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Results 11 to 20 of 552

Thread: SAMMY, PLEASE HELP ME. I KNOW YOU ARE THE ONLY ONE CAN ANSWER ALL THESE QUESTIONS

  1. #11
    Guest
    Jo, I already had my hunts that you made the said name because there is no such name existed for a person which I am aware of, except sometimes this name is used to call someone with love as a nick name. And, it's totally a personal decision whether to post by your real name or not.

    I know that you are USC and your hubby is Pakistani, but I thought that may be you were from Pakistan or India by "origin" because I've noticed that you are very much involved with those cultures as you knew lots of words and information on those cultures [but, now I understand that it's because of yr hubby]. But, there is no doubt left in my mind that you have a great sense of humor- i.e when you noticed that your husband's friends call him Rana (king), you made your name Rani (queen), which is completely understandable because wife of a king is called queen anyway. Cool.

  2. #12
    Sammy-

    If your're still there- any ideas what type of things qualify as a crime of moral turpitude? My husband had 2 burglary charges in nz in his late *****- basically wrong place, wrong time and the only charge was probation. Our lawyer is concerned about them though.

  3. #13
    Guest
    Hi Sammy, I have the same question on Moral Turpitude. What are moral turpitude crimes and how they are different than aggreviated crimes? How to define aggreviated crimes and moral turpitude crimes, and what are the difference between both of them? Please answer, if you can. Thanks.

  4. #14
    Guest
    Actually, hubby calls me "Tiny Queen" which is a joke, because I am NOT tiny!

  5. #15
    Guest
    But you may be a queen, Jo!

  6. #16
    Boohey Barian means doors and windows. its punjabi .
    called pure punjabi, only people who lived in punjab( pakistani punjab Or indian Punjab)will know it unless their main language is punjabi.
    Other then that people called Darwaja and khirkis.
    Its a discussion, not a legal advise..

  7. #17
    Guest
    Hubby's mother tongue is Punjabi. He speaks English, Urdu, some Arabic, and communicates with our Bengali room mate.

    He says I am a Queen, but I don't believe it!

  8. #18
    Guest
    Sammy:

    Thank you for compiling the list important reasons someone might be barred from entering the US.

    I am interested particularly in two of those reasons, in each case you have stated that the bar can be waived:

    "-Someone left the United States after having been in the country unlawfully for more than 180 days. This will bar the person for three years, but s/he may be eligible for a waiver.

    -Someone has been in the United States unlawfully for one year or more. This will bar the person for ten years, but s/he may be eligible for a waiver. "

    Can you please elaborate on how these bars can be waived? How does one go about getting it waived? Also, are these bars automaticaly effective on someone at the time of overstay or are they decided and imposed by immigration judges?

  9. #19
    Guest
    TO: KRUGER

    The question you have asked is related to UNLAWFUL STATUS BAR, a ground for inadmissibility to United States. Let me elaborate it since you asked me to elaborate it-

    The law in respect to this bar states-"Counting from April 1, 1997, you may be barred from permanent residence for three years if you leave the United States after having been in the country for more than 180 days in unlawful status. You may be barred for ten years if you leave after having been in the United States unlawfully for 365 days or more".

    The INS will consider you in unlawful status if you do one of the following:

    - Remain here longer than permitted on a temporary stay.

    - You entered the United States without INS authorization.

    - You violate the conditions of your stay.

    - You entered with phony papers.

    But, you should remember that INS won't count time spent in the United States unlawfully while you were under 18 years of age.

    This law is very tricky because the 180 days and one year bars only apply IF YOU LEAVE THE UNITED STATES. Most people who are in the United States, including those who are unlawfully here, can get their permanent residency without leaving, if they can adjust status.

    Millions of people are waiting for sec.245(i) to be reinstated because if sec. 245(i) is not extended then people may have to leave the country at some point and get their parmanent residence thru consular processing, but leaving the United States after having been illegally after 180 days might mean you'll have three years bar and 10 yrs bar to permanent residence if you were illegal here a year or more. So, if you qualify to get permanent residence without leaving the United States, this bar shouldn't be a problem.

