Wrong information was floating around, so I thought to write this pravachan. 

1)      1) Getting green card is a two step process :

a)      a) Establishing eligibility (I-130 for relative petitions, I-140 for employment based petition).  Few other criteria but those are mostly not applicable and we will not discuss it here.

b)      b) After eligibility is established or when the eligibility documents are pending, filing for Green card which is Form I-485.

2)      2) You cannot file for green card until the Visa Number is current even after I-130/I-140 is approved.  This is a numerical number assigned under each category of visa by the State Department.  Current means your I-130/I-140 must be filed on that day or before in order for you to file and get your green card.  Also, if you file for your green card when your visa number is current, you will get green card only if visa number remains current.  If Visa number retrogresses, you will have a green card pending status with all the benefits of green card but you will not get your green card until the number becomes current. 

3)      3) For US citizens, certain age specific children, spouse and parents do not have to wait for any visa number.  For them, it’s always current.  So, if you are a US citizen, you can marry a girl/guy and file for forms I-130/I-485 at the same time. Same is true for parents and age specific children.

4)      4) Familarize yourself with this page: You won’t need a dumb head attorney after this.  http://www.travel.state.gov/visa/bulletin/bulletin_5424.html

 

 Disclaimer: Anything posted in this website is just general information and it should not be construed as legal opinion.

Thanks for sharing what you know. This thread was knowledgable.

Now, the immigration litigation pravachan!

1) No one can/may/will deport you immediatly.  US has Due Process provision under fifth amendment and it is protected.  So, if you are caught working illegally, or if you are out of status, ICE may place you in Removal Proceedings.  The day you get NTA (Notice to Appear), you are officially in Removal Proceedings.  It means, your case in not in the jurisdiction of DHS anymore, it is in DOJ.  You will not be deported even after being in removal proceedings as long as the case is pending with Immigration Court (IC), usually 2-3 years.  If the IC denies your case, you can appeal to Board of Immigration Appeals (BIA).  However, once the case is in BIA, ICE can knock your door and detain you at that time while the case remains pending with BIA.  You may even be deported while the case is pending with BIA.  You are just on the mercy of the ICE Counsel at that time. If BIA denies your appeal, you can go to Circuit Court.  Mos cases end here.  Only rarely, a case goes to Supreme Court from a Circuit Court.  Most immigrants battle all the way up to Circuit Courts filing Petition for Rehearing/Review.

Ani sabai Democrat supporter mitra haru ko lagi information.

Bill Clinton passed section 245(i) based on which all illegal immigrants filed for Labor Certification if they pay $1000 fine.  This resulted the overwhelming backlog and it has since been there for the past 11 years.  He signed it into law on Dec 20 night 2000. Because of this, students and any other legal visa holders have to wait almost 8-9 years to get green card whereas illegal immigrants are enjoying their green card.

Tesaile democrat supporters sabai dumb head hun.  

PS: If you work in a gas station, ask your boss how he got green card.  He will say he filed his LC in 2001 based on Clintonial 245(i).

Another interesting reality: Immigration/Personal Injury/ Real estate attorneys (or all small or solo practice) are the least qualified students in law school.  They usually work for $12-15/hr.  Those idiots  don't get to work in a national firm, so they work in these shitttt fields. Most don't even know shitttt....they are just trying to make whatever they can.

sahikura ho

 @ nagarikreport: As a citizen filing petition for my parent, I know I should make 125% above the federal poverty level. Do you have any idea what is that amount exactly as of 2011? What are the options if I don't make enough? I would appreciate your response.

 ok, I found it here. http://www.uscis.gov/files/form/i-864p.pdf    Sponsoring my parent as a single means I should make $18,387 annually considering my household size of 2, right?

Your household size includes you, your spouse, and dependant children.  You will also need to add the total number of people you are sponsoring.  Don't forget to count yourself as well.

Sample:

you = 1
your spouse = 1
children = 2
parents being sponsored = 2

Total amount for the number of people you will need = 6

If you don't make enough, just have a joint sponsor fill I-846 in addition to yours.  Anyone can be a joint sponsor as long as they are a GC holder or US citizen.

@nagarikreport: my brother brought my son to USA by saying that it was his son while applying for visa in 2005. My son is staying with me and my wife ever since. Now my brother's daughter (us citizen) is sponsoring
him. My wife is getting her gc as well and wants to add her son. My brother tells me to not add my son in my wife's paperwork because he is listed as the boy's dad with the visa issuing office. My son is 16. My brother's daughter is willing to sponser my son as well. What should I do to solve everyone's situaltion? Who (either my wife or my brother) claim my son as dependent so that everyone is happy?will there be any problem? PS. My brothers daughter becomes US citizen in less than two years. Also my wife 's gc prossess will take atleast one year. Please suggest!

