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Jan03Filer

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Thank you for starting this new thread. I hope ppl would write abt their experiences and the added issues we face now coz of this draconian law.
here is my exp...
i have filed for my I-140, EAD and 485 concurrently under 245i and so fa i have received all the received notices.
i went for reg. at arlington VA. INS office on 25 feb 03 as i was required by law. i am from pakistan. I don't have any criminal or any neg record of what so ever. I was issued NTA, now i have to appear in court. I did show the person my notices letters i received from INS vermont where my cases are filed but he said they will still issue me NTA coz i over stayed on my initial visa which was B2.
The next day when i opened my mail i had a letter from INS asking me to go to one of their offices for finger printing for my 485. At this point i would like to mentioned that none of my EAD OR 140 are cleared but i have been asked for FP.
I was not issued a court date and was told that a letter would be mailed to me for such.
I don't know what will happen and would sure like to hear from ppl who had similar case if any. I hear from people that alot of ppl were issued NTAs and that why i requested office if they could start such a thread, maybe we might get some ideas as to what's going on re. this issue.
One advices, that i sure would like to give, is don't trust the pakistan embassy, it was all drama and propaganda that minister kasuri said or told ppl that nothing will happen. i did call the embassy and spoke to one of the senior person there and his words were we cant do nothing.
 
Since you filed your I-485 under 245(i), I am sure you paid that $1000 fee as well, you should be covered and ok by law. Please make sure to take a good attorney with you on the court day. Is you finger print date is earlier than the court day?

I think the officer who issued you the NTA definitely did not know the 245 (i) very well. As far as I understand you are well covered by law. The whole idea of 245 (i) was to cover all the over stayed or out status people as long as you are not a criminal. Just submit your case very articulately before the judge.....you will be fine.

Good luck, and please keep us posted with all your experiences...
 
Thanx for the kind words but i think its worst then that. i dont have no criminal record of any sort and the agent who interviewed me at the INS main office even said so. Yes i did pay the 1000 penelty along with other fees.
I really dont know what will happen, really nervous, its like these walls clossing in on me, all i want is straighten my shit and maybe start a new life, its now gettin diffcult being a muslim in this country.....too much frustrations....
 
Hopefully things will turn out ok for you. Pls make sure to hire a good attorney and do not forget to take several opinions from several lawyers before narrowing down to your own decision....look forward to hearing from you all the updates.
 
fp today

Today being 11th march i will go to newark NJ INS for finger printing for my I485.
I have been issued may20th, for court appearience date for my NTA at arlington VA.
I will be lookin around for some good lawyers but they cost arm an leg and which i wont be able to pay.
 
245(i)+I-485 Pending+Registration

I've over stayed my F-1, but took advantage of 245(i) before April 30, 2001. Now I have the following:

Labor Cert.
I-140 Approved.
EAC valid until Sep 2003
I-485 FP Done Oct 2002
I-485 Pending (Receipt Date Aug 2002)

Any ideas on my situation guys? Will I get NTA. Going to Arlington VA.
 
Considering what I been through, the only sincere advice I can give is to take a lawyer with you. I don’t think of myself an authority on this issue, I am only saying this in light of what happened to me.
On a brighter note I think u will be fine since your I-140 is already approved and that is what I didn’t had (my I-140 is applied but not approved as yet), I really believe that u r in safe zone.
Plz consult a lawyer anyway, I am being a jail lawyer now, hope u understand what I mean….
 
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Good to hear from you bro ...

I was worried about you. So, what happens now? Since 245(i) clearly mentions our situation, don't you think a lawyer can convince the Judge and get you back on track? At the interview, did they ask you about your I-140 approval? Did they say that if you had it you'd have been ok? Please keep us up-to-date on your situation, who knows I might be joining you soon ...:( :mad: :confused:
 
