Tuesday, June 28, 2011

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  • Blog Feeds
    09-28 12:50 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/)




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  • pansworld
    12-05 03:17 PM
    Please send me a PM if you would like to join.




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  • manojp4
    10-12 01:52 AM
    Found this while searching the website of the Senate Judiciary committee. Even though it is more than a month old, the references to SKIL bill in the hearing offers a glimmer of hope to us..As I understand the SKIL bill has been referred to the same committee for several months now.

    http://judiciary.senate.gov/hearing.cfm?id=1801




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  • fall1998
    05-18 05:06 PM
    I think someone has given you incorrect information.

    A visitor can stay for a maximum of 6 months (180 days - unless person is given earlier date in I-94, which is not usual) At a stretch. If person returns before 180 days, he/she can come back within a day and get a new I-94 and again can stay for 6 months (180 days or the date written on new I-94).

    So, person's stay is not governed by number of days in a year, but by the date which is written on I-94. As long as she gets new I-94 with new date, she can stay until that date.

    As a side note, what you are confusing with is the tax requirements, which is: If you are claiming a person to be your dependent, he/she must have stayed in the country for atleast 6 months in a calendar year.



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  • JazzByTheBay
    09-03 09:26 AM
    Take a look at the Instructions PDF - it answers all your questions, including those about filing fees, documents, and where to file:
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D

    jazz



    Can someone post the answers for the below questions:

    - List of documents to be sent for AP Paper based Renewal
    - I live in VA, to which service center should i send the documents?
    - My AP expires on 01/07/2009. How early can i apply for the renewal?
    - Should i answer the QUESTION 4 from I-131 document?
    Have you ever before been issued a reentry permit or refugee travel?

    Thanks in advacne.




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  • BMS1
    11-02 04:58 PM
    One of the biggest gripe, that legal retrogressed immigrants have about the immigration system here, is that the current retrogression locks them up in one position far too long for them to grow in career. Either your company was not advised properly by your attorney or you were not aware of this simple rule that you need to work in the same job category (with as many employers as you wish subject AC21) until about six month passes after you get your green card. Otherwise you could run into trouble at some point.



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  • martinvisalaw
    06-11 04:52 PM
    Hi Attorneys,

    Recently I have filed my H1B petition . However due to some emergency I need to quit my current organisation (Company A) who has sponsored the H1B . My questions are :

    1. Would there be any adverse effect if in future Company B files H1B for me ?
    2. What generally happens if I file H1B and am not able to attend the interview ?
    3. Is there any way Company A can revoke the H1B petition after I resign before H1B interview ?

    Would appreciate a quick a reply .

    1. There shouldn't be any negative consequences if you change from one H-1B employer to another. People do this all the time.

    2. What "interview" do you refer to? If you mean a visa interview at the consulate, you should cancel if you cannot attend.

    3. Company A can and should withdraw the H-1B petition once you leave the company. This should not affect you getting new H-1B status, assuming there is no major gap between leaving Company A and Company B filing the new petition.




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  • Prashanthi
    03-26 05:49 PM
    Should not be a problem, your wife can work for another company, you can work part time for another company as long as you are working for the petitioner also.

    Prashanthi



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  • marco
    08-20 08:25 PM
    Do you have seperate last names?




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  • pmpforgc
    05-04 02:40 PM
    Hi

    Since I got electronic refund to my tax rebate and have SSN for all family members, I was expecting Tax refund (stimulus) to be deposited in my bank accoung this week. This was big announcement in the last week.

    But I dont see any rebate deposited in my account?

    Does any of you have received such rebates?

    Is there any contacts numbers where we can approach if we did not received Stimulus rebate al though we filed electronically?

    Thanks



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  • kpsm88
    11-16 02:16 PM
    The dates are not opened yet for 2nd week at Mumbai.. Hopefully it is un-opened as opposed already taken...




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  • krishmunn
    10-14 09:00 AM
    Your husband will need to go for H4 once the H1 time runs out (check if any time can be recaptured)



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  • cool_cat
    10-01 01:03 PM
    My I485 application was received by TCS on july 2nd. I have not received my RN and my check is also not cashed yet.




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  • reddy2cool
    08-26 01:55 PM
    Thanks for sharing the info, But seriously do you want to believe this kind of source (friends lawyer close to uscis) not even from infopass or any kind of believable source? How about it if lawyer is having just fun at our expense.



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  • Becks
    01-05 03:49 PM
    You can go to any industry financial, insurance, pharma etc but your job and duties should be similar to your current one. If your current position is *mathematician* and your new job says "consultant" it will catch the officer's attension easily. But from other threads in understood that your job description should be similar to your current ones. Please go thru some IV threads.




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  • anita chatterjee
    02-28 01:16 PM
    Does anyone know of UAE rules of persons traveling with AP to india from USA and stopping at dubai for 3 days.?



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  • sivaramakrishna
    07-23 09:23 PM
    Plzz suggest me

    1.I applied for I-485 in May 07 and got I-485 reciept in June 07 , and returned to US in july 07 after a short travel outside US.
    2.I got the new I-94 card
    3.The purpose of my trip outside US to erase my previous out of status history for more than 180 days.
    4.My question:How to send my latest I-94 copy to USCIS ? Do i need to attach any form along with latest I-94?
    5.Will it really erase my previous out of status history , by considering the fact the I am always in legal status after my re-entry in US and USCIS having my latest I-94(once I send the latest I-94)

    Thanks In Advance

    Siva




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  • SlowRoasted
    06-05 04:26 PM
    kinda odd looking, i dont think im feeling this one.




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  • sunny1000
    11-08 03:59 PM
    I have no US visa stamped in my passport and planning to fly Emirates to India via Dubai. I will use AP for re-entry. Do I need transit visa at Dubai like London and other European Airports? Response from anyone with experience will be appreciated. If already discussed here, guidance to particular forum will help.

    I have traveled by Emirates several times (last year was the recent one) and they did NOT require a transit visa.




    go_getter007
    11-27 01:38 PM
    Friends, my 140 was filed in late July 07 and it is at TSC. Going by the timeline posted on their site, I am likely to hear from TSC by late Jan 08 (i.e., six months after July 07). Any recent experiences about whether the online status changes on time or you first get the approval/RFE/rejection physically and then online status reflects the status afterwards?

    Thanks!

    GG_007




    user1205
    08-29 01:50 PM
    I sent her an email today to ask her to mail the originals and she refused.
    "We usually keep the original receipts. " was her answer.

    What to do? This is so frustrating. ARGHH!!!!
    I know I have the right to ask for them but I want to keep it civil and not antagonize her. Is there any reason I can give her, like travel, to make her send me the originals without getting into a fight?



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