Law Offices of Rajiv S. Khanna, P.C.
Can we open a joint checking?
- Thread starter myjuls
- Start date
JohnnyCash
Volunteer Moderator
Banks need to see a picture ID in order to open a bank account, regardless of it for a joint account or an individual account. Plus, they make a photocopy of it and keep it in file with them. So obviously, Notice of action/receitp and Social Security card alone are not enough to open a bank account.
Further, banks normally prefer to see a State issued ID, like a Driving license or 'non driving ID'. However, they do accept any other picutre ID, including foreign passport. But since your passport has already been expired then bank will not accept it. You may try it because it could be very much possible that they might not look its expiration date, nor you have to tell them anything about it voluntarily. Otherwise, you must need to wait for your EAD or State ID to arrive in order to open a bank account.
It should also be noted that there are some banks which can allow to open an account to someone without a social security number like Fleet Bank in East coast. It is a very big bank. But they will give you certain date to give them your social security number. But I've never heard of allowing opening of an account without some kind of picture ID.
About getting Driving License or State issued Non Driving License then I'm not sure DMV will issue anything to a person based upon Notice of action alone. Their rule states very clearly that they have to see something valid immigration status like EAD, green card or stamp of I-551 etc. If someone has gotten a state ID based upon a notice of action alone then s/he must have been lucky as it seems someone has made a mistake in the DMV.
If I were you, I will give it a shot with this expired passport. Who knows bank may not notice its expiration date as most of times they don't look its expiration date. And if they do, then they just tell you that they cannot accept it. Not a big deal.
Good Luck.
Further, banks normally prefer to see a State issued ID, like a Driving license or 'non driving ID'. However, they do accept any other picutre ID, including foreign passport. But since your passport has already been expired then bank will not accept it. You may try it because it could be very much possible that they might not look its expiration date, nor you have to tell them anything about it voluntarily. Otherwise, you must need to wait for your EAD or State ID to arrive in order to open a bank account.
It should also be noted that there are some banks which can allow to open an account to someone without a social security number like Fleet Bank in East coast. It is a very big bank. But they will give you certain date to give them your social security number. But I've never heard of allowing opening of an account without some kind of picture ID.
About getting Driving License or State issued Non Driving License then I'm not sure DMV will issue anything to a person based upon Notice of action alone. Their rule states very clearly that they have to see something valid immigration status like EAD, green card or stamp of I-551 etc. If someone has gotten a state ID based upon a notice of action alone then s/he must have been lucky as it seems someone has made a mistake in the DMV.
If I were you, I will give it a shot with this expired passport. Who knows bank may not notice its expiration date as most of times they don't look its expiration date. And if they do, then they just tell you that they cannot accept it. Not a big deal.
Good Luck.
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go to the BMV or DMV get your Driver license with your NOA, they'll take it. Make sure to bring your passport but go to the big one not branch because sometimes they don't know what NOA is. Tell them it's form i797 (i think) check the form name & number. I did this and they let me get my Driver license. Assuming you already have your SSN. Otherwise first get your SSN and wait until you get it.
JohnnyCash
Volunteer Moderator
You CANNOT get anything from DMV without havig a valid immigration status first if you are from NY.
Also, it is important for you to know that just because you are married to a US citizen that doesn't mean that you already have some kind of status, nor it means INS cannot detain and deport you if they would bump you somewhere. Filing a case with INS, doesn't stop them to detain and deport someone. It's just a general decretion of their, they don't detain someone who has a pending AOS with them, but that doesn't mean they cannot. Just want you to know because I've seen many times people dance everywhere just because they think INS cannot do anything to them just because they are married to a US citizen or just because they have a pending AOS.
Also, it is important for you to know that just because you are married to a US citizen that doesn't mean that you already have some kind of status, nor it means INS cannot detain and deport you if they would bump you somewhere. Filing a case with INS, doesn't stop them to detain and deport someone. It's just a general decretion of their, they don't detain someone who has a pending AOS with them, but that doesn't mean they cannot. Just want you to know because I've seen many times people dance everywhere just because they think INS cannot do anything to them just because they are married to a US citizen or just because they have a pending AOS.