Yes…..if ur I-140 is approved u will be fine, if mine was approved I would have been OK too, at least that’s what the INS agent said.
Yesterday I went to the Arlington INS court just for the heck of it, I wanted to see what goes on there and maybe get myself familiarized to what I have to go through. I was in courtroom of the judge Churchill, whom I will be appearing in front on my date. I have consulted various lawyers in between and they all say that I might be able to get out of this but then I don believe the lawyers (well with some exceptions, since I am using ones website at the moment).
I have been told that the judge I got is know as the toughest judge in the INS history for the political asylum applicants. We have to understand that the political asylum is also being mis-used as well so no wonder why she being tough.
The court scene was depressing but I wanted to see for myself what goes on in there. I atleast learned a few major things especially to have a good lawyers as some of em were just plain un experienced and screwed up some cases for not bringing the right papers and the judge was pissed of at them……….lesion learned.
Now going back to my case I think I am going to either ask the Ins lawyer to terminate the case or go for administrative close by the judge if the lawyer decides otherwise. One thing I don’t know is what will happen………..anything can happen.
 
Good Luck and God Bless ...

:cool:
Jan3Filer,

Here is a story for you From Memphis Tn. One Pakisthani guy got NTA because his i-140 was not approved by the time he was registering. But luckily, while he was waiting for the court date, his I-140 got approved. He took that with him in front of the Judge, and the Judge actually approved his case and ordered a green card to be issued to him immediately! Can you believe this?
This is from a very close source ... so, who knows, this may have happened to you for the best! Have faith and keep on praying ...
 
That is true if I-140 is approved the judge can issue GC, The judge cant rule on I-140 but he/she has the authority over I-485. I am aware of such cases that happened in the past but I don’t think I will be that lucky since my I-140 was just filed in Jan 03. I pray my I-140 gets approved b4 my court date but guys u know better…. whom am I kidding….the BCIS
 
best of luck, Jan03Filer, shourav

i have been following your threads... i am from an SR country too... thankfully mine went ok.

i hope and pray everything works out for you guys. keep us posted, and chin up!
 
Thanx.

Pork Chop,

Can you pls let us know a little about your status ... that should help us judge ours better ... Thanx in advance.
 
i applied for my EAD/I-140 and 485 in jan at vermont, Feb i recieved all the recipt letters from Vermont and did my FP on March 11th.
 
my status

my current status is H1B, which is about to expire at the end of this month. H1B extention has been applied for. meanwhile i have an approved I140 through my H1B employer, and my I485 is pending at the Nebraska Service Center since 2/2002. i have also applied for an EAD renewal, but that is still pending (i had an earlier EAD, but i never used it, so i am still in nonimmigrant status).

i guess my case was not too complicated, without any out of status history, so there were no issues in the SR process. i had just changed my address before my SR interview, so filed and AR-11 just before i went for the interview, just in case. also, i assumed that i would not have to file an AR-11SR, since i had not undergone special registration at that time, so did not have a FIN #.

hope this helps. best of luck to you guys!
 
jan03filer,

Sorry to hear about the NTA. Here is my two cents...

Currently, as per murthy.com, the processing on I-140 is 7/1/2002. What I understand from various sources that if you have a USA born baby, INS won't be able to deport you easily. Also if you continuously live in this country for more than 10 years, judge may waive deportation proceedings. Please speak to a few lawyers for opinions and P/U the best one. We hope everything will be alright. Our prayers are with you.

best of luck!!
 
Good lawyer is the key

Lawyer bro lawyer is the key. Specially a real good one. If you've taken advantage of 245(i) here is what INS says:

You might need section 245(i) if you:

Entered the U.S. without being inspected by an Immigration official.

Stayed in the U.S. longer than allowed by Immigration.

Entered the U.S. as a worker on an aircraft or ship (crewman).

Entered the U.S. as a “Transit Without Visa.”

Failed to continuously maintain a lawful status since your entry into the US.

Worked in the U.S. without Immigration permission.

Entered as an “S” nonimmigrant (relates to witnesses about criminal or terrorism matters).

Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form I-485).

Worked in the U.S. while being an “unauthorized alien.”

===============================
Also, here is the memo received by INS for 245(i) people:

245(i)=A provision whereby certain people who began certain processes for obtaining permanent residence prior to April 30, 2001, may complete the process without having to depart the United States even if they have not continually maintained legal Status.
===============================

So, as you can see, the law is in your favor. You just need someone good to speak to the judge on behalf of you. Go for it bro. Hit it with all you got. Best of luck! :cool:
 
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