Will this affect my citizenship?

JoeF said:
Well, INA 245(c)(7) makes a person ineligible to file an I-485 if the person is out of status.
However, INA 245(k) states that if the person has been out of status for less than 180 days after a lawful admission, the person can still file an I-485.
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That's funny! :D
So, in your opinion, my case is worse if I look from 245(c)(7) angle and it is ok if I look from 245(k) angle. Is that right?!

I am more confused now :eek:

Thanks a lot,
Kudi Magan
 
Hi guys!

I am kind of in similar situation like Kudi Magan. My fiancee came on H1 visa and got only bench pay. BUT, we didn't have to pay anything to the company like in the case of Kudi Magan's. After couple of months my fiancee got EAD and quit the company. And we got our GC after 8 months.

Now when I apply for citizenship, will I have any problem?

Thanks,
Newbie001.
 
after reading the first few discussion between the OP and other posters (especially with JoeF) here, all the sudden, I felt like the OP had the same reaction like SONY55.... JoeF, i guess you know what i mean.

I am not sure if the law has classified the out-of-status is because of the sponsoring company withdraw the H1, or it is because visa fraud exist.

anyhow, has anyone seen SONY55 after he received his citizenship yet? I was dying for hearing his replies to help others as he promised! i guess NOT!
 
I think that the advice you're getting here is not good and just makes you panick for nothing.

Unless you tell them they will not care and will not find out. If you do it's going to be a problem for you and your wife. It's a black and white situation and I don't see how an expensive lawyer would help here. The risk is obvious.

This is like for example illegal gambling. Let's say you played poker with your friends or filled out the NCAA brackets and paid $10 to get in a contest and won/lost. These are both illegal gamblings and are probably considered misdemeanors. Should you tell USCIS about them probably not. If you do it will probably get you in trouble and you will not get your citizenship b/c of illegal gambling. However, it is so minor that they won't care and won't specifically ask about it.

Should you take a lawyer from OJ Simpson's defense team and bring him to the intereview with you b/c of that? I don't think so -- the risk is obvious and if you think about it a little you should know what to do and what not to do.
 
Joef that's not what I mean.
How would taking a lawyer change the situation? The lawyer is not a magic wand that would make this thing disappear and this poor dude clean in the eyes of USCIS. I am sure this guy would take it back and not pay a company to maintain his wife's h1. However, it's too late now what's done is done and lawyer's can't change that. Opening this can of worms is not advisable at this time and I think we all agree that most likely no one will care or find out and he'll be OK.
Like I said even if he comes into the intereview with OJ Simpson's defense team (the A team) ready to interject and take the fifth or object whenever a question is asked about the h1 it can only make it worse.
A lawyer will not make him clean and will most likely tell him the same thing: don't say anything and hope for the best. Open this can of worms and you'll regret it.
 
don't just throw in a cliche.
Good lawyer bad lawyer. this is not rocket sciense here. Say somthing and you'll be in trouble. keep quite and you'll probably be OK.
 
JoeF said:
Staying quiet has never solved things.
Putting your head in the sand and hoping nobody will notice is a foolish thing to do. We are not in kindergarden here...
Being an adult means to take responsibility for one's actions.
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I totally agree with you. However, not every adult would take responsibility for one's actions. In fact, I have seen a lot of them trying to avoid or hide the fact, and "hope" no one would find out their mistakes... etc
 
more cliches nice!

For the sake of arugment I just hope this guy goes to a lawyer and we'll see the magic advice he gets.

I want to see how this lawyer helps him coming clean with his h1 "fraud" and not get deported.

The only other way to do it is to keep quiet. You make it sound like lawyers are some sort of magicians it's not the case. If you have an arrest on your record for example it's a good idea to take a lawyer who will help you explain and plead your case in the best way which will still allow USCIS to grant you citizenship or Green Card etc...

Here there is nothing to explain yet and it will not come out. Admiting to h1 fraud here is a receipe for a lot of trouble for him and the company
 
Superho said:
Sure you had a choice. You just made the wrong one. My wife and I had to make that choice too. The case was that her temporary stay was expiring and people suggested to us the very same thing that you did. I refused to do any such thing and my wife agreed. We did not want to jeopardize either of our statuses in the future. We have been apart for three and a half years now. We will be able to upgrade her petition when I get my citizenship. I sleep a lot better at night, knowing that we made the right choice.

By the way, take a look at the questions on the N-400. It doesn't matter what people say on this forum. See if you can answer the questions on the N-400. I think you will realize what the situation is.
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I was in the similar case. I wanted to ask my gf to use the visitor visa to come to US and we would get married, then I could file the I-130 and I-485 for her. However, it would be very clearly that her intention of coming to US would not be for temporate visiting. I did not want to risk her future for her citizenship. Finally, we got married in her home country and then I filed the I-130 directly with AIT. It is so much faster than filing the I-130 and I-485 with USCIS in US.

We had 2 choices to make. I am sure we made the right choice. At least, there would not have any issues in the future and questioned by the USCIS about her "intention" coming to US.
 
exactly.

Have you ever had too much to drink once and drove. Did you go to the policee the next day to report it? I don't see too many adults reporting things they did wrong.
 
gcardo said:
more cliches nice!

For the sake of arugment I just hope this guy goes to a lawyer and we'll see the magic advice he gets.

I want to see how this lawyer helps him coming clean with his h1 "fraud" and not get deported.

The only other way to do it is to keep quiet. You make it sound like lawyers are some sort of magicians it's not the case. If you have an arrest on your record for example it's a good idea to take a lawyer who will help you explain and plead your case in the best way which will still allow USCIS to grant you citizenship or Green Card etc...

Here there is nothing to explain yet and it will not come out. Admiting to h1 fraud here is a receipe for a lot of trouble for him and the company
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i do not think the lawyer is some sort of magicians. in fact, i do not think anyone who committed a H1 (or any other immigration) fraud should be forgiven or deserive a US citizenship (at least bar from applying US citizenship / re-entrying to US for next 10 yrs).
 
Guys, JoeF is jobless and notorious on this and many other forums for BS postings. JoeF, why don't you get yourself some minimum wage job first. Yaa don't ask why minimum wage ?? Nobody can afford more for your BS experience (BS postings on immigration forums) more than that.. Or post your qualification, all members will try to find some minimum wage job for you. Good Luck and be nice to everybody
 
Lay off of JoeF

Hey Picaso - the personal insults directed at JoeF are totally uncalled for. If you don't agree with his opinions, that's perfectly fine and you can do as you please. But lots of us on this forum do find his opinions valuable and hope he keeps posting for a long time to come.
And after such a nasty posting, you're asking JoeF to be nice???

Sam
 
sam_c said:
Hey Picaso - the personal insults directed at JoeF are totally uncalled for. If you don't agree with his opinions, that's perfectly fine and you can do as you please. But lots of us on this forum do find his opinions valuable and hope he keeps posting for a long time to come.
And after such a nasty posting, you're asking JoeF to be nice???

Sam
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Sam, I agree with you. I just do not want to see another person acting like SONY55 to have personal attack to JohnnyCash. long story short, it is better for us to ignore these kind of people.

Where is SONY55 now? pls help others as you promised.

Blah..
 
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