I don't think they can deport people with pending I-485 just because they want to(unless ,of cause ,they commit a crime). What's the whole process of adjusting status then for? There is a law about it and there is nothing they can do about it. They do follow the laws.
myjuls said:I don't think they can deport people with pending I-485 just because they want to(unless ,of cause ,they commit a crime). What's the whole process of adjusting status then for? There is a law about it and there is nothing they can do about it. They do follow the laws.
You are correct the INS cannot deport you as long as you have a I485 pending and the Immigration officer hasent denied your application. Read the important cases on the INS website. The INS used to deport or arrest people when they were out of status and when they send the AOS application..boom... INS show up and arrest you. In 2004 INS lost a Class Action and after that they dont deport or arrest people with I-485 pending.
JohnnyCash
Volunteer Moderator
myjuls said:I don't think they can deport people with pending I-485 just because they want to(unless ,of cause ,they commit a crime). What's the whole process of adjusting status then for? There is a law about it and there is nothing they can do about it. They do follow the laws.
"There is a law about it and there is nothing they can do about it"
Can you PLEASE quote that law? Because I was never be able to read or find that law even though I studied and practiced immigration laws very aggressively, nor my family members who are adjudication officers with INS are aware of that law. Who knows you might sharp my memory by quoting that law so that I could help those people who were deported by INS despite of them being married to a US citizen and having pending AOS.
By law, INS has a duty and obligation to detain and deport any illegal even if such illegal has a pending AOS. But as I said earlier-INS normally doesn't detain/deport an illegal who has a pending AOS as a matter of discretion, and not a matter of law. But that doesn't mean they cannot. There is no any law existed as of now which prohibits them not to detain an illegal even if an alien has a pending AOS. But since INS is now separated from its law enforcement branch, then they are now more concerned about their administrative duties than their duties of enforcing the laws, which ICE does now. But again, INS could do that if they would prefer.
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Why don't CIS just deport those illigal people as soon as they get their I-485?
That would make their job much easier.
What I meant about the law is that people can adjust their status to permanent resident while in US if they qualify. I do agree that CIS (INS) can deport people with pending applications as well as they can deport any other aliens with valid visas but there should be some grounds for it. If you are not a terroris or a criminal why would they?
About "those people who were deported by INS despite of them being married to a US citizen and having pending AOS" Maybe CIS descovered their mariages were not real, or they must have done something in the past that made them do it.
To sum everything up, YES THEY CAN DEPORT BUT FOR A REASON!
That would make their job much easier.
What I meant about the law is that people can adjust their status to permanent resident while in US if they qualify. I do agree that CIS (INS) can deport people with pending applications as well as they can deport any other aliens with valid visas but there should be some grounds for it. If you are not a terroris or a criminal why would they?
About "those people who were deported by INS despite of them being married to a US citizen and having pending AOS" Maybe CIS descovered their mariages were not real, or they must have done something in the past that made them do it.
To sum everything up, YES THEY CAN DEPORT BUT FOR A REASON!
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JohnnyCash
Volunteer Moderator
"To sum everything up, YES THEY CAN DEPORT BUT FOR A REASON!"
Being an illegal here is a REASON in itself for them to deport an illegal.
"Maybe CIS descovered their mariages were not real, or they must have done something in the past that made them do it"
Do you think I was kidding with you when I earlier asked you to quote that law which says INS cannot detain an illegal if such person has a pending AOS or married to a US citizen? None of them have any problem. The people who were deported by INS, had no whatsoever any problem with the law, nor they were even interviewed so to to figure it out whether their marriage was bona fide or not. All of them had a pending application for Adjustment of Status and were waiting for their interview.
Further, it also seems you don't read/hear news as much you should have; otherwise you would have known that INS had detained thousands of illegals when these illegals went to local INS offices to register themselves during the time of registering even though 90% of them have had pending application for AOS because of marrying with a US citizen. And thousands of others recevied NTA (Notice to Appear) afterwards to appear in a deportation proceedings.
Again, by law-INS can detain and deport any illegal anytime even if there is a pending AOS, but as a matter of discretion, they choose not to.
Being an illegal here is a REASON in itself for them to deport an illegal.
