i485 A Supplement

R

roy1

Registered Users (C)
Has anybody filed a 485 A supplement with a $1000.00 penalty for being out of status. I'm looking for your experience regarding the aforementioned issue. Please help. I've been out of satutus and the RFE I received is looking for legal nonimigrant status during that time period.

Please help
Roy1
 
Post your question without hesitate, what issues u are facing.
PPl here share according to their knowledge. plz post ur situation and question.



or if u haven't setup pvt msg so ppl can reach. or post email if u need complete pvc.


Good Luck
 
roy1 said:
Has anybody filed a 485 A supplement with a $1000.00 penalty for being out of status. I'm looking for your experience regarding the aforementioned issue. Please help. I've been out of satutus and the RFE I received is looking for legal nonimigrant status during that time period.
Click to expand...

Most importantly, do you qualify for 245i? Is your priority date April 30th, 2001 or earlier and you were physically present in the US on December 22nd, 2000?
 
Thanks for your response. I spoke with united nations last pm. I think I might be in questionable trouble.

I was asked for an RFE about my legal non immigrant status in the US between April 1997 and January 2001. I am a canadian citizen NOW. I found my I 20 with the F1 visa D/S. I can prove that I was in school between 1996 and June 2000 ( as a canadian PR). My I 20 was signed at the back in May 2000 (which would let me reenter the US for an additional year) The issue is that I graduated school in May 2000. I began my residency program in July without INS authorization ( I went back to Canada for my oath of canadian citizenship in August of 2000) and reentered the US to continue my residency program. I was informed by friends that canadians did not need a visa to work in the US. So I figured that I have one year left as per the D/S on my F1. I applied for my H1b when I began residency. My RD for my H1b was OCtober 2000. I was approved January 01. I got my visa stamped Feburary 2001. I am concrned about my legal non immigrant status. WIll this jeprodize my 485 process and what options do I have. I do not think I am eligeble for the 245. My Lc PD is 2003.

Any comments. I need some serious help. I'm really concerned.

Roy1
 
Hello Roy

First of all, as you know we all have no Law education all we share what we learn here with others exp, or surfing net, reading USCIS web site, their side of explainations.

So keep in mind whatever we share and whoever u talked, do not make ur mind by learning from here as final.

Remember No matter what complex situation you are in, A good Attorney is the best person to get advise. there is always escape routes, loop hole exists.

Plz don't assume this reply as disappointment. all I am trying to say is that you have got RFE and u are running out of time to reply, if u get confused, unconfident, or make any simple mistake by not to understanding /unsurity. that may create some mess in ur case.

Here is my opinion, First Do Not panic, talk to good Attornies (pay them to quick analysis) and see what they say, do not go to any Stp/unexp Attorney whois interest in only what he get, but find someone good and exp, two name I can refer, they are not my att, they may charge u little more than u expect. but atleast you would have some keep in mind, try to contact Ragiv (see on his ph+add on this site right top ), or Murthy if u like.
Call them or any attorny u like, do not waste ur sigle day and getting depress by expecting much from this fourm. we all in same boat.

Contact them see what do they say.

We all wish u good luck, and keep share ur exp with us.


Good Luck
 
Recently they sent March 09 memorandumn

http://www.immigration.com/frame/245iguidancememfr.html

Read more about 245(i)

(1) Timing of the Filing of an Application to Adjust Status. A grandfathered alien is not required to submit Form I-485 by a particular date. The mere filing of a qualifying immigrant visa petition or application for labor certification, however, does not confer status upon an alien nor place an alien in a period of stay authorized by the Secretary of Homeland Security for purposes of section 212(a)(9) of the Act. The filing of Form I-485 will prevent an alien from accruing unlawful presence under section 212(a)(9)(B) and (C) of the Act.

Good Luck
 
last entry

Hi Roy,
I am also in the same situation as yours. My AOS is in trouble becasue of previous visa status violation. I have talked to quite few attorneys, This is what I have found out so far and I wanted to share this with you. If you have travelled out side of US after your status problem and before filling I-485, And you reentered lawfully and have remain in that status with out of status/unauthorized work violation less than 180 days, you are still eligible to adjust status. Your pevious out of status shouldnot make you ineligible for adjustment of status. Ofcourse nothing is guaranteed, but the lawyer can argue with the statement. Like others suggested, please talk to good laywer, explain the situation in detail, he or she might be pull out something. I wish you a good luck. I know how you feel. Please share your information.
 
To Roy1

You have to qualify for filing I485a for 245i benefits.

You need to be qualified by either of the following:

LC filed on your behalf or immigrant petition(I130 or I140) and be physically here on Dec 20 2001.

Once you have these, you can file for I485a, incase you don't have the above, you may also apply for waiver provided you can prove a real hardship to a US Citizen (such as your son or daughter or parents). Read the following for more details about waivers.

http://www.visa-us.com/inadmis.htm

Good luck.
 
You must log in or register to reply here.
Top