Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
Discussion Topics, Thursday, July 08, 2021:
FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
I had a domestic violence charge that got dismissed in pre-trial.
Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.
And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.
I've a few questions around this:
1) When I apply for I-485, will this situation be treated as Conviction by Immig Officer thouse the case was dismissed in pre-trial?
2) Can I be deported for this when I file for I-485? Am I risking by applying for I-485?
3) The court did not give a separate disposition letter (disposition is in the Criminal Complaint itself). We drafted a letter explaining the charges against me and the outcome of the case and took stamp, seal along with Clerk's signature from the court.
When I file my 485 will this letter be enough as a proof to the Immig Officer that my case was dismissed?
Or do I need to submit the entire docket?
I would like your case to be assessed by a local immigration lawyer who does deportation cases, they usually know this area of the law fairly well. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Thursday, July 22, 2021:
Dear Rajiv,
I would like to say my BIG "thank you" to the Mathew/Aruna team. I posted message early after my I 140 was flawlessly done. Now finally I and my family reached very important milestone - we received our Green Cards in the mail. What I can say - the excellent job of the Rajiv's team and a bit of luck I got the whole process PERM-EAD/AP-I140-I486 for a little bit more that 8 months. Not a single RFE. Not a single hiccup. That can only speak of how professional all the paperwork was prepared. I HIGHLY recommend Rajiv's company. If you want to put your fate in good hands, you can count on this company. Always with good advice, with excellent open communication channels and ready to get in action to serve better its clients.
Now that my journey reached its final destination and there are new prospective on the horizon, I will continue to spread the word about this excellent company –
The Law Offices of Rajiv S. Khana.
Good luck to every one.
Signing out.
Nick
: Dear Rajiv:
I really appreciate the diligent work that you and your team put into my case.
The fact that we didn't get any RFEs for my I-140 and I-485 petitions, in spite of having my previous I-140 petition and the MTR denied by USCIS, shows clearly that you know the way to present material to USCIS so that it doesn't leave any questions/doubts in their minds that we qualify to stay in this country. I believe this is the result of your analysis of each case meticulously and preparing the supporting documentation according to the nature of the case, rather than following a cookie cutter formula like lot of other attorneys. I have seen my previous attorney do it and lot of friends' attorneys doing this. The standard statements I have heard so many times... "We don't need to submit that document now. We can submit that if USCIS asks for it". Forget about sending the documents to USCIS, they don't even let us know that we may need a piece of document and ask us to have it ready. Everything seems to be reactive, rather than proactive. No wonder USCIS takes so long to process some applications. They have to ask for every piece of information and at some point, they might even deny the petition for lack of clear evidence.
For all people who are going through the long and painful process of getting GC, there is only one advise I would like to give. Try to have a highly experienced immigration attorney like Rajiv on your side from day one. It is really hard to correct the mistakes done by other attorneys later. A petition filed with all the necessary paperwork, in the correct form and order will save you from a lot of heartache later on. Even if your company doesn't reimburse for the expenses, it's worth paying for it from your pocket.
And Rajiv, I would like to make a small suggestion to your staff too. While both my I-140 petition (re-filing) and H-1B extension petitions were being processed at the same time (during Dec 05 - Jan 06 timeframe), when your staff asked for copies of the same documents multiple times, it was getting on my employers nerves. The rant I kept on hearing from my company's HR people was, 'we just mailed/faxed them that document last week. Why are they asking for another copy again?'. Members of different teams didn't seem to have any idea that another petition is being handled by a person in the same office and that those documents already exist in another folder in the same office. A few small notes tagged to the files or consolidation of documents for each client might make the experience even more pleasant.
Thank you so much for your help and attention. I wouldn't even think of going to any other attorney for any future immigration related work I might have.
Regards,
Ravi
First of all; I would like to thank the entire Team member who has worked in my case. Special Kudos goes to my case manager 'Aruna Marthi'; she did absolutely fabulous job to get me through this whole process. The time, and efforts you guys have given me the only reason of this case successful. Can you believe it, I got my whole process completed within 6 months and I-485 got approved in less than 2 months.
Thanks again for all of your efforts.
Regards:
BK