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About randomstairs

  • Rank
    Senior Member
  • Member # 230993

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Immigration Info

  • Immigration Status
    Adjustment of Status (approved)
  • Place benefits filed at
    Nebraska Service Center
  • Our Story
    AoS pending.

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  1. Okay then, that's good. Make sure the AZ address was the right one for your case. Give it another week and then ask the attorney to file again.
  2. The denial isn't even your biggest problem. If it's deemed that you misrepresented your non-immigrant intent you could face visa fraud charges. If E-2 isn't clearly a dual intent visa, you should probably not risk filing I-485 too soon.
  3. Hold on! When was your I-140 filed? Did you forget to list it here or had it been approved before the I-485 was mailed? Without a pending or approved I-140 your I-485 and other forms would be rejected. So hopefully this wasn't the case.
  4. 1. Yes, you can work on your valid EAD. 2. You can't travel without the AP. That could jeopardize your AoS application. When you filed for AoS (I-485) you should have also filed for both, EAD and AP. If your I-485 was approved you would be LPR already. So was it approved or not?
  5. The Service Center (Texas or Nebraska) depends on the state of your employer (or your proposed employment if you're unemployed or filing from outside of the US). In your I-140 you are listing your proposed employment (often the same as the current employer) and its location will determine which address to use for filing. If you work and live in different states (e.g. live in NJ and work in NY) you should still go by the state where you work.
  6. Congrats! Thanks for the update. You'll be current on Oct 1st.
  7. You really need an attorney for this. I'm not a lawyer. Below is what I think, but remember I'm a random person on the internet: 1. If you worked on expired EAD for less than 180 days you may be protected by 245(k), depending on your status. The days of violation start counting from your last legal entry. 2. Given that you had not even applied for the extension of the EAD prior to your violation, that's unlikely to succeed. But who knows... 3. Probably. But you may have some recourse. Don't leave the US without consulting a competent lawyer. It's generally easier to solve these problems from the US. 4. If it comes to that, yes. If you're in the US, chances are that only the Immigration Judge can remove you, meaning you can use all such evidence before the decision. 5. If you're in the US and filing I-485, the 245(k) will probably protect you as long as your violation was for less than 180 days. It's not so bad. Most likely the angel of 245(k) is on your side. But again, get a good attorney and don't relay on random posts on the internet like the above.
  8. Even if it's not current by Oct, it will become current soon after for your PD (a month or less). Yes, the I-485 processing times are hard to predict. They also keep transferring cases between offices and the processing times vary among them. It's almost always better to file concurrently. (See if you can file before the I-140 approval. I'm not sure if that will help at this point though.) The I-140 approval is a critical date in terms of I-485 processing. USCIS won't even touch the I-485 application before your I-140 is approved. But generally, if you file concurrently you'll get the GC faster.
  9. Because there is a per-country cap for EB2 (but not EB1), which is resulting in those born in India to face a 10+ year backlog. That's not the case for EB1 where the backlog is "only" a few years. So those Indians who can switch to EB1 (almost always EB1C) will do it, causing and facing the shorter backlog. For EB2 the per-country limits allow those from other countries (Rest of World - ROW) to stand in separate lines from the extremely long Indian backlog, which is why EB2 is even faster for ROW applicants than EB1. Hope that helps.
  10. Oh okay. So that's only for those who became LPRs through marriage to a USC or LPR. That makes a lot of sense. Thanks!
  11. Point 3). Really? Any references to "He (generally) cannot sponsor a new spouse for a green card for at least 5 years after becoming a green card holder"? I couldn't find this condition on the USCIS website: https://www.uscis.gov/family/family-green-card-holders-permanent-residents
  12. How did you become a USC, if you don't mind me asking?
  13. EB1 is a different animal altogether. EB1C is an avenue for those stuck in the EB2/3 "backlog" to become current. So the demand is extremely high which is why the dates are retrogressing. EB2 doesn't have that issue so it will almost certainly become current on Oct 1st, as it always does.
  14. If the OP was denied a H1B or a similar dual intent visa then it shouldn't affect their B1/B2 or ESTA - depending on what the denial was for, of course. Certainly the OP should apply for ESTA and even if they get refused the entry, it's just a short ride back to Vancouver.
  15. If you still have another hearing then you haven't been convicted yet (unless it's a sentencing hearing which for DUI's would be unusual). Normally what happens is that the consulate assigns a medical panel ("panel doctor") in your area to perform an exam. They will test your liver enzyme levels and ask you several questions to determine if you are an abuser of alcohol. If you "pass" the exam the consulate will continue processing your visa. If this was your ONLY alcohol-related arrest you should be okay (provided you "pass" the exam). If you had any other record of similar crimes, forget about the visa - at least for the next 5 years. When (if) you arrive to the US make sure to attend all the court dates and get the best lawyer you can afford. As others have said, a DUI is a serious crime in the US so take it for what it is.
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