"Maybe CIS descovered their mariages were not real, or they must have done something in the past that made them do it"
Do you think I was kidding with you when I earlier asked you to quote that law which says INS cannot detain an illegal if such person has a pending AOS or married to a US citizen? None of them have any problem. The people who were deported by INS, had no whatsoever any problem with the law, nor they were even interviewed so to to figure it out whether their marriage was bona fide or not. All of them had a pending application for Adjustment of Status and were waiting for their interview.
Further, it also seems you don't read/hear news as much you should have; otherwise you would have known that INS had detained thousands of illegals when these illegals went to local INS offices to register themselves during the time of registering even though 90% of them have had pending application for AOS because of marrying with a US citizen. And thousands of others recevied NTA (Notice to Appear) afterwards to appear in a deportation proceedings.
Again, by law-INS can detain and deport any illegal anytime even if there is a pending AOS, but as a matter of discretion, they choose not to.
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JohnnyCash
Volunteer Moderator
bps01 said:8 CFR sec 336.1(b) this is the guiding principle for the INS for thier discreation in deporting people
Hope, the word 'DISCRETION' won't be overlooked here, nor it should be confused with LAW.
Nevertheless, the section of the law quoted above has nothing to do with deportation, INS discretion and detention of illegal during AOS. Rather it has to do with naturalization. Check this out.
http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec3361
JohnnyCash
Volunteer Moderator
bps01 said:The INS used to deport or arrest people when they were out of status and when they send the AOS application..boom... INS show up and arrest you. In 2004 INS lost a Class Action and after that they dont deport or arrest people with I-485 pending.
INS did not loose anything. Rather immigration Judge halted the deportation of those people who were detained by INS. INS did his duty, which was to detain an illegal. Just because someone is married to a US citizen or filed an AOS that doesn't mean such person automatically got a LEGAL STATUS; otherwise INS doesn't need to adjudicate their applications.
All the people who were parties in this class action lawsuit had no legal status whatsoever, but they were married to a US citizen and had pending AOS. The Federal Court allowed them to stay here until a decision is made on their AOS. Courts have the power to do anything. They can even grant a green card to anyone, or stop a deportation. INS did it's job by detaining illegals, but Court went easy and allowed those illegals to stay here while their applications were processing. Nobody lost anything in that case, nor INS did anything wrong in detaining those illegals. Read the whole case fully.
JohnnyCash said:INS did not loose anything. Read the whole case fully.
From my understanding of the law and precidents by cases...
a judges decisions is the LAW... so once INS is stopped from deporting people if they married to a US citizen then only congress can pass a law to authorize INS or another case overturns the old ruling..
JohnnyCash
Volunteer Moderator
bps01 said:From my understanding of the law and precidents by cases...
a judges decisions is the LAW... so once INS is stopped from deporting people if they married to a US citizen then only congress can pass a law to authorize INS or another case overturns the old ruling..
First off, Judges' decisions are ruling/outcome of a particular case, and not a LAW.
Secondly, Judges don't make laws; rather they interpretate the laws. Congress or legislatators are the only one can make laws, not Judges. Under the US constitution, each branch of US govt. has its own duties and responsibilities. For example, legislative banch (Congress) of US govt. makes laws. Judicial branch (Courts/judges) of US govt. interpretates the laws. The executive branch (the President and the Cabinet offices under him) of US govt. enforces the laws. That said, Judges don't make laws.
Thirdly, existing laws give an authority/power to judges to halt a deportation of anyone, or even grant a green card to anyone if that person qualifies without the involvement of INS. Of course, everything depends on judges' ow discretion (willingness).
Fourth, in a class action lawsuit mentioned above of 1994, Judge on the case used his discretion authority and allowed named plaintiffs to stay in the country until a decision is made on their pending AOS. However, that ruling applies only to those who were named in that class action lawsuit, and not to any future detained illegal. Because INS did nothing wrong or against the law when they detained those illegals for deportation; rather they were following the laws. And they could follow again if someone bumps to them. Let me see again, INS normally doesn't detain or deport an illegal who has a pending AOS, but make no mistake in thinking that they cannot because they have doen it many times before and still doing it. There is no such law prohibits them doing so.
Their job is-to detain an illegal and put them on deportation proceeding in front of Immigration Judge. If immigration Judge would wish to allow this illegal to stay here until this person's AOS is adjudicated then it is up to the Judge, but INS just wants to follow the laws.