 06:16 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.
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shivarajan
03-31 03:22 AM
case of identity theft?
more...
smarth
07-10 10:41 PM
EB3-I is still 'U'....any prediction for EB3-I in October'09 Visa bulletin?:(
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brawn81
08-09 06:51 PM
can you please add 2005,06,07,08 in the poll options..
more...
logiclife
01-30 12:14 PM
click on the "Members list" link, I think you can see how many members are there in this organization.
--logiclife.
--logiclife.
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roseball
04-03 09:13 AM
You can get a 3 yr extension. However, if you happen to go for stamping, I would advise to get it done in your new PP, if possible. Depending on which Indian Embassy's jurisdiction you fall under, you can apply for PP renewal within 1 year to 6 months of your PP expiry. Note that the renewal process might take anywhere between 4 - 8 weeks.
more...
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venky08
10-30 06:15 PM
bump
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jcrajput
06-18 03:12 PM
Thank you all for your quick responses.
I will travel with my wife and 7 years old son. Is there any nice place to stay near embassy? Also, Can I get my passport back on the same day or I need to collect next day after stamping?
Thanks.
I will travel with my wife and 7 years old son. Is there any nice place to stay near embassy? Also, Can I get my passport back on the same day or I need to collect next day after stamping?
Thanks.
more...
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crazyghoda
03-25 03:43 PM
"There are tons of skilled LEGAL immigrants from India/China waiting to buy houses with 20% down payment but wont because our immigration system have yet to process their green cards. Reform immigration & it will eventually improve the housing market."
Got it in with 1 character to spare :D
Please vote on this guys!!
Got it in with 1 character to spare :D
Please vote on this guys!!
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jotv
10-16 11:31 PM
thanks and i am expecting more details
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kirupa
10-12 10:07 PM
Oh, I made them out of your PSD file :)
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unseenguy
06-09 12:48 PM
Depends. If you filed under new fees structure, why pay more and travel to Mumbai if you do not reside in Mumbai. Its a waste of time. On the other hand , if you filed under old fees structure, then H1 fees are much lesser than AP fees. So that would make sense?
Also how many times more are you going to go out of country on H1 again?
I am saying this from experience. My wife was not granted H1 in India recently. They are issuing high number of 221(g)s and she had to return on AP. So consider all this and apply. If you get 221(g) , ask for the passport to be returned without talkin too much (or mentioning AP). It could result into loss of money and frustration in India.
If you are in the same job and have paid for AP already, I dont know why you need H1, unless you dont want to renew AP/EAD.
Also how many times more are you going to go out of country on H1 again?
I am saying this from experience. My wife was not granted H1 in India recently. They are issuing high number of 221(g)s and she had to return on AP. So consider all this and apply. If you get 221(g) , ask for the passport to be returned without talkin too much (or mentioning AP). It could result into loss of money and frustration in India.
If you are in the same job and have paid for AP already, I dont know why you need H1, unless you dont want to renew AP/EAD.
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santb1975
12-10 08:17 AM
For question 2 - you just have to put a reminder for yourself and make a contribution of 10$ every month to donations at immigrationvoice.org. May be this can be done on par with the rent/ mortgage/ credit card bill/car payment that happens every month
Hello-
1) Is it possible to allow minimum ONE TIME contributions like $10?
2) Is it possible to allow minimum RECURRING contributions like $10?
When I am talking to my friends, we felt that the above things increase the
Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.
If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.
My Contributions:
$50 Recurring Contributions from Nov 07.
Contributed $100 for the DC Rally.
$25 to the local Northern California Chapter in Oct 07.
Contributed to AILF $100 during the July visa bulletin time.
Hello-
1) Is it possible to allow minimum ONE TIME contributions like $10?
2) Is it possible to allow minimum RECURRING contributions like $10?
When I am talking to my friends, we felt that the above things increase the
Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.
If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.
My Contributions:
$50 Recurring Contributions from Nov 07.
Contributed $100 for the DC Rally.
$25 to the local Northern California Chapter in Oct 07.
Contributed to AILF $100 during the July visa bulletin time.
waiting4gc
04-16 01:45 PM
pros --
- no state taxes
- cheap housing (renting or buying)
cons
- (for me at least) Houston is terribly humid and hot
- concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city
I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.
- no state taxes
- cheap housing (renting or buying)
cons
- (for me at least) Houston is terribly humid and hot
- concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city
I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.
bombaysardar
07-16 09:08 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
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