Unlawful Presence

USCIS Publishes FAQ On Filing A Provisional Unlawful Presence Waiver

Submitted by Editor on

USCIS frequently asked questions (FAQ) document on a new process that will allow certain spouses, children & parents of a U.S. citizen to apply for a provisional unlawful presence waiver while they are still in the United States.

Please check the attached document for detail.

Nonimmigrant Visas: 
Unlawful Presence

Guestbook Entry for RAZIA HAMDOON, United States

Name: 
RAZIA HAMDOON
Nonimmigrant Visas: 
Status
Unlawful Presence
Green Card: 
General Green Card
CSPA
State: 
NC
Country: 
United States
Email: 
Contact person by email
Comment: 
Yet again, great advice and counsel from Mr Rajiv Khanna, P.C.  He is more than an attorney.  He comes across as a deeply concerned and compassionate human beling eager to listen to one’s situation/s and (immigration)circumstances.  He’s provided me plenty of legal ammunition and warewithal to resolve my son’s immigration quandary. I am eagerly looking forward to paying him a courtesy call to express my profound thanks and gratitude.  I hold him in high esteem for his eminence and knowledge of the US immigration laws and system.
Post date: Nov 30th 2011

Guestbook Entry for Tribendu Datta, United States

Name: 
Tribendu Datta
State: 
Nevada
Nonimmigrant Visas: 
H-4 Visa
Extension
Unlawful Presence
Country: 
United States
Email: 
Contact person by email
Comment: 
I am on H1 and my wife (on H4 visa) was out of status for more than 8 months. We received the approval nunc-pro tunc. Just to give little background, we found about this when we were planning to process her F1 visa. We browsed through all known forums and short listed two firms, Murthy’s and Rajivji’s. After the first consultation with Rajiv, I got some ray of hope and thought of retaining Rajivji’s firm at that very moment. I omitted the options of retaining my employer’s corporate firm and Murthy’s firm. Rajivji was very thorough about our case and even had a discussion with my employer to get all the inputs.  I want to convey my special thanks to Rajiv’s attorney Ms Sheena Gill. She was very prompt during the preparation of this case.I really appreciate her enormous follow-ups with USCIS, without which we could not have achieved this success. Thanks to Rajivji and his entire team, they literally gave us a new life. Winning a nunc-pro-tunc case is not a piece of cake, a lot depends on luck and the skill of the law firm.  I would highly recommend Rajiv’s firm to anybody for complicated case like this.
Post date: Jan 6th 2010

Unlawful Presence for Minors

Submitted by Chief Editor on

My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.

Watch the Video on this FAQ: Unlawful presence for minors

Video Transcript

For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...

 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Submitted by Chief Editor on

File Nov 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Substantial transcription for video: 

FAQ's

Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||

Other

Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending

H-1B or Other Status Denied - What is my Status?

Submitted by Chief Editor on

My I-94 expired on Dec 13th last year. Company filed for extension but RFE....now i will be laid off on Feb 9th and my company will not file for RFE response. How many days do i have to leave the country? Do i need to leave immediately on Feb 9th or can i leave by Feb 13th or 14th ? Will 5 days of out of status impact my future applications ? Also another company has offered me a job. If they file for H1B do they have to do it after I leave the country or can they start it and i can leave in between and do Counselor processing?

Watch the Video on this FAQ: H-1B or other status denied - what is my status?

Video Transcript

Basic Concepts to be in Status

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Status and Unlawful Presence Questions in the Form DS-160

Submitted by Chief Editor on

Having plans to travel to India in last week of Sept 17 and with my visa stamp on passport expiring on 1st Sept 2017, need to go for visa interview & when I am filling my DS-160, came across the question : Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Considering the above situation, could you please help with what to answer Yes/No. If Yes, what comments to be written in the EXPLAIN BOX .

Watch the Video on this FAQ: Status and unlawful presence questions in the form DS-160

Video Transcript

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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