URGENT!!! Help required from gurus...

U

urgenthlprq

Registered Users (C)
Dear Gurus,
I recently came back to US from Canadian border on AP. I also had my canadian landing paper on me. The INS official said that I was out of status for over 7 months in 1998 and literally pushed me to admit it since Canadian landing papers were issued from Detroit when I had stated in my 485 application that I was out of country after my F1 expiration. In the end he paroled me in and said "You come to our country and break our law. I am going to foul up your case." My question to the gurus is am I screwed or is there any hope for me??? I appreciate your help very much. Please respond at your earliest.
Thanks.
 
Were you really out of status - or was there some misunderstanding on part of the officer. How did he figure out that you were out of status - from your passport?? Anyhow, worst comes to worst, you should be able to use 245i and pay the $1000 fine to get the GC - hopefully you are eligible for it.
 
Paroled in..

My question to gurus is if he found me to me out of status for over 7 months then why did he parole me and not send me back? The very fact that he paroled me means that he didn't write me up? Is it right to assume that? Please respond..
 
Dont panic and please rephrase

Firstly, dont panic things seem ok on the surface. Please try to re-phrase to answer the questions from hedgehog.
 
Out of Status

Were U really out of Status...

If so...U might have to use 245 i or K clause....
JULY16's the expert...on this one..

U were Lucky that he let U in if he thought that U were out of Status for Some time..
 
This may not be that easy!!!

My dear friend:

You can awail of the 245 section for being out of status but in case you have lied on the form I dont think this will apply.

I sincerely dont mean to ruin your day by saying this but check with your lawyer. I may be wrong and i hope am.

Also, could you clarify the Detroit address issue. Why should your Landing Paper have a US address. I am confused.!!!

You could have argued that yes the paper does have a Detroit address and that was the last address you had before you moved to Canada.

Also, do remember that he could have put a comment against your record on the INS system which will come up when your case is eventually adjudicated

Please clarify and we will await your response.
 
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I graduated from a Michigan State University in May of 96 and on my labor application, I sated that I left for India in June and worked for a company in india till 99 june and got my H1 for a US company in August 99 and came to US in September 99 on H1. My canadian landed document was issued from Detroit in May of 99 and his question was that you must be here to receive it. He kept saying you must have been here all this time and only went to India to get your passport stamped for H1. Although that is not a proof since Canadian landed documents are mailed and not given in person but what he was stating was not far from truth. In the end he told me to sit outside. After a few mins of wait he called me in and said that "I am going to file you up. You come to our country and break our laws. You had the authorization so I am letting you in. You are free to go." Not sure where I stand and what "free to go" means. The whole earth seemed to have moved from under my feet. I am asking you gurus to help me with your valuable advice. He didn't make me sign anything or told me that to take an oath or anything. The sign outside the door did state that everything inside this room is videtaped and recorded. Thanks again guys.
 
Dear gurus,
Would obtaining information using Freedom of Information Act help me in any way to see what was inputed in my file? Please respond gurus. Also, if my application is denied for lying on application do I have any way out left (I am getting married to a US citizen next week)?

Waiting for your advice..
 
Not too many choices but read on!!!

am not a lawyer, so do not treat as legal advice. Please talk to a lawyer anyway. Get hold of a good one..

Option A: Continue with old application - If the INS feels that the 'lying' on your application is not material then they may just hit you with the $ 1000 fee. You may get away with having to have been deemed out of status and have to pay $ 1000. If not you will be asked to leave the country.

Option B: If you are getting married to a US citizen withdraw the current 485 and re-file based on your wife. Your chances may be better.

Option C: Call your lawyer who filed your I-485,mention all that happened and as he represent you he may be able to file a request for information of this incident.

What records are there with the INS may not be entirely be available under FOIA. You will have to call the INS and ask them how they handle information requests related to the FOIA. Remember all information is still not available under FOIA. Check the INS website on FOIA policy if any. Check with the lawyer before calling the INS.

On a more general note why on earth did you not surrender your Canadian Landing Permit if your intent is to be in the US. Your Canadian CP becomes invalid if you dont maintain residency of 180days each year. I guess you were hedging your bets in case the US backfired. You could have avoided all the crap by just being a little more thoughtful. You can always apply for immigration to Canada. Their point-system is quiet liberal and there is a joke that goes around that even a donkey (yes I mean the animal) can qualify on the basis of the point-system.

Please call an attroney of repute and stop querying people on this board for such a complicated issue. Nobody is a lawyer, all of us write based on what we see and hear in various discussions and YOU NEED A GOOD LAWYER!!!

Good luck and wish you the very best. Enjoy your wedding. This Green Card is not the end of the world!!!
 
Thanks bandra for all your help. Can you please list what in your opinion are "good lawyers." Also, when 485 is being adjugated do they look at labor application and I-140 as well?
Thanks again for all your help and thanks to all others as well who responded.
 
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