Ann Ruben
02-24 02:59 PM
Raama,
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
ramus
05-29 09:12 PM
HI.. Could you please send web-fax.. We want to reach 3000 number tonight..
If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.
How will the new bill affect the I-485 processing time?
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.
How will the new bill affect the I-485 processing time?
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
morchu
04-23 12:32 PM
Do not assume things. I had waited for my LC approval more than probably the time you spend in college. So dont even go there. Anyway I chose to remain anonymous, and I will remove all details from my profile.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
leo2606
10-29 04:43 PM
I did some mistakes when I went for Visa intervew in March 2007, I have done a new form on line and printed again.If they have not changed the usage of online DS-156 you could do the same thing.
Guys
I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?
Thanks
Guys
I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?
Thanks
more...
gimme_GC2006
09-06 08:06 AM
For USCIS all desi's lookalike :p
hehhehhe..good one :D
hehhehhe..good one :D
gusmig
04-26 11:19 AM
Dear Sabeesh,
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
more...
Eberth
10-21 06:26 PM
yeah!!
how can i do the poofiness??
how can i do the poofiness??
satishku_2000
05-03 03:41 PM
I agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.
Does this mean USCIS has touched all the application before the date ?
Does this mean USCIS has touched all the application before the date ?
more...
vikramy
11-19 07:00 PM
Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
DSLStart
11-04 09:36 AM
Just replace the word Dil with GC in that song from Dil and it fits perfect :D
ok , here is the best ..
Mujhe Nind Na aaye , nind na aaaye hai , mujhe chen na aaye ,chane na aaye ...
YouTube - Mujhe neend Na Aaye - Dil (http://www.youtube.com/watch?v=ypMIhmEfK2w)
Another one but really goes with it ,
Aisi deewangi dekhi nahin ...
YouTube - aisi deewangi (Deewana) (http://www.youtube.com/watch?v=hXmL7WpMyu4&feature=related)
ok , here is the best ..
Mujhe Nind Na aaye , nind na aaaye hai , mujhe chen na aaye ,chane na aaye ...
YouTube - Mujhe neend Na Aaye - Dil (http://www.youtube.com/watch?v=ypMIhmEfK2w)
Another one but really goes with it ,
Aisi deewangi dekhi nahin ...
YouTube - aisi deewangi (Deewana) (http://www.youtube.com/watch?v=hXmL7WpMyu4&feature=related)
more...
Leo07
05-21 05:18 PM
'American Nava Nirman Sena' Ticket---LOL:)
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
desi485
03-24 03:12 PM
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
more...
logiclife
05-11 11:47 AM
Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR�s talk show �Talk of the Nation.� They�ll be looking for people to call in with their stories.
All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.
Avoid bashing illegals or any other groups. Its not IV policy and should not be done.
We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.
STAND UP AND SPEAK UP.
All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.
Avoid bashing illegals or any other groups. Its not IV policy and should not be done.
We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.
STAND UP AND SPEAK UP.
katakamk
07-11 03:00 PM
Yes, USCIS can raise RFE ability to pay even in I-485 stage.
more...
ajcates
10-13 10:33 AM
oh.
sportsguy131
07-31 05:07 PM
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
more...
yabadaba
06-29 02:13 PM
bumpabaump
mlkedave
03-06 06:34 PM
ill vote for u then paddy
thanks for telling me about the duplicate
thanks for telling me about the duplicate
vnsriv
04-07 04:50 PM
Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
Looks like you have pending of adjustment(I-485). At the time of filing I-485, you must have provided the photocopies of latest I-94. So relax. You don't have to resend unless you get an RFE on I-485 which is rare. I haven't heard anyone getting an RFE on missing I-94. They have no proof that you did not submit your I-94. Again, this is my own opinion and not a legal advice
Best of luck
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
Looks like you have pending of adjustment(I-485). At the time of filing I-485, you must have provided the photocopies of latest I-94. So relax. You don't have to resend unless you get an RFE on I-485 which is rare. I haven't heard anyone getting an RFE on missing I-94. They have no proof that you did not submit your I-94. Again, this is my own opinion and not a legal advice
Best of luck
sunny1000
11-19 06:23 PM
Thanks everyone for replying. My I797 shows all the correct dates (ND and RD). Infact, the date online matches the notice date. So, I guess it is ok.
MArch172008
05-23 03:32 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
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