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newacct

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Everything posted by newacct

  1. newacct

    Parents GC Filed, can they travel??

    They cannot leave while I-485 is pending unless they've been granted Advance Parole before they leave, and they return during the validity period of that Advance Parole. Otherwise they will automatically abandon their AOS. They should have applied for Advance Parole for free with I-131 with their I-485. If they didn't, they can apply for it now, though it may take 5-6 months to get.
  2. B2 visitors are usually admitted for 6 months. May 2019 is 6 months after November 2018, so there is nothing unusual about that. Sure they could have admitted her for a shorter time due to her coming back after just being away for a few days, but they don't have to. 6 months is the norm for each visit unless there are special circumstances.
  3. If it's a very urgent situation like an immediate relative is dying or just died, she can try to apply for Emergency AP in person at the local USCIS office. Otherwise, if she leaves the US without AP while her AOS is pending, she automatically abandons it. Her I-130 petition would still continue processing and eventually get approved, but she would have to do Consular Processing abroad for an immigrant visa, since she would not have any way to return to the US to do AOS (she is not supposed to enter on a visitor visa with intent to do AOS during that stay).
  4. If you have a green card, you can work for as many jobs as you like (or not work if you like).
  5. newacct

    B2 Visa Extension

    240 days is talking about being authorized to work for 240 days after I-94 expiry for people in work status who have a pending extension. B2 cannot work, so that is irrelevant. People in any status can stay for an unlimited amount of time after I-94 expiry during a pending Change of Status or Extension of Status application.
  6. newacct

    Filing AOS while pending L1A extension

    No it doesn't. Pending application is not status. Lack of "unlawful presence" is also not status. Unless you are exempted from the bar to AOS for being out of status (e.g. Immediate Relatives, and employment-based immigrants for whom 245(k) applies), you must be in status to be eligible for AOS. A pending COS/EOS could potentially later make you retroactively in status if it is approved. In that case, you can still file I-485 when the COS/EOS is pending, but they will have to defer processing of the I-485 until COS/EOS is approved; and if the COS/EOS is denied they will also deny the I-485. This is described in Volume 7, Part B, Chapter 3, Section E of the USCIS Policy Manual. In this case, this is all irrelevant to the OP as INA 245(k) applies as long as they have not been out of status or working illegally for 180 days from the most recent admission, so they are not subject to the bar to AOS for being out of status.
  7. newacct

    Filing AOS while pending L1A extension

    Yes, INA 245(k) says you are not subject to the bar to AOS for being out of status or unlawful employment as long as you have not been out of status or working illegally for more than 180 days since your most recent admission. Since you have not been out of status for 180 days, if you file I-485 now, it will be valid regardless of the result of the Extension of Status application. (i.e. Even if the Extension of Status is denied, you would still have been out of status for less than 180 days since your most recent admission until you filed I-485. So assuming you did not work illegally, INA 245(k) applies. Therefore, it is not necessary to wait for the Extension of Status application to adjudicate your I-485.)
  8. newacct

    Filing AOS while pending L1A extension

    The only 120 day period is the statutory amount of time one is "tolled" from accruing "unlawful presence" after one's I-94 expires during a timely-filed, non-frivolous Change of Status or Extension of Status application. That is not relevant because: 1. The 120-day statutory period has been extended to an unlimited period (i.e. one does not accrue "unlawful presence" after one's I-94 expires for the entire duration of a timely-filed, non-frivolous Change of Status or Extension of Status application, no matter how long it takes). 2. "Unlawful presence" does not matter for AOS. Being out of status (currently or ever in the past) bars one from AOS (unless one is in the Immediate Relative category, or in an employment-based category and INA 245(k) applies) even if one has not accrued any "unlawful presence".
  9. no. She should bring her I-485 receipt
  10. newacct

    Extending Parents Stay

    https://www.uscis.gov/i-539-addresses , last one ("All other..."), which is the Dallas Lockbox
  11. newacct

    Can I-485 be expedited?

