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Recording of Free Community Conference Call (Every Other Thursday), 17 September 2015
Immigration.com
Green Card
Substantial transcription for video
FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.
BALCA Appeal Times (as of January 08, 2016)
BALCA Appeal Times as of January 08, 2016
Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed.
- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket
- Dockets are a few months backlogged right now - after BALCA receives the case from DOL, it takes about 5-6 months for them to issue the Docketing Notice
Agency
Green Card
Immigration Law
Fraud Findings Reversed
We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa. The consulate directed the applicant to file for a waiver (which is quite difficult to obtain). Note that a finding of fraud is a permanent bar from entering the USA.
Status
Green Card Approved after Fraud Finding
Agency
Green Card
Immigration Law
BALCA Appeal Times (as of July 18, 2016)
BALCA Appeal Times (as of July 18, 2016)
Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed.
- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket
- Dockets are being completed within the same month that they are received
Agency
Green Card
Immigration Law
Aug 6, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Substantial transcription for video
FAQs: I-485 Pending Using EAD Consequences || H-4 EAD issues || FAQ: H-1B no notification of termination, 60 days grace period, etc. || Deadline to join new employer after H-1B transfer is approved ||
OTHER: DV lottery || Withdraw BALCA appeal, H-1B extension || H-4 EAD Starting business || Name error on I-140 || Green Card holding parents unable to travel || Traveling with existing L-2 visa || H-1B extension based upon pending green card || EB-1C priority date prediction || F-1 OPT withdrawing H-1B
Guestbook Entry for Namrata Tognatta, United States
Name
Namrata Tognatta
Country
United States
State
PA
Guestbook Entry for K.R.Shankaran, United States
Name
K.R.Shankaran
Country
United States
State
Mississippi
Naturalization eligibility for recently extended absences over six months and less than one year from the U.S.
Question details
My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.
He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.
What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?
Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.
FAQ Transcript
Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.
Implementation of the Supreme Court Ruling on the Defense of Marriage Act (DOMA)
Statement from Secretary of Homeland Security Janet Napolitano:
Next Steps On DOMA And FAQ's From The State Department (DOS)
UNCLASSIFIED
STATE
00112850
AUG 13
SUBJECT: NEXT STEPS ON DOMA
GUIDANCE FOR POSTS
Radio Show 2013, September 4
Nonimmigrant Visas
Immigration Law
N-400 Timeline, 3 year rule (marriage based application)
Here is my journey thus far:
GC holder since March 21, 2008 (married to U.S. citizen since 1997)
6/11/12: N-400 sent via UPS to Lewisville, TX
6/12/12: N-400 delivered
6/13/12: NOA received (Priority Date: 06/12/12)
7/18/12: FP notice recd
8/09/12: FP scheduled - Done
9/04/12: In line for Interview scheduling
10/12/12: NOA received, Interview scheduled
14/01/13: Interview Done, N-14 "Request for evidence" given to me