Screwed by Bush (and his Administration)

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SimFox3

Registered Users (C)
I came home happily today, and almost had a heart attack after opening this email from my attorney:

Funny thing is that I paid for $7,000 dollars to become legal using 245(i).

I-485 ND: 9/17/02
EAD ND: 9/17/02


The government issued a new regulation according to which the nationals andcitizens of certain countries have to register at the district INS office. Here is some information about it:

On December 16, 2002, Notice was published in the Federal Register requiring certain nonimmigrant aliens to appear before, register with, and provide requested information to the Immigration and Naturalization Service.

Any persons meeting all of the following criteria shall, on or before
February 21, 2003, appear before an immigration officer at any of the locations listed on the
following pages:

You were last admitted to the United States on or before September
10, 2002 in a nonimmigrant classification; AND
· You are a male born on or before November 15, 1986; AND
· You have not applied for asylum prior to November 6, 2002; AND
· You are a national or citizen of Pakistan, Saudi Arabia and Armenia.

Persons holding dual citizenship also must register.

All persons required to register must answer questions under oath before an
immigration officer and present documents, including passport and the Form
I-94 issued upon admission, and any other forms of government-issued
identification; proof of residence, such as, but not limited to, title to
land or a lease or a rental agreement, proof of matriculation at an
educational institution, and proof of employment; and any other information
as is requested by the immigration officer. The immigration officer will
fingerprint and photograph those who are required to register.

All persons required to register must also appear, within 10 days of each
anniversary of the date on which they were registered under this Notice,
before an immigration officer at any of the locations listed on the
following page. Furthermore, all persons required to register shall advise
the Immigration and Naturalization Service, through the filing of Form
AR-11, of any change of address within 10 days of such change of address.
Failure to notify the Immigration and Naturalization Service in writing of a
change of address may result in prosecution and/or deportation.

We are providing this information to you so that you may disseminate it to
others within your organization and community who may be affected by this
provision. We encourage you to call our office with any questions you may
have concerning these registration requirements.

Because you are out of status at the moment, but in the process of obtaining
permanent residency, you will be taken into custody and put into deportation
procedures. You case then will be forwarded to an immigration judge. You
will still get your permanent residency, only it will be through a court
hearing.

What should I d0? Because if I comply, I'll be taken into custody.

If I don't comply, is there still a chance I will get my i-485?

:rolleyes: :rolleyes: :rolleyes:
 
Consult your lawyer ASAP and inform him of this. I am sure he knows, but tell him again.

He probably needs to go with you. But yes, some people are being detained, depending on there cases. But this is a risk for anyone who has had immigration issues in the past.

Make sure you consult your lawyer.

:)
 
Consult your attorney (who sent you this) and another one for a second opinion. Go to a highly reputed attorney as this is a serious matter. I thought that using 245(i) meant you could stay here and adjust status so I don't see how they can put you in proceedings even if you are from one of the named countries.
 
The outmost nonsense really is really an enraging experience.
Your attorney has completely lost his/her mind.
Fire him and get another lawer. The two issues are completely unrelated. Whats the purpose of 245(i)? How could he determine you 'will be' vs. ' you could be'? If you are in deportation proceedings, I dont think you can be getting your PR through a judge. Dude,,, your still using this lawer?
 
My 2 cents

The reason why the attorney has sent SimFox this notice could be because that very well might happen.

This could be because, SimFox has already submitted the 485 application under the 245i law which means SimFox has infact violated the status in the past and accepts it.

When SimFox goes for the interview the following could happen:

The officer will most probably ask if SimFox had ever violated the terms of his/her visa in the past. SimFox would and probably should tell the truth that he/she indeed has violated the status. There is not point in saying 'no I didnt violate any status' as that would be telling two different stories to the INS. If Simfox accepts her violation then he/she could infact be detained. If however the officer is patient enough and listens to the full story (AOS under 245i and so on) there should not be any problem.

I have been reading news about people being detained when they went for these registrations.

The sad part about these new regulations (registration and so on) is that they are not well thought out and do not cover all possible scenarios. The officers who are asked to enforce these regulations are either not very well versed in the various immigration laws or at times plain ignorant.

The right way to deal with this is to talk to a few attorneys. Try contacting Jim Mills on this forum.

All the best. It probably is not that big a deal and it might turn out that you were loosing your sleep for nothing.

Tim
 
245(i) a protection or a nightmare!!!

I have filed my 485 under 245(i) and it has been 14 months. Here I was waiting to celebrate the approval of my application and out of clear blue sky INS drops the bomb.

I was laid of in 2000 and found another job immediatley but H-1B quota was exhausted by then so I was out of status without work for a bit more than 6 months. My I-94 was still valid though. Thinking that it would be safe, I applied my 485 under the LIFE ACT. Which is now turning out to be a nightmare and a very bad move.