    INA 274B only protects certain groups of "protected individuals" against citizenship status discrimination, where "protected individual" is defined as a US citizen or national, US permanent resident, temporary resident, refugee or asylee. So, yes, it is illegal to discriminate against, say, an asylee, for not having a GC. But assuming the OP is not a refugee or asylee, they are not a "protected individual" who is protected against citizenship status discrimination by this law, and cannot bring a claim of citizenship status discrimination under this law.
  12. It should be fine as you are both staying legally in the US.
  13. newacct

    I 485 filing - Am i eligile to file I 485?

    Yes, you can file I-485 in January 2019.
  14. newacct

    Government shutdown

    USCIS is self-funded, so will keep working during a shutdown. However, immigration processes that involve other departments will be delayed by a shutdown.
  15. newacct

    Applying Indian passport for twins born in US

    There is no such thing as "waiving their US citizenship". They are automatically and involuntarily US citizens, and there is no possible way for them to lose their US citizenship until they grow up and voluntarily intend to lose it. However, as long as their birth is registered within one year of birth at an Indian consulate, and they do not get a US passport, they are also Indian citizens. I think usually they would also apply for Indian passports at the same time; I'm not sure why you guys would wait. As US citizens, there is no way for them to get a green card or US visa. The only document they can get to allow an airline to board them for travel to the US is a US passport. But getting a US passport would cause loss of their Indian citizenship. Another option for them to return to the US might be to travel to Canada or Mexico first and then enter the US by land without a US passport, using only their birth certificate.
  16. Yes, definitely. Anything you were charged with (even if not convicted) needs to be included. And any time you were arrested (even if not charged) also needs to be included.
  17. They should contact a CBP office and get it corrected; otherwise, their AOS could be considered to have been abandoned.
  18. If I-485 is filed while he is in status (i.e. before he turns 21) , or (since this is an employment-based category) if I-485 is filed when he is out of status but has had less than 180 days of being out of status or illegal employment since the most recent entry, his I-485 is fine and he can stay while I-485 is pending. Note that being out of status is a separate issue from aging out. He loses H4 status immediately upon turning 21, but he might not age out for immigration purposes until later, depending on the CSPA calculation.
  19. You remain in status for 60 days after you leave your previous job, as long as your I-94 doesn't expire earlier. As long as your new H1b petition is filed in those 60 days, you are fine.
  20. newacct

    I-765 for my E3 Spouse

    The title of this thread says "for my E3 spouse". So does that means you are the E3 principal and your spouse is an E3 dependent spouse? Your spouse would be applying for an EAD with category (a)(17); the I-765 instructions for that type of EAD does not mention anything about receipt numbers. Nor does the I-765 form ask for anything like this for this category.
  21. Your I-485 will be denied. Adjustment of Status in your category (spouse of a permanent resident is in the F2A category, which is not in the Immediate Relative category) requires that you were in status at the time of filing I-485, and have never been out of status any time in the past. At the time you filed I-485, your previous status had already ended, and you just had a pending Extension of Status. Having a pending Extension of Status does not mean you have status. Therefore, your eligibility for I-485 depended on your Extension of Status being approved (and approved for a period of time that includes the date you filed I-485.) Your Extension of Status was denied, and therefore, you were not in status at the time you filed I-485 and you were therefore ineligible for I-485. (It should be noted that B2 extensions of status are only for 6 months at a time, so if your status ended in December 2017, even if your first Extension of Status were granted, the status granted would not have lasted until July 2018 anyway, so it still would not have allowed you to file I-485 at the time you did, unless you filed a second Extension of Status during the first 6 months, and both Extensions of Status were approved.) See Volume 7 Part B Chapter 3, section E-1 in the USCIS Policy Manual:
  22. newacct

    I539 pending

    Yes, she can. The second Extension of Status will depend on the first Extension of Status being approved for a period of time that includes the date the second one was filed.
  23. newacct

    expired greencard

    No. She will pretty much definitely be found to have abandoned residence.
  24. Yes. And they cannot leave the US until they get their green card or Advance Parole, or they would automatically abandon their AOS.
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