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:
Discussion Topics, Dec 3, 2020
FAQs:
H-1 Visa and Spouses H-4 EAD Expires at the Same Time - What are the extension options?
1) How long does I-485 EAD approval take?
2) Once spouse gets I-485 EAD , Is it ok if she starts working on I-485 EAD ? Does that impact my H1B status ?
3) On January 2021 my company is ready to file my H1 extension and her H4 and H4 EAD , is that ok to apply if our I-485 is pending ? What will happen to her I-765 (C) (9) since we are applying H4 EAD too.
4) If she get H4 EAD approval then she will have two EADs , Which one to use and how ? Is it ok to have two EADS ?
5) My wife's company is also ready to apply her H1B (as she was already on H1B till 2016 and she was only on H1B for 2.5 year), If her company applies her H1B , do we have to worry about anything related to Pending I-485 application?
Other Topics :
Trump's Immigration Order on Green Card Application for Parents || Furlough and Applying for Unemployment Benefits || Will a Misdemeanor Conduct Obstruct the Application for a Tourist Visa for my Brother? || US Green Card Holder to be Married to a Canadian PR - Repercussions || EB-2 Green Card Backlog and Family Based Green Card Spillover Due to the Immigration Executive Order || Transfer of H-1B to a New Employer and Keep the Green Card Going || Implications of H-1B Visa Salary Reduction when Changing Jobs in the Future || Occupation Column of Form G-325A Regarding I-485 || EB-2 to EB-3 Downgrading and 180 Day Requirement || H-1B Extension and Impact on Green card Processing when Dates are current || I-485 interviews in the Year 2021, Expedite of a Pending L-1 based AO and Mandamus Petition
1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ?
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2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?
Watch the Video on this FAQ: Pending I-485 Petitions and 180 Day Portability Rule
Video Transcript:
1. I think you should be comfortable as long as your I-485 revocation does not get triggered off.
Note: 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.