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  • 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.




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  • Hyperized
    06-20 09:36 PM
    haha, great story on how it all just worked :P

    Are you sure someone didn't plant those oranges for you to find?

    Yeah pretty much, they were all over the place :P




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  • Blog Feeds
    03-08 07:40 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjHv1AyQjLEbEaZm_361jGKzqEsSnFjf37bNZaP6zs3p37KPlrs6omR1e3MoyReZvqYZWbZbHV98pRS1VS0FsV7PR0CdLRKquHyig51mcrB-DZMSREYCXWbkpqR-G9Ye_oBQpk6u2KPGuE/s320/2010-03-07+alg_cuomo1.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjHv1AyQjLEbEaZm_361jGKzqEsSnFjf37bNZaP6zs3p37KPlrs6omR1e3MoyReZvqYZWbZbHV98pRS1VS0FsV7PR0CdLRKquHyig51mcrB-DZMSREYCXWbkpqR-G9Ye_oBQpk6u2KPGuE/s1600-h/2010-03-07+alg_cuomo1.jpg)


    By Deborah Notkin, AILA Past President

    Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of "immigration consultants" who take advantage of unknowing and vulnerable immigrants. At a recent media conference, Cuomo indicated that his office is seeking civil remedies, at least initially against those involved in immigration assistance fraud because the first goal is to get restitution for victims. http://www.ag.ny.gov/media_center/2010/mar/mar1a_10.html

    The latest victory in the fight against immigration fraud and victimization was announced by Cuomo's office on March 1, 2010. The Attorney Generals' Office has won a court judgment of more than $3 million against a "consultant" in Queens who has targeted and defrauded immigrants. In this case, the "consultant" routinely charged a retainer of $7,000 with fees often reaching up to $15,000 per person for the promise of permanent residence. The consultant wrongly claimed that she could get permanent resident status through alleged relationships with government officials. Of course, the services were never performed and the consultant routinely refused to give refunds or return documents.

    As a result of Cuomo's lawsuit, the New York Supreme Court has ordered the consultant to pay full restitution to 37 families who came forward and demonstrated that they were defrauded by this consultant. An additional $2.7 million in penalties was imposed for engaging in the unauthorized practice of law and misrepresentation of services that could be performed. The consultant is also permanently restricted directly and indirectly from engaging in the business of immigration-related services.

    Over the past several months, other consultants have been shut down and active investigations continue. The fight to end this blight on immigrant communities in New York City and State continues and serves as an example for all who are committed to fighting immigration fraud and the unauthorized practice of law.
    https://blogger.googleusercontent.com/tracker/186823568153827945-5282899656706770162?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/new-york-attorney-general-cuomo-gets.html)




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  • martinvisalaw
    06-16 11:09 AM
    Not all non-profits are cap-exempt.

    He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.



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  • guyfromsg
    04-29 11:50 AM
    My LC (non-RIR) is stuck in BPC since Feb'05 which is also my PD. After lot of convincing up to my VP level they finally at least agreed to have a healthy discussion with lawyer to see the pros and cons of converting the application to PERM while retaining PD.

    My understanding is, there is no conversion. The old application from BPC has to be with drawn and re-filed under PERM. I meet other requirements to keep the PD like same job title etc..

    Question is, H1 expires in Feb'07 and will apply for extension in Aug'06. Should I wait till Aug to have H1 extended using premium processing and then convert to PERM. Is there a risk of re-filing under PERM prior to H1 extension. PERM takes few months for the company to prepare, can they kick start the process now without withdrawing the LC?

    thank you.




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  • ARUNRAMANATHAN
    08-08 09:42 AM
    Hopefully your check is also cashed soon ...

    BTW did you get the receipt no ?

    Thanks for keeping us posted



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  • raj3078
    05-09 09:35 AM
    Is there anything being done by IV for 3rd part?




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  • coolpal
    04-14 11:49 AM
    Are you working for your new employer now? (I assume not).
    Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...

    But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....

    pal :)



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  • arnet
    10-31 07:26 PM
    The application procedures vary based on the consulate you are planning to visit for visa stamping.

    so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.

    in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.

    check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:

    https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx

    also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':

    https://www.vfs-usa.co.in/Home.aspx


    To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.

    At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.

    good luck!!!!

    Disclaimer:
    I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.

    Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?

    Thanks!
    Neo




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  • Lacris
    07-17 08:33 PM
    They are increasing the fees only for the other apllications. I-485 and the related ones will maintain the same fees until August 17th. I think it says so on the announcement from USCIs.



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  • pappu
    06-09 10:37 AM
    I am sure IV has thought about this...

    But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?

    thx

    The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.




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  • sugaur
    10-24 12:11 AM
    I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.

    The guys a communist. " From each according to his capability, to each according to his need". Poor illegals need GC more than we do.



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  • xbohdpukc
    08-05 11:31 AM
    as long as both PDs are current they will start to process an application with the earliest RD first.




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  • vsuri
    11-16 08:14 PM
    Yes, you will need an Advance Parole or an appropriate visa to enter the US from Canada. AP approvals are taking close to 3 months these days so you should e-file your application ASAP. Also, call USCIS at (800) 375 - 5283 to expedite your application once you have the receipt number since you need to travel at such a short notice.

    Some people have had luck contacting their congress representative as well.
    United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
    (enter your zip code at the top left of this web site to find your congress rep)



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  • sparky_jones
    06-02 05:09 PM
    The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.

    The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.




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  • tb2904
    07-02 12:15 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html



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  • Gravitation
    01-29 02:09 PM
    Let's post about IV at our local craigslist chapters. We can't afford to slack off.




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  • reddymjm
    04-08 11:46 AM
    As I said before the CAP will not reach for a month or two.




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  • aguy
    07-26 08:40 PM
    so, would you say just waiting for the RFE instead of sending in the exam result with a cover letter. i am afraid that it may get lost. on the other hand, if they delay the RFE by over 6 months, we will have to do the medical exam again. what would you suggest?




    linklinklink
    06-25 02:53 PM
    For those who have same problem.
    I just come back from local USCIS office. They do not make changes on I-94 any more ( I did show the memo whick is outdated according to the office). Now it's direct mail service. The supervisor of the office confirmed that I do not need file I-102 form if I file I-485 to adjust status, but I do need copies of all my I-94s including the error one. Good luck to anyone.




    rock945
    06-21 08:18 PM
    Friends,
    I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
    do you know if you can retain your PD from your eb3 application for your new application..



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