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Adjustment of Status, Form I-130, Form I-485, ESTA, Fraud/Misrepresentation, Waiver
We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.
Status
Green Card AOS Approved
Nonimmigrant Visas
Profession/Occupation
Green Card
Immigration Law
Guestbook Entry for Satish , United States
Name
Satish
Country
United States
State
Maryland
Pending Employment-Based I-485 Inventory Updated
Please visit this link for the updated Chart for all Employment - Based I-485 Pending Inventory
http://www.immigration.com/chart-all-employment-based-i-485-pending-inv…
Guestbook Entry for Parag Joshi, United States
Name
Parag Joshi
Country
United States
State
Indiana
Guestbook Entry for Gautam C Ijoor , United States
Name
Gautam C Ijoor
Country
United States
State
Virginia
MTR I-485 survivor benefits
We represented a client and her minor child. They had filed their I-485 applications as derivative applicants. Two months after the I-485 filing, the primary applicant, her husband died in a tragic accident. USCIS requested biometrics for all applicants, but she did not appear because she was informed that her I-485 application would not survive the death of the primary applicant. We filed a motion to reopen the case, showing that the applicant was and is legally entitled to survivor benefits under the Immigration and Nationality Act.
Status
I-485 AOS reinstated
Green Card
If you like to know what is going on with ur 485 - You all must read
When an I-485 is accepted at the Service Center, requests for FD-258 FBI fingerprint checks, fingerprint fees, and G-325A consular background checks are made by USCIS. Responses to these requests come back to USCIS and must be matched up with the appropriate files held in staging. File Maintenance "file connects" these responses to the corresponding files.
Green Card
485 approved on NIW at CSC, some guidelines
Here are some experiences with regards to my entire track from NIW I-140 petition to I-485 approval. I had somewhat of an unique case, so if anyone here is in the same boat, this may be of help to you. I have done the entire process by myself, without an attorney, and long hours of research in the law library on U.S.C. Section 8.
Arrived to US in 1991 on J-1, not subject to section 212e, changed to F-1 on arrival. Became an H-1 in 2001 and filed for NIW in March of 2002, case was backlogged due to 9-11.
Green Card
US Immigration Questions, Jan 22, 2015 Free Community Call with Rajiv (Every Other Thursday)
Immigration Law
Green Card
Guestbook Entry for Gayathri S, United States
Name
Gayathri S
Country
United States
State
Texas
Priority date retrogression -- consequences and concerns (Updated 10 April 2012)
The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?
I-485 FAQ
The following questions were asked in today's community conference call. I feel the answers should be of use use to many folks.
How soon can I leave the employer after I get my GC
Q. How soon can I leave my petitioning employer once I get my green card approval?
Getting F-1 while I-485/AOS is pending
Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.
Reassignment of I-485 to alternate eligibility
In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant:
Recording of Community Conference (Every other Thursday), 2015, March 19
Immigration.com
Nonimmigrant Visas
Immigration Law
Workload Transfer within Service Center Operations
USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.
If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change and this will not delay the processing of your cases except for the additional time needed to transfer the file.
Filing I-485 for Derivative Beneficiaries
Here is another question from one of our clients posted in our extranet forclients.com.
Qo. My Priority date became current as per August bulletin.
I and my wife are applied for I-485 on July 2007 (PF is done and got EAD and AP docs). At that time my son was in India and i could not apply for him.
Right now i am working on his I-485 paperwork and targeting to send his application to INS/Nebraska on August first itself (through your Law firm).
Fraud Allegations Under Immigration law