Immigration Issues that you need to be aware of - page 4

by suzanne4 43,795 Views | 106 Comments

please read this closely: 1. the green card will not keep you from getting deported if you break the law in the us, something as simple as a dui can get you deported. 2. a visa out of status for any reason can get you... Read More


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    I'm not even touching yet on the issue of fraudulent US SSN's and green cards and Marriage by convenience. There are a lot of things being done by people who are too desperate and who are running away from something.

    Be careful and try to stay away from people who have done so or you may get caught up w/ them. Do not associate yourself w/ such people because the US is suppose to be a land of equal opportunity w/c is one of the reasons we immigrate to the US in the 1st place. If we still continue to associate ourselves w/ such people then it is as if we never left the Philippines.

    Everyone just be careful and pick the people you hang out with, esp. on these days when the US Fed (thru ICE) are cracking down on all illegals for security reasons and of course for being an illegal but it is really for homeland security purposes if you ask me. This is not anymore the good times when illegals or in in Tagalog "TNTs" gets away and them on the loose somewhere in the US. All illegals are almost always perceived as a security threat until proven not so, esp. post 9/11.
    Last edit by lawrence01 on Mar 18, '07 : Reason: Additional/correction
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    just adding this one as added info. since i've been hearing reports that many have filed their aos within 30 days as advised by their lawyers and they are now advising their friends to do the same. filing for aos successfully doesn't mean it is going to be approved automatically nor does having an ead and working legally using it means the aos will be approved when the time comes that one's aos will be reviewed. just be careful.

    aos denials

    the second thing to understand about aos is that it is discretionary, not mandatory. it is possible for a person who is technically eligible for immigrant status to nonetheless be denied adjustment of status in the exercise of discretion. the most common instances of such discretionary denials involve cases where the applicant abused the nonimmigrant process.

    for example, if a person applies for admission into a school or for a change in nonimmigrant status within 30 days of entry, they are presumed to have acted in bad faith. that is, they had the preconceived intent to make the change and they used an easier to obtain visa in order to evade the normal screening process abroad for the visa they really wanted.

    if the application occurs between 30 and 60 days after entry, no presumption is made, but there is a strong suspicion that the person may have acted in bad faith. the case will be scrutinized carefully. if the application occurs more than 60 days after entry, the presumption is that the applicant acted in good faith. both the uscis and the state department reserve the right to re-examine such cases, however, if there is any additional evidence of wrongdoing. if an aos applicant has anything in his or her past visa history that suggests that he or she may have abused the visa process, or otherwise tried to take shortcuts, the uscis has made it clear that they can and will deny such adjustment applications in the exercise of discretion. discretionary aos refusals are not subject to administrative review. while federal court review is theoretically possible, few judges are willing to attempt to substitute their judgment for that of uscis officers in the absence of gross abuse of discretion.

    source
    Last edit by lawrence01 on Apr 7, '07
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    For the attorneys that I consider reputable, they will not even consider filing a petition for someone from PI until they have been in the US for at least 90 days. That is in truth what is being done. The only way that you see it done earlier is under extenuating circumstances such as when the retrogression was going into effect, etc. The attorneys do not care if you get denied, they still get paid the same money from you. Makes no difference to them.. Same thing with the H1-B visa that we keep hearing about. There are quite a few that have been boasting about their attorney submitting them for it, but not one has come back to say that it was approved. They have not been.

    You can choose the information that you care to use, but you need to take responsibility for it. You cannot work on the ITIN#, you cannot work if you do not have a visa in hand, or "your papers". It is illegal if you are being paid in cash, that is another sign that it is under the table.

    And another issue, if you get sick and go to the hospital, they will check to see if you are here legally.
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    suzanne04,speaking of aed , once approved, is it at my own discretion whether i would like to work or not? i would also be able to apply for ss# when i have the ead , and when you got the ssn, ead still has to be renewed when it has expired? is this correct? valid info comes from you. i truly appreciate it.
  5. 0
    Quote from thenurse2006
    suzanne04,speaking of aed , once approved, is it at my own discretion whether i would like to work or not? i would also be able to apply for ss# when i have the ead , and when you got the ssn, ead still has to be renewed when it has expired? is this correct? valid info comes from you. i truly appreciate it.
    depending on how you get the ead. if because of the opt, then it is at your discretion, but that one is not renewed when it expires.

    if you go thru the aos process, then you are being petitioned by an employer and are expected to work for them. if not able to work for them, then the ead can be cancelled. and if you do not work for them, it will not be renewed, and can be cancelled.

    all eads have a validity of one year or less. and those that can be renewed are done so just bvecause the requirements for the green card have not been completed. it is not something that is normally renewed and renewed and renewed.
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    Last edit by macarena on Apr 15, '07
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    Quote from suzanne4
    Depending on how you get the EAD. If because

    All EADs have a validity of one year or less. And those that can be renewed are done so just bvecause the requirements for the green card have not been completed. It is not something that is normally renewed and renewed and renewed.
    HI Suzanne,
    I have a question: My EAD has expired and i filed a renewal for it couple of month ago. It is still pending. My AOS was filed February 06, I140 was approved couple of month later, but still no GC. Is it possible the immigration will not issue an additional EAD for me???
  8. 0
    Dear Suzanne4,
    I'm an F1 student. I've graduated from an ADN program, passed my NCLEX (got a DC license) and after about 5 months of waiting (due to an error made in documents by my school) I got my OPT but for only 8 months! I used 2 months of my CPT, so I should have gotten 10 of OPT. But oh well, not only I missed an awesome internship at the hospital due to the wait for the OPT but now they don't want to re-hire me if I have only 8 months authorization to work. They sponsor for green cards but how long will that take? They are willing to do what they can but I don't know what to ask for. Should I apply for the green card now or after my OPT is over? I have a SSN#, I live in Maryland and got a job in Washington DC. Please advise.

    Thank you.
    Sincerely
    Scully
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    hi! just want to know if do u have any idea when retrogression will be lifted? and they said that there will be no immigrant visa anymore for foreign nurses nly working visa when the retrogression is over? is this true?
  10. 0
    Quote from SHIELISSE
    hi! just want to know if do u have any idea when retrogression will be lifted? and they said that there will be no immigrant visa anymore for foreign nurses nly working visa when the retrogression is over? is this true?
    Please refer to the threads that are already in place about the retrogression. There are no visas currently available now.


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