Do I need to worry?

D

deshipublic

Member
I was working in US with H1b.
Now working with EAD.
I 485 pending.
Fingerprinting done.

My I 94 is the one with which I entered USA in 1996 when I Was a student.
I left and entered couple of times later without any Visa or I-94, since by that time, I became a canadian permanent resident, and the immigration official did not give me a I 94 card or any stamping on my passport. On both ocassions I was out of the country(USA) for 30 days or so, perhaps that was the reason , I don't know.
So I still have I -94 from my student days 1996, even though I travelled back and forth USA after that.

Should I worry about anything when I go for special registration? Or am I ok? I never was out of status even for a single day.
What exactly do they look for anyway when we go for special registration?

Thanks. Any comments/suggestions will be much appreciated. ( I am worried that's for sure)
 
i don't know if this helps...

i guess the bottom line is, you have to register, regardless... because by not registering, you ipso facto become out of status, according to the INS notification.

you said you are still carrying the I-94 that you entered on as a student in 1996. but since you are working on an H1B, didn't the approval notice (I-797 Notice of Action for I-129 Approval) have a new I-94 at the bottom of the form? how come you are still carrying your original I-94?

about your trips to canada, two different sets of laws apply: with a valid I-94, you could travel to canada, mexico and some caribbean islands and back within 30 days even on a expired u.s. visa UNLESS YOU TRAVELLED TO SOME THIRD COUNTRY OUT OF CANADA/MEXICO, regardless of whether you were a canadian PR or not. on the other hand, canadian PRs did not need a visa, nor were issued I-94s, at entry to the u.s. either way, your canadian trips should be o.k.

other than the I-94 issue that i outlined above, i don't see any negatives in your case, especially since there seems to be a perception that anyone with a pending adjustment of status is neither being detained, nor being served with a notice to appear (NTA) at a later date in an immigration court.

please do not construe any of the above as legal advice or recommendation. i am not an attorney. please consult with a lawyer before taking any step.

best of luck!
 
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thanks for your email. u r right. i do have i 94 cards that came with H1bs approvals. i just never have use dthem and I still have the I 94 card from the student days.
When I travelled overseas, I travelled to a thirdworld country and came back in to USa as a Canadian permanent resident. The immigration officer never wanted to see anything, just saw my Canadian residency paper and let me in. No new I 94 cards or anything.
Please advise me if you think I should be worried or how should I approach the whole matter incase I am asked questions at the special registration.

Which I 94 card should I show them?

What if they ask me anout the canadian residency?
 
i think you should be ok. definitely carry all the I-94s with you if and when you go for your SR. it would be best to staple your most current I-94 which came with the H1B approval for the employment you are currently on to your passport. even if the H1B (and consequently its I-94) is expired, you are still covered by virtue of your pending I-485 adjustee status.

since it was the immigration officers themselves who let you back in the u.s. upon your returns from your foreign trips, you should be ok. in any case, the normal practice has been to let canadian PRs who are citizens of a commonwealth country in to the u.s. without a visa (law to change soon). the applicable law here was not the visa revalidation upon return from contiguous territories within 30 days with a current valid I-94, but rather allowing a canadian PR in without a visa.

as far as addressing this issue at the SR interview is concerned, you will just have to play it by ear, and use common sense. a couple of things to remember is that you should not volunteer any information that is not asked for, and you should not appear to be evasive when a question is asked.

it is hopefully not unreasonable to assume that the INS officer conducting the interview would know at least as much about immigration law as you and i, therefore it should not surprise him/her that you were allowed back in the u.s. as a canadian PR without a visa. if the matter does come up and you are asked about it, i guess it would be prudent to say that you followed the law to the best of your knowledge and understanding, and that the actions of the immigration officers at the port of entry supported your understanding.

finally, there is no law prohibiting anyone from being a PR of canada. in any case, this does not appear to be a big issue. you have always been status, and you are in status now.

i would still HIGHLY recommend that you talk to a lawyer. you can get free advise from lawyers volunteering their time for SR. you can get their contact numbers from the pakistan embassy wahington d.c.'s website, at: http://www.pakistan-embassy.com/Press_Releases.asp?Release_ID=4

if this link does not work, simply go to http://www.pakistan-embassy.com and click on the "HOTLINES/FREE LEGAL HELP" link.

good luck!
 
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It does not matter ....

what the Immigration officer did at the border, if the INS finds you out-of-status now/here then that's what you'll be deemed as! if you don't feel comfortable right now spend some and get a "knowledgeable" lawyer who can sort this out for you.

In general additionally to your visa/passport info you need a current letter from employer and paystub, plus your residence info. (DriverID, bills etc.), Mother's/Father's info, addresses in US/other country, also it all depends on officer you get during registration he/she may only ask for essential details and not go into all the complicated visa stuff/dates etc.
 
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