tak81 Posted June 3, 2013 Report Posted June 3, 2013 What happens to EB3 once ported to EB2. Is EB3 still valid ? and in future if EB2 I-485 rejected then can I still file I-485 in EB3 category or is it like once porting is done (EB3 to EB2) EB3 becomes invalid?
Belle Posted June 4, 2013 Report Posted June 4, 2013 There is no porting in this case. You simply change what your I-485 is being based upon. Your EB3 petition remains where it is. Yes, you may file another I-485... but why? Assuming your EB2 gets revoked/denied, all you need to do is to say that you have another I-140 to support the case. Added benefit - EB3 PD does not need to be current to switch back because your I-485 was originally filed based on that petition at the time EB3 was current for you.
tak81 Posted June 5, 2013 Author Report Posted June 5, 2013 Thanks Belle, I have another question please let me know your valuable answer.. I was denied entry in to USA (went to canada for stamping but VO didn't approved my visa and asked me to go back to home country for stamping), So tried to come back to USA with temp I-94 (VWP) but in POE they denied my entry to USA and at that time they took my finger prints & picture and i remember they asked me to sing on application withdrawn and later very next day i talked to POE supervisor and got temporary I-94 (30 days) within that period went to india and got it stamped and every-time when i come back to USA they are sending to secondary inspection. I remember once they asked me like do you have any arrest record i said no but they said like i see a red flag what does that mean is it arrest record? When i file I-485 do i need to mention this? will it be a problem for my GC case? also is there anyway to remove that RED flag also how do i know whether i have arrest record or not. Is there anyway that i can request to remove that red flag.
Belle Posted June 6, 2013 Report Posted June 6, 2013 Immigration detention is not an arrest. Check with a lawyer about your situation. I don't see that it would be anything major. Yes, your name will come up on the namecheck in the ICE records, but there are really no problems with your case. I am not sure what you can do to remove the record, but once you get the green card, you are probably fine. Obviously, fine if you get citizenship. And that can take faster than dealing with ICE.
tak81 Posted June 13, 2013 Author Report Posted June 13, 2013 thanks belle.. is there anyway i can check whether i have any arrest records in any of the online sites... because when in POE officer asked me like did you ever been arrested i said like "NO" then he said like i see a red flag here and then send to me to secondary inspection. Why i am worried is because if my date get current then i have to file I-485. In I-485 i am not sure what i am supposed to mention. Could you please suggest me on this....
Belle Posted June 14, 2013 Report Posted June 14, 2013 It would wise to get a lawyer consultation in your case.
geethb Posted June 14, 2013 Report Posted June 14, 2013 thanks belle.. is there anyway i can check whether i have any arrest records in any of the online sites... because when in POE officer asked me like did you ever been arrested i said like "NO" then he said like i see a red flag here and then send to me to secondary inspection. Why i am worried is because if my date get current then i have to file I-485. In I-485 i am not sure what i am supposed to mention. Could you please suggest me on this.... If you got arrested then say 'Yes' otherwise 'No'
tak81 Posted June 18, 2013 Author Report Posted June 18, 2013 @geethb, if I know that i wouldn't ask that question :) Just trying to get where or how i can check about the arrest record.
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