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natan111

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About natan111

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  1. natan111

    EB2 NIW to EB3

    Yes, you can port your PD but your EB3 will have to be separately approved - obviously. If you're serving in an undeserved area and your NIW is based on that, then it may not be so simple.
  2. natan111

    EB2 NIW to EB1

    1. You can't convert anything. File a new EB1 based petition (or your employer can do that if they sponsor you). Your NIW will remain unaffected by it. You can retain your NIW I-140. 2. You can change employers but not fields of concentration. When you file the I-485 you'll need to show that you're still in the same field as initially declared on your I-140 NIW form. Yes, as a self-petitioner you're not tied to the employer. You can change as many as you please - or be unemployed - as long as you remain in the same field.
  3. natan111

    DWI on F1

    You're not providing enough info. Were your previous (dismissed) misdemeanor charges alcohol-related? (If yes, that could potentially become a bigger issue.) Were you given a lab test (blood sample taken) during this last detention? I don't know TX laws but generally the alcohol content in blood is what the courts ultimately go by. In any case, the prosecution will have to prove beyond a reasonable doubt that you were under influence. That may be challenging for them to do without any actual tests taken. But then again this is TX so anything is possible. Get a very good lawyer and don't plead guilty if you're not. Yes, you could be deported with 3 misdemeanors (even without convictions). More likely your F1 could be denied. Again, more info is needed. -- I'm not an attorney, just a random person on the internet. --
  4. Why did you file in Aug, 2019? That's likely putting your conviction within the GMC period (3 years if based on marriage). Had you waited for just another month this would probably have not become an issue. With these cases you should make sure that any convictions or arrests fall at least a month or two outside the GMC period. If you were indeed convicted during the 3-year period your application may get denied. Worst case, start a new application which should get approved if the above was the only issue.
  5. Normally such a long absence from the US would result in losing your LPR status. CBP doesn't necessarily refuse the entry to those who no longer qualify for LPR but USCIS can revoke the LPR status at a later point (based on the past failure to maintain the status), which could put you in deportation proceedings. It is surprising that your B2 visa was approved given that you had already shown immigrant intent. A more appropriate visa would have been the Returning Immigrant visa - SB-1. With that visa your LPR status would have been reinstated. From your description it sounds like your GC might have been renewed in error. If your B2 I-94 is still valid, you could perhaps leave the US and apply for the SB-1. (In this case you could argue that no violation has occurred.) This is assuming that you clearly indicated that you had had the LPR status when you applied for the B2 visa. If you failed to mention these facts, your B2 application could be considered visa fraud (since you clearly intended to remain in the US with your GC renewal), in which case you may be banned for life. Let's hope that's not the case. Best contact a highly proficient attorney. This sounds like a very serious case. I'm not a lawyer and the above is not advice but my personal opinion and speculation.
  6. Of course you should report it. Had it happened before you filed the I-485? If so, did you list it in the I-485? If not, hire an attorney immediately. If you did report it in the I-485 or if it happened after you filed the I-485, you'll be fine because it happened outside of the statutory period. You should still hire an attorney, especially if it could be considered CIMT.
  7. natan111

    Phone call from USCIS Field office ?

    "...which said that it was an officer from the Dallas USCIS field office and that they need to schedule a second interview for her" This is oddly specific. USCIS normally communicates by mail. But still, because the message is so specific, you should probably call USCIS and speak to a Level 2 IO. Did the message instruct you to contact USCIS? If so, is the contact info real?
  8. You should report it. It should have no adverse consequences unless it was alcohol-related (e.g. if the original charge was DUI).
  9. natan111

    Secondary inspection

    Petty offense exception applies only to CIMT. You were convicted of CIMT (for immigration purposes) and seem to meet the 2 conditions, so you should qualify for petty offense exception. (I'm not a lawyer. Hire one.)
  10. natan111

    Public Intoxication

    I'm not an attorney. It's a very minor charge. It's more than a parking ticket but much less than a DUI. If you did community service you must have been convicted or placed into alternative sentencing (that's the same for immigration purposes). Public intoxication is NOT a CIMT and will probably have no impact on your immigration benefits. However, there are two concerns you should note: (1) You must disclose it on any future forms or interviews if asked about any criminal history (visa stamping, GC, citizenship, etc). I don't think that you have to do so for H1B process within the US, but probably you'll get this question when applying for a visa at a consulate (the stamping). Disclose the case and provide any documents that you have. For OPT extension I think (not 100% sure) you don't have to disclose it. But, again, use common sense. If asked, by all means, you must disclose it. (2) While public intoxication (PI) is a very minor offence, it is still considered an alcohol-related charge. So your medical status may be affected if you have more than one of these. A single PI will have no consequences, neither criminal nor medical. However, make very sure you don't get another alcohol-related charge (PI or DUI) because that could potentially make you inadmissible on medical grounds (alcohol abuse). Overall, this single charge is nothing to worry about as long as you disclose it when asked. Again, I'm not a lawyer.
  11. natan111

    My rights at Port entry with arrest record

    I'm not a lawyer - just a random person on the internet. That said: 1. Yes, you do. But that may result in detention and refusal of admission. You should fully disclose your confessions if asked. 2. Yes. But, again, if you don't cooperate they may not allow you to enter the US. 3. Any document from the court or arresting agency that shows the resolution of the case will do. You confessed, so you are convicted for immigration purposes. If it's a felony you are most likely already inadmissible (if you confessed to a lesser offence, maybe not). You should fully disclose your criminal history if CBP asks you about it. 4. CBP most likely won't inform your employer unless you work in certain sensitive areas where such an arrest may present a security risk. Get a good immigration attorney with experience in criminal history cases. If you are inadmissible/removable you may have an option to apply for a waver.
  12. natan111

    travel to UK with dismissed case in USA

    You should assume that they do share such details and then act accordingly. While this is US immigration forum, I would presume that UK authorities, similarly to their US colleges, expect honest answers when/if they ask you about any criminal history. If your case was not serious (e.g. less than DUI or DV) you should have no issues entering other western countries. Canada won't let you enter with a single DUI. I don't know about UK.
  13. This sounds serious so let me make sure that you understand that I'm a random person on the internet and not an attorney. It depends on the facts of the offence. For immigration purposes it is the actual criminal act that matters. Certainly, a conviction of a felony is pretty much the end of your US immigration path, so a very minor misdemeanor like "disturbing the peace" sounds like a very good deal to me - on a SURFACE. But, again, what really matters is the actual facts behind the charges. So what actually happened? Without describing the offence, it is very hard to tell what the immigration consequences might be. Insurance fraud is, as you acknowledge, an extremely serious charge. (I'm not a lawyer.)
  14. natan111

    DWI/DUI and new USCIS Memo and consequences

    Yes, but only if those year-old dismissed charges would make you inadmissible/removable (i.e. convictions for immigration purposes - mostly aggravated felonies) AND if you committed ANOTHER crime while inadmissible/removable (even if that other crime was ultimately dismissed).
  15. natan111

    DWI/DUI and new USCIS Memo and consequences

    No, DUI does not make you inadmissible (a simple one and the first one, that is). It can affect your visa but that's unrelated issue. Crimes that make you inadmissible are more serious, usually CIMT. If your I-94 is valid you've nothing to worry about re this memo.
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