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About pagladeewana

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  1. If you go through the new asylum regulation published in federal register it covers this point. "Additionally, the rule defines new bars and denials for employment authorization, such as for certain criminal behavior; extends the wait time before an asylum applicant can apply for employment authorization from 150 days to 365 calendar days; limits the employment authorization validity period to a maximum of two years; and automatically terminates employment authorization when an applicant’s asylum denial is administratively final." Let hope this is what it means and they dont end up targeting us but with this admin you never know, but i still highly doubt they will deny h1/l1 just based on non cimt crime, it is technically illegal to do that
  2. As per INA a alien who has been legally admitted to the country(on criminal ground) can only be removed for a CIMT and certain other crimes. They have added this to make new regulations to deny work authorizations for asylum seekers etc. Anyways we have wait and watch but if they start denying extensions on h1/l1 etc just based on DUI it will be against the INA, also INA is an act and cannot be amended by regulation. Moreover there is a supreme court ruling regarding DUI not being a CIMT, you really dont need to worry about this in my option
  3. pagladeewana

    H1-b transfer after dismissed DUI

    The EO says "certain aliens" it is for illegal aliens convicted of a crime.
  4. pagladeewana

    DUI pending case and h1b extension filing

    Did you get rfe for dui with any of your extensions? And if you did was the rfe issued for extension post medical test ?
  5. pagladeewana

    Canadian Visitor Visa

    You can apply for visa and in all probability it will be approved . Be honest in declaring everything in the application.
  6. pagladeewana

    DWI/DUI and new USCIS Memo and consequences

    When was H1b approved? did you get any RFE during approval process and which center adjudicated your application?
  7. pagladeewana

    Is Reckless Driving with Open Container CIMT?

    What were the original charges and how are these charges classified in your state ?
  8. pagladeewana

    DUI and h1b extension 2018

    I would highly recommend you to file ASAP and get the results before i94 ends. The thing is if they deny your petition before i94 expiry you will at least have time to refile or leave the country and not get into potential NTA mess . The NTA thing as of now is not clear and no one is even sure who is going to get it . But one thing is certain if you have valid i94 they will not issue it. Also USCIS has visibility of your criminal charges as soon as you are fingerprinting . It doesn't matter of they have filed it in your local court or not. The only issue i see is they might ask your for court certified docs and i am not sure how you can reply on that. What did revocation email say? did it say it is only applicable once you depart the country? Was there anywhere a mention that this is prudential revocation? If possible please paste the email to the forum.
  9. pagladeewana

    DUI and h1b extension 2018

    Did you also get an rfe during extension for court docs?
  10. pagladeewana

    Travel via Abu Dhabi to US with a Dismissed DV Case

    You should be fine . Just carry all the court docs and be ready for secondary.
  11. pagladeewana

    DWI/DUI and new USCIS Memo and consequences

    Did you get a rfe for court documents? and did you ever travel to india after your dui and got restamped?
  12. pagladeewana

    DWI/DUI and new USCIS Memo and consequences

    I think we all are missing one critical part in the PM "This PM will not apply to the use of discretion in adjudicating cases. Guidance on how the enforcement priorities will affect USCIS’ use of discretion in adjudicating cases will be addressed in a separate policy memorandum" The memo clearly says that a separate memo will be released which will have details about discretion which adjudicator can apply while issuing NTA. I dont think they are going to issue NTA in every denial case not for the love or sympathy for anyone but to save themselves from lawsuits and further backlogging of the courts.
  13. pagladeewana

    DUI issue

    You need to apply for TPR. Google about it. Without that in all probability they will deny you entry
  14. pagladeewana

    DUI and h1b extension 2018

    Another question did you travel to India after your case ? Not sure if you have answered that before
  15. pagladeewana

    DUI and h1b extension 2018

    That appears to be good news . Even for normal cases sometime h4 ends up being processed before h1 . Normally it means both have been approved