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HRQX

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HRQX last won the day on February 28

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About HRQX

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  1. Leaving without approved AP abandons the pending I-485. See 8 CFR § 245.2(a)(4)(ii)(A) "The departure from the United States of an applicant who is under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of the proceeding by reason of the departure. Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act."
  2. Yes Actually, he can work legally without SSN. If the employer uses E-verify, then they should select "Awaiting Social Security number." https://www.e-verify.gov/faq/my-employee-applied-for-a-social-security-number-ssn-but-has-not-yet-received-it-what-should-i If a newly hired employee has applied for, but has not yet received his or her SSN (e.g., the employee is a newly arrived immigrant), attach an explanation to the employee’s Form I-9 and set it aside. Then create a case in E-Verify using the employee’s SSN as soon as it is available. If you are unable to create a case by the third business day after the employee’s first day of employment, select Awaiting Social Security number when prompted by E-Verify. https://www.twc.texas.gov/news/efte/employees_without_ssns.html It is certainly legal to hire someone who is authorized to work in this country, but who does not have a social security number or who chooses not to disclose it. He can legally work, travel internationally, etc. etc. with it. No SSN results in the obstacle of not being able to go through background check process, though. Also expect a delay in receiving the paycheck:
  3. "As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful." https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF Do not file I-539.
  4. Can you clarify: Is your wife a US citizen or is she a non-citizen national (i.e. born in American Samoa, etc.)? I assume your wife already filed a I-130 for you? Was your visa issued? What is your visa type?
  5. Are they currently in India. If so, the nonimmigrant travel ban would affect them if they try to travel with the tourist visas (assuming they don't meet a listed exception) https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019.html https://www.federalregister.gov/documents/2021/05/06/2021-09711/suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting
  6. DACA is also for overstays: https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca/frequently-asked-questions Had no lawful status on June 15, 2012, meaning that: You never had a lawful immigration status on or before June 15, 2012*, or Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
  7. OP said DACA was granted before turning 18. If DACA was properly renewed then I-601A not needed: https://fam.state.gov/FAM/09FAM/09FAM030211.html DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include: (1) (U) For aliens inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either: (a) (U) the expiration of the Form I-94 (or any extension); or (b) (U) a formal finding of a status violation made by DHS, an IJ, or the BIA in the context of an application for any immigration benefit or in removal proceedings, whichever comes first. (2) (U) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made; (3) (U) For aliens granted "voluntary departure" (VD), pursuant to INA 240B, the period of time between the granting of VD and the date of their departure, if the alien departs according to the terms of the grant of VD; (4) (U) For aliens who have applied for extension of stay or change of nonimmigrant classification and who have remained in the United States after expiration of the From I-94 while awaiting DHS's decision, the entire period of the pendency of the application, provided that: (a) (U) the alien does not work unlawfully while the application is pending and did not work unlawfully prior to filing the application; and (b) (U) the alien did not otherwise fail to maintain his or her status prior to the filing of the application (unless the application is approved at the discretion of USCIS and the failure to maintain status is solely a result of the expiration of the Form I-94), and further provided either: (i) (U) that the application was subsequently approved; or (ii) (U) if the application was denied or the alien departed while the application was still pending, that the application was timely filed and nonfrivolous. (5) (U) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated); (6) (U) For aliens covered by Temporary Protected Status (TPS), the period after TPS went into effect and prior to its expiration; and (7) (U) For aliens granted deferred action, the period during which deferred action is authorized.
  8. Ignore the lawyer and print out the following page from DOS Foreign Affairs Manual: https://fam.state.gov/FAM/09FAM/09FAM030211.html DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include: (1) (U) For aliens inspected and admitted or paroled until a date specified on the Form I-94 or any extension, any period of presence in the United States up until either: (a) (U) the expiration of the Form I-94 (or any extension); or (b) (U) a formal finding of a status violation made by DHS, an IJ, or the BIA in the context of an application for any immigration benefit or in removal proceedings, whichever comes first. (2) (U) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made; (3) (U) For aliens granted "voluntary departure" (VD), pursuant to INA 240B, the period of time between the granting of VD and the date of their departure, if the alien departs according to the terms of the grant of VD; (4) (U) For aliens who have applied for extension of stay or change of nonimmigrant classification and who have remained in the United States after expiration of the From I-94 while awaiting DHS's decision, the entire period of the pendency of the application, provided that: (a) (U) the alien does not work unlawfully while the application is pending and did not work unlawfully prior to filing the application; and (b) (U) the alien did not otherwise fail to maintain his or her status prior to the filing of the application (unless the application is approved at the discretion of USCIS and the failure to maintain status is solely a result of the expiration of the Form I-94), and further provided either: (i) (U) that the application was subsequently approved; or (ii) (U) if the application was denied or the alien departed while the application was still pending, that the application was timely filed and nonfrivolous. (5) (U) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated); (6) (U) For aliens covered by Temporary Protected Status (TPS), the period after TPS went into effect and prior to its expiration; and (7) (U) For aliens granted deferred action, the period during which deferred action is authorized.
  9. The typical time to respond is about 87 days, but USCIS will sometimes put a different specific date.
  10. GC through Registry is only for individuals (including illegals) that have been present since before 1972 and meet certain other requirements: https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-registry https://www.uscis.gov/policy-manual/volume-7-part-o-chapter-4 "statutory provision on registry" *Also why I-485 form is called "Application to Register Permanent Residence or Adjust Status"
  11. https://www.visajourney.com/forums/topic/765022-k3-visa-length-of-process-and-how-to-speed-up/?do=findComment&comment=10475488 There are key differences between K3/K4 and K1/K2: https://www.visajourney.com/guides/marriage-visa-comparison/ After the K-3 Visa is approved byt he US Consulate, the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa. See 8 CFR § 245.2(a)(4)(ii)(C): "The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status."
  12. Preconceived intent to adjust status from B-2 status is illegal. See INA 212(a)(7)(A)(i)(I) and INA 214(b).
  13. Your wife can work legally with just the GC. If the employer uses E-verify, then they should select "Awaiting Social Security number." https://www.e-verify.gov/faq/my-employee-applied-for-a-social-security-number-ssn-but-has-not-yet-received-it-what-should-i
  14. There shouldn't be a need to contact HR since he is still a LPR after June 12. https://www.uscis.gov/i-9-central/complete-correct-form-i-9/completing-section-3-reverification-and-rehires Employers should not reverify: U.S. citizens and noncitizen nationals Lawful permanent residents who presented a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2. This includes conditional residents. List B documents
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