I guess, this is how Justice Department treats you when you are completely honest and truthful about your application. This is how they treat you when you are a law abiding and a tax paying person in this country.

Ironically, INS does not require special registration for persons who entered US illegally. This is as if telling them "Good thing that you came here illegally". 245(i) is a protection clause, it protects you from being deported once you file 485 application. Detaining and apprehending people, who are using this clause, is undermining the very soul of the LIFE ACT in general and the clause in particular.

I hope INS would send out a memo to its field offices informing its officers about the section 245(i) and the protection it offers to the people who are using it. Special registration should not be about arresting and detaining people who may have status problem in the past, it should rather be about arresting and detaining people who are terrorist threat to the country.

We have officers at INS headquarters to look into our past status problems while adjudicating our applications. Investigating officers at the special registration interviews should focus on the issues related to the national security. When you think about special registration, it is clear that people from the countries, which are required to register, will be investigated twice. Once at the local field office and then again at, the INS central offices, where there application is pending approval.

I really hope that Attorney General issue a clarification note and comfort the people who are loosing their sleep over special registration nightmare.
 
Harrapata : I don't understand what notice you have received from INS. Because you were out of status at some time over 180 days, you applied under 245(i). Now what are they asking you for? Could you provide some details? thanks.
 
Sheila000

INS is not asking me for anything right now. I am worried about the events that are taking place around me. I have to go into local INS office for special registration. Since I filed my I-485 under 245(i), this would indicate to the investigating officer that I was out of status at some point during my stay in the US.

Lately, There have been numerous cases where INS has arrested and detained many people who had filed 485 under 245(i). INS ignores the fact that as soon as one files 485 under the fore-mentioned clause, one is protected until a decision is made on his/her application.

This really concerns me because I am one of those few unlucky ones who have used this 245(i) to file my 485 and I am so unsure about the consequences when I walk into that danger zone. How would I answer the investigating officer when he/she asks me if I was ever out of status during my stay in the US.

I would appreciate any sharing of experiences, suggestions, and advices...

Thanks
 
When is your deadline Harputta? Is it the Feb 31st?

I need to know what happens to people if they DON"T Comply. I mean, when some of us were AOS, we risked being caught. But we didn't get caught. But could we still get our GC?

Don't worry, I'm sure you'll find the light in this dark hour. (cool quote, huh :D )
 
SimFox3

My deadline to appear for special registration is Feb. 21, 2003. Am I lucky to get an approval on my 485 application by then? had I been that lucky, I would not have been in this sticky wicket.

I think the penalties are very severe for people who fail to comply and let me tell you folks another thing, I strongly belief that INS will not start adjudicating 485 applications until special registrations are over. Just my opinion but just ponder: freeze on adjudication and initiation of special registration can not be coincidental??

SimFox3, I think that one will loose all the immigration benefits, if one fails to appear for the special registration.

Hats off to Attorney General for conducting special registration in an impessive haphazard fashion, a process where one hand does not know what the other hand is doing, and both hands are completely ignorant about the basic immigration laws.
 
Forgot to mention guys

I'm sorry I forgot to mention that fortunetely for me this new crap doesn't apply any more..

When I contacted my attorney and told her that our whole family had abanonded our Pakistani passports for Swedish citizenship a couple years back, she said this doesn't apply to us any more , and we don't have to go and register..

I just hope that the people not as fortunate find an easy way out also ;)
 
no

Pakistan nationals (born in Pakistan) are required to register no matter what passport you are holding right now. If you don't, may be there will be a problem during the I-485 interview.
 
You are right, if you are born in any one of the listed countries, you have to go. Doesn't matter what passport you carry. Verify with INS to get the accurate answer. But country of birth is what they go by.
 
Acc to INS glossary:

National - A person owing permanent allegiance to a state.

Country of -

Birth: The country in which a person is born.

Chargeability: The independent country to which an immigrant entering under the preference system is accredited for purposes of numerical limitations.

Citizenship: The country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected.

Former Allegiance: The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.

(Last) Residence: The country in which an alien habitually resided prior to entering the United States.

Nationality: The country of a person’s citizenship or country in which the person is deemed a national.


So confirm what INS is looking for. BTW - National means citizen not ur contry of birth
 
INS-DHS Pandemonium

It seems as if INS will keep the infamous 'Freeze' frenzy, not untill the completion of special registrations but rather untill the completion of transition of INS into DHS.

Numerous immigration lawyers mention that they are getting some really nasty RFEs in regards to I-140 and I-485 applications. What other would be a better way for INS to say 'Merry Christmas' to the immigrant community...
 
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