My 2 cents:

Do not change the original information that is already in the record. record is shared between offices and accessible to verify the relationship. if you keep the consistency, you will not have any trouble. It would be a matter of suspect to change parent's name at this time. if they ask for the DNA testing, then you will be toasted.  Your brother is right. do not change parent's information.

I have been green card for 6 years. What do I have to do to apply for citizenship? Do I need lawyer or I can do by myself?

Very interesting thread and valuable info. Ya I remember back in early 2oo1 when I was in ocean city to work everyone was filing and getting the greencard. I came back to the middle of no where college town and got out of the loop but now I know what it was. Thanks Nagirilreport but howcom u don't think dv lottery and asylee greencard process are worth mentoining?

Badri

You can refer to USCIS website.  File Form N-400. You could have filed it after 4 years and 9 months since you became a permanent resident.

kalopani babu,

If you have any general questions, post it here.

hello nagarikreport,

could you please have your pravachan, if any, on the following situation? thanks!


I've a FT job with company A and have sponsored my GC under EB3ROW with PD of April, 2010. I've already worked over 5 yrs with company A. Company B (which is consulting and direct vendor for the client) is willing to apply me under EB2ROW (as the client requires the job candidate with 5 yrs experience). So, my questions are:

1) How safe/risks is it if I decide to move on to consulting leaving behind my FT position considering that the consulting company is a startup company?
2) If my either PERM or I140 don't get approved, will I still be able to retain my GC process for EB3ROW with the PD of April, 2010?

I appreciate sharing your knowledge and experiences!

Delicate (are you as soft as your name?)

I've a FT job with company A and have sponsored my GC under EB3ROW with PD of April, 2010. I've already worked over 5 yrs with company A. Company B (which is consulting and direct vendor for the client) is willing to apply me under EB2ROW (as the client requires the job candidate with 5 yrs experience). So, my questions are:

1) How safe/risks is it if I decide to move on to consulting leaving behind my FT position considering that the consulting company is a startup company?
Your PD to be current (so that you can file for GC) with company A will take approx 8 years, unless you get blessings of lord pashupatinath. It's your choice to suck up for 8-9 years for this sucker company.

With EB2, Nepal is almost always current. They file for PERM (6 months). Subseuently, you can file for I-140/I-1765/I-485/I-131 without sucking up for years.

2) If my either PERM or I140 don't get approved, will I still be able to retain my GC process for EB3ROW with the PD of April, 2010?

Nothing will happen to your approved LC/I-140  from company A unless the sponsoring company A withdraws it.  

Best alternative: Continue working with company A and ask for company B to file for PERM. Once it is approved, look into their tax returns.  They need to establish ability to pay which can be done in three ways.  If you determine they are qualified, ask them to file for I-140/I-1485/I-765/I-131 which will give you green card and after you get green card, you can join company B.  Don't forget, always maintain your non immigrant staus until you get your GC in hand.

nagarikreport,

As much as you're knowledgeable in immigration, you're equally funny :). I can be as tough as anybody can be when I've to. 'delicate' is just the phrase that I always remember from my school days because one of my friends used to use it all the time.

Ok, coming back to the serious matter. Are you serious it takes 8 years? There are some websites such as below that calculates mine to be almost 4 yrs (which is already bad). I really hope lord Pashupatinath will do some magic by picking me dv lottery winner.

http://us-non-immigrants.blogspot.com/2011/01/when-will-i-get-my-green-card-green_20.html

Also, you said that I can start applying PERM and eventually I-140 and everything else and join company B once I get my GC. So, the million dollar question is: Is it legal to process mutiple GCs at the same time? I know that the GC is for future employment though.

I have also asked the same question in trackitt and some of them suggested me the same thing about coompany's ability to pay (A2P) me once I join them. How and where would I took into their tax returns? What are the 3 ways that they can establish A2P?

again thanks for your help and i hope it's not just helping me. i'm pretty sure there are other people in sajha looking to get out of this EB3 mess.

I hope to read your pravachan again!

Delicate

I don't want to get into too much detail here regarding the ways to get I-140 approved.  I-140 responses could be pretty rough sometimes.  If you want to play simple game, just look for their net income.  If your salary is $100K, make sure their net income in corporate tax returns is 100K for the years since they have filed PERM for you.

Regarding 8 years, only god knows....right now, I think, EB3 for Nepal has 6 years of backlog.  It may go back and it may advance.  There is no formula and everyone has their own estimates.  Anyone who claims to know the exact time frame is a joker. I don't care what people write in forums, fact remains fact.

Why would you file for 2 GC? Green card means filing for I-485.  You can file multiple PERM/I-140s for same or different companies.  Whichever date becomes current, pick that and file it.   People file for multiple I-140s to be on the safe side in case a company goes out of business..or income declines....multiple reasons.

Hajur manav hoina mahamanav hunihunchha...

Pichas haruko lagi hami manav nai haun...