Discreationary denials

J

Jawan1

Banned
I have just applied for I-485 by myself. I heard about discreationary denials if they think that we acted in bad faith to get immigration benifit. I came to this country on B1 visa after 5 months my status was changed to L1. Will this be considered as if In had immigrant intention and I entered this country knowingly on Business visa. Any one could share their experince would be greatly appreciated.

Also what\'s the procedure at this stage ? If they call for an interview and denied immigrant visa, Can I appeal ? if yes can I stay here legally if i used AP and working on EAD ?
 
Change of status after 2months is fine

Change of status after 2months is fine. That is not considered as fradulent as per the current INS norms. You should be fine. If called for interview you should be faithful to the extent required and ofcourse should not volunteer any unwarranted/unwanted answers. Better to discuss and take your attorney if called for interview.
 
No Title

I have already submitted all I-94\'s and I-797A\'s to this date. and All pages of passport even if I-485 supporting document only asks for present non immigrant valid status and only passport pages that contains US visa. DO you guiys think I have provided unwarranted information ?
 
Jawan

You have not submitted any unwarranted information. I am sure you will get your green card very soon. My friend changed from B1 to E2 and then AOS . All went fine.Keep your spirits high.
 
I am in the same boat...

... possibly, we might start a new thread for AOS applicants who initially entered on B-1/B-2 (not F-1), then changed status to H-1. i think this does qualify as a special situation. it might be beneficial to share our experiences.
 
Hi Jawan1, this article from Shusterman\'s updates will clear your doubts.

Good luck.

 * Due Process Rights - Let\'s suppose that the worst case scenario
    occurs: INS investigates your already-approved visa petition and
    decides it might have been granted in error. In this case, the INS
    must first serve your petitioner with a Notice of Intent to Revoke
    (NOIR) your petition. The petitioner may attempt to rebut the
    information contained in the NOIR. Even if the INS ultimately
    decides to revoke the petition, its decision may be appealed to the
    INS\'s Administrative Appeals Office (AAO) in Washington, D.C. If
    the AAO affirms the decision to revoke the petition, this decision
    may be challenged in Federal Court. Only when the revocation
    becomes final may the INS rule on your application for adjustment
    of status. In the meantime, you are entitled to renew your
    Employment Authorization Document (EAD) and your Advance Parole
    travel document on an annual basis.

    * Waivers of Inadmissibility - What if you are not admissible for
    permanent residence because you have been convicted of a crime or
    have committed immigration fraud? You may be entitled to seek a
    waiver on the ground of inadmissibility. If INS denies your waiver
    request, you may appeal the denial to the AAO.

    * Right to Renew Adjustment Application in Immigration Court - What
    if your adjustment application is denied? In most cases, you can
    renew your application before an Immigration Judge in a removal
    proceeding. However, if your visa petition has been revoked, the
    Judge has no jurisdiction to overrule the INS\'s decision to revoke
    the petition. Even if you are not able to renew your adjustment
    application before the Judge, you may be eligible for alternate
    forms of relief from removal including cancellation of removal,
    asylum, etc.

    * 180-Day Portability Rule - If, in the case of an employment-based
    petition, the INS fails to decide your application for adjustment
    of status within 180 days, you have the right to change to another
    job as long as the new job is in the same or a similar occupation.
 
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