Recent content by Jim Mills

  1. J

    Deferred Inspection & criminal records

    It is very easy to fall into the Mandatory Detention category as an arriving alien. You could be taken into custody and held indefinitely. You should consult with an immigration attorney and you may want the attorney to go with you. Although you have no right to counsel at the deferred...
  2. J

    help! Where to call to find the deportation status!

    Call 800-898-7180 and follow the recorded prompts. Jim
  3. J

    shoplifting chanrges.. please help!!!

    Be careful. PTI is considered a conviction in many instances. From an immigration perspective, charges of this nature alone will not present a problem. I cannot comment on the state criminal aspects of the case and they may vary a lot from state to state.
  4. J

    Consequences of a 245(i) beneficiary's I-140 being denied

    The attorney can do whatever he or she wants. However, it would be a MAJOR ethical violation to try to get a former client removed from the United States. I do not think that there is an ethical violation at this point, so I see no reason for an ethics complaint, and I am not sure that I agree...
  5. J

    shoplifting chanrges.. please help!!!

    Everyone else's experience with this is really irrelevant. Every case is different and the precise charges can make a huge difference. Shoplifting IS a crime involving moral turpitude (CIMT). Two CIMTs are fatal and can lead to deportation. One CIMT is also fatal if it does not fall under...
  6. J

    what does the law say?

    Normally, there needs to be a conviction. However, the facts are important here because there are many aspects to a removability or inadmissibility analysis.
  7. J

    Transfer EB3 to EB2

    Sure! File another labor certification with requirements that permit an EB-2 filing.
  8. J

    Legal vs. Illegal Immigrants

    Basically, the United States has a problem with the 11-12 million illegal aliens currently in the country. There are really 3 possibilities: 1. Do Nothing - Nobody seems happy with that and that is what everyone is trying to avoid. 2. Provide some type of legalization process. The...
  9. J

    H1b without 4 years of Bachelers degree

    I would be a lot of money that this is workable. I seriously doubt that there will be any problems based on educational equivalency.
  10. J

    Suing for immigration FRAUD

    What!? Where was the fraud that he was a part of? There is no fraud that I can see since there was no mention of fraud in the petition itself. If there was, that is a different issue. However, what the "Immigration Helper" did was probably the unauthorized practice of law (a felony in some...
  11. J

    Process of GC from H4

    She needs to file an I485 to adjust status. She should do that BEFORE her husband's I-485 application for adjustment of status is approved. The day that he adjusts status, his H-1B status terminates. When his H-1B status terminates, her H-4 status also terminates. She then begins to...
  12. J


    You would need a B-2 since there is no extension or change of status permitted when you enter under the Visa Waiver Program.
  13. J

    H1 tranfer from University(non-profit) to commercil (profit)

    I don't see how experience is a degree. In any event, the 20,000 set aside for holders of US Masters degrees has been reached.
  14. J

    Not sure of what happens next

    I would suggest that any employer faced with this situation consult an attorney who is knowledgeable of employment and civil rights law. The advice you quote is from USCIS and only considers the immigration perspective. The employer needs to be very careful to avoid stepping over the line of...
  15. J

    Selecting a lawyer: Background check

    IMHO, AILA membership is imperative. Some attorneys are big names, due to their publications, website exposure, or firm size, but this is not always indicative that they are significantly better than a less know attorney. I have also seen experienced, extremely competent, attorneys get so busy...