Immigration News and Updates - page 17

This is just for the purpose of getting updated or informed and do note that nothing is absolute and in fact things are very fluid or volatile when it comes to immigration matters.... Read More

  1. by   lawrence01
    This piece of news is very encouraging. Seems that both parties are showing signs that they are willing to make some compromises with each other even before the debates are started in May. Even more encouraging is the report that the Senate will vote on it on the same month. If and ever, they do vote on it in May and there are no hinges on a compromised bill between the two houses then President Bush may be signing the final CIR Bill even earlier than August.
    Last edit by lawrence01 on Apr 24, '07
  2. by   suzanne4
    Quote from karolina
    [ hello
    i know suzanne is on vacation,,maybe lawrence will be able to answer this quesion. i got married recently to american citizen, but i had already my papers field with the hospital, and it is in progress, i 140 is approved. shall i wait for retrogression to be lifted or file again from my husband/? hwo long would that take? i feel like it would be a waist of time to file it again, but i want to make sure ,,
    thanks

    Talk to your immigration attorney. Start there since they are very familiar with your file.

    Best of luck to you on your new marriage.
  3. by   suzanne4
    Quote from lawrence01
    You really need to consult a lawyer on this. There are many variables involve than you might not think would matter at the moment. It's in the details. Therefore, consulting a lawyer and giving him all the personal information pertaining to your case is important.

    Right now, one thing I can think of is how sure you are that your AOS would be approved? Approval of AOS is not automatic, esp. if filed in less than 60 days upon arrival and on Visitor's Visa. There's a possibility that it could be denied if filed that early and there are also reports that even those who filed within the 60-90 days range are still not guaranteed of AOS approval if there are other things found that would make them to deny the AOS petition. The details count.. so definitely consult a lawyer.

    She went to school in the US, so has been in the US well over that requirement.
  4. by   lawrence01
    Quote from suzanne4
    She went to school in the US, so has been in the US well over that requirement.
    I see. One of those details then. She definitely needs to talk to a lawyer.
  5. by   karolina
    [ thank y suzanne and lawrence for y advice
    i will talk to my lawyer
  6. by   jonRNMD
    Quote from karolina
    [ hello
    i know suzanne is on vacation,,maybe lawrence will be able to answer this quesion. i got married recently to american citizen, but i had already my papers field with the hospital, and it is in progress, i 140 is approved. shall i wait for retrogression to be lifted or file again from my husband/? hwo long would that take? i feel like it would be a waist of time to file it again, but i want to make sure ,,
    thanks
    if one is married to a US citizen and cant wait for the retrogression to end, i would STRONGLY suggest filing for I-130 and I-485 (AOS) as there is no retrogression in place for that category.....you will also receive your EAD and Advance Parole in case you need to work and travel abroad.....

    if everything is legit, why wait for retrogression to end? forget about your approved I-140....congrats to your marriage
    Last edit by jonRNMD on Apr 24, '07
  7. by   jonRNMD
    Quote from suzanne4
    She went to school in the US, so has been in the US well over that requirement.
    even if someone studied in the US, AOS can still be denied
  8. by   Aquarian
    Hi, JonRNMD, Lawrence! Will the filing of the I-140 (following the 60-90 day rule) concurrent with the AOS be dependent on the principal's I-94 or the derivative's? The principal completed the 90+ days before filing but the children and spouse just followed after 60 days (so their I-94 date will be more recent). Will it affect the AOS approval of the derivatives? Anyone who can answer this, please? Thanks!
  9. by   suzanne4
    Quote from jonRNMD
    even if someone studied in the US, AOS can still be denied
    Sure it can be denied, the same way that any visa application that is pending can be denied. But the first thing that they look at is length of time in the US, and she has been here several years.

    No application is a done deal until it is done.
  10. by   suzanne4
    Quote from Aquarian
    Hi, JonRNMD, Lawrence! Will the filing of the I-140 (following the 60-90 day rule) concurrent with the AOS be dependent on the principal's I-94 or the derivative's? The principal completed the 90+ days before filing but the children and spouse just followed after 60 days (so their I-94 date will be more recent). Will it affect the AOS approval of the derivatives? Anyone who can answer this, please? Thanks!
    Everything is dependent on the nurse's I-94. And when they came to the US. Best bet it to check with the immigration attorney.

    This also opens a can of worms up. Remember that it is in violation of US immigration law to come to the US for the purpose of finding a job and staying. With the family coming over later, but before the petition is submitted sends up a red flag to immigration. That the family has now come over with the intention of remaining.

    Not a good thing, many times.

    The reason for the waiting time is to show that there was not initial intent to come to the US and remain. And then throws a kicker into it.

    When family is involved, it is best not to use the AOS unless they all are here at the same time. And arrive at the same time. To come two months later shows intent to stay. And that will up the chances of getting denied.

    Would never, ever recommend that someone go this route. They all need to arrive at the same time not to raise any red flags to immigration. Remember that the proof will be on the nurse to prove otherwise. Not for immigration to prove.
  11. by   Aquarian
    I'm glad to hear from you, Suzanne! Merci!
  12. by   jonRNMD
    Quote from Aquarian
    Hi, JonRNMD, Lawrence! Will the filing of the I-140 (following the 60-90 day rule) concurrent with the AOS be dependent on the principal's I-94 or the derivative's? The principal completed the 90+ days before filing but the children and spouse just followed after 60 days (so their I-94 date will be more recent). Will it affect the AOS approval of the derivatives? Anyone who can answer this, please? Thanks!
    actually the 60/90 rule is still a gray area for the USCIS.....it is not "The Rule"....remember, AOS is discretionary and can always be denied.......

    regarding your question, its better to seek an experienced immigration lawyer
  13. by   lawrence01
    Quote from jonrnmd
    actually the 60/90 rule is still a gray area for the uscis.....it is not "the rule"....remember, aos is discretionary and can always be denied.......

    regarding your question, its better to seek an experienced immigration lawyer
    i second these. it is also not automatic that if a person applied on the 60-90 day plus range that the petition would be approved automatically. it is discretionary and so if they found some other information that would make them suspect otherwise then they can deny in practice of discretion.

    click here for more details.

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