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Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?

15 years ago By Chief Editor

Question details

I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?

That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.

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Marriage to US Citizen with EB AOS is pending

15 years ago By Chief Editor

Question details

I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:

1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.

NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.

A legal marriage in India is fully recognized in USA.

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Leave of absence - I-485 pending

15 years ago By Chief Editor

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a). I am an associate professor at XXX State University. Beginning August, 2009 (in two weeks time), I am planning on going for a one-year unpaid professional leave of absence. During the leave I will be in India. However I would technically still be employed by my University. Meanwhile, I have an approved I-140 (EB-2) - I-485 pending.

b). What happens if I get my green card while I am on leave (I am going to India)? Can I still receive it legally? If I can legally accept the green card, can I change my address on the USCIS web site and give my relative's address? We currently live in California and our case is is handled by Nebraska Center. Given this scenario, should we give the address of our relatives in California, or is it O.K. to give the address of our relative who lives in New Jersey?

c). At the time I filled the I-485 for myself and my wife, my wife was pregnant and could not get one of the immunizations (I think it was MMR). Now I am afraid that when we are out of the country we might get a medical RFE for my wife. Is it possible for us to get the immunizations done by a USCIS authorized doctor, and send the report to the USCIS in anticipation of the RFE? If yes, then which form should be fill/take to the doctor?

a). The first issue would be whether or not you still have a "permanent job" that would qualify you for a green card. In situations of long vacation, questions could be raised whether or not the green card job is indeed permanent; if so, who will do it in your absence; what is the reason for your leave; are you terminating your relationship with your employer, etc. If you have good answers to all these questions, you are fine.

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AOS Interview Experiences at San Jose

12 years ago By Editor

I havent posted my interview experience elsewhere, so am just going to write it in here. I must say that I was not too prepared for the interview (esp compared to most of you), since I had been traveling all that week, and since I am basically lazy
My interview was for 9am, so we reached the DO 15 min before 9. There was no line at security, and we quickly made our way to the upstairs waiting room. I must say that the security guy here was much nicer than the ones at the front.

Green Card

Adjustment of Status

AOS Visa Interview at Denver

12 years ago By Editor

Had my interview today and the officer who was a lady was awesome. Very friendly and she had no hidden agenda to try and prove our marriage wrong. This is how interviews for this should be versus some of the horror stories you hear.

The only document she asked for was to see originals of: marriage cert, birth cert of me and spouse. She then asked for any documents I had showing joint documents: I handed her bank acc, and medical document showing joint memberships. Thats it!! She didnt even ask to see 1 photograph!! She took I-94.

Green Card

Adjustment of Status

Guestbook Entry for Chandra, United States

12 years ago By Anonymous (not verified)

Name

Chandra

Country

United States

State

Texas

Comment

Rajiv Is an amazing attorney, extremely knowledgeable on immigration matters, he understands even the complex cases right away and gives the best solutions. Even with his busy schedules he is always reachable to his clients. The staff of Law offices of Rajiv S Khanna is very nice and reachable all the time, personally I am with them for the last couple of years and their office has followed up my I-485 case with USCIS and moved it to the local office to get an interview. I would highly recommend them for all immigration related matters. Please feel to contact me if you need any other information.