    This unlawful status bar will prohibit you from getting a p.residence if you entered into the U.S. without INS permission or inspection, even if Congress extends the right of people who are here out-of-status to be interviewed in the United States thru extending sec.245(i). This means you'd have to get your immigrant visa at a U.S.Consulate abroad, but once you leave the U.S., you will be subject to 3 or 10 yrs bar based on the duration of your illegal stay in the U.S.

    Under the 3 yrs bar rule, the INS can excuse upto 120 days in unlawful status. The INS calls this TOLLING of upto 120 days, but INS won't excuse or TOLL any time if you were illegal for a year or more, because INS can excuse your unlawful stay only if you have been in the U.S. for LESS THAN ONE YEAR. The INS will also excuse time spent in the U.S. while you are waiting for a decision on an asylum application [unless you work without authorization during that periord]. The INS can also excuse time spent in unlawful status while you wait for a decision on a change or extention of nonimmigrant status. However, you must have been in lawful status when you made that application and not worked without authorization.

    The INS MAY [it's very hard to get waiver under new waiver provisions] waive these bars [and thus you can become a p.resident despite the bar] if you are the spouse, son, or daughter of a U.S. citizen or permanent resident.

    The UNLAWFUL STATUS bar rule doesn't apply if you are applying for permanent residence under the special process of battered spouse, children, and parents of battered children [where the unlawful status was related to the battering]. It also doesn't apply if you are an asylum applicant, or you were allowed to stay here because you were a family member of an amnesty permanent resident.

    With keep this bar in mind, it is always advisable not to travel outside the U.S. until you become a p.resident. The INS view is that even if it grants you advance parole [INS travel permission], travel abroad would make you subject to the 3/10 years bar to permanent residence. You should know that the parents of U.S. citizens are not eligible for a waiver of this bar. Moreover, in the wake of recently adopted harsh waiver provisions in respect to this bar, INS is denying almost all waivers even if you are a immediate relatives [spouse, parents, child] of USC. And, you can not seek courts' review [appeal]
    on the denial of these waiver because granting or rejecting these waiver is a sole discretionary authority of the INS , and courts are not allowed to interfere in discretionary authority of INS according to U.S.Constituion.

    I know it seems very strange that the INS would give you permission to travel and let you return but then will deny you permanent residence at the time of interview on your AOS because of your trip. Still, that's the way INS views the law. Unless you want to be a test case and challenge the law, it's better if you stay here until you get your p.residence status.

    So, I hope it has been cleared to you that Immigration judge doesn't decide or impose this bar, instead INS only. As well, the bar doesn't apply on you automatically just because you overstayed here, instead this bar will apply on you only if LEAVE THE UNITED STATES after having been illegal for a specific time.

    Please don't waste my time in asking any more question on this bar including waiver questions in respect to this bar, because I've answered you my best and elaborated the matter as you requested. You may find the answer of your each question here if you review my post carefully. Good luck to you.

  10. #20
    Guest
    TO: SHILPA

    First off, there is no such thing as 'aggravated crimes' which I ever heard, instead it's reffered to a crime qualify for 'aggravated felony'.

    Moral turpitude is conduct or behaviour that is reprehensible in its own right. It is an indication of inherent baseness or depravity of character. Good people may break the law, but good people don't commit crimes involving moral turpitude.

    A crime involving fraud or dishonesty will usually be considered to involve moral turpitude. Among crimes considered by the immigration laws to involve moral turpitude are- arson; assault with intent to kill; commit rape; rob, or inflict serious body harm with a dangerous or deadly weapon; bigamy; blaclmail; bribery; bad check convictions; burglary; counterfeiting; embezzlement; forgery; larceny; manslaughter; murder; pandering; perjury; prostitution; receiving stolen goods; robbery; and sexual offenses.

    Crimes NOT generally considered to involve moral turpitude simple assault, breaking the peace, drunkenness, disorderly conduct, a single grambling offense, or violations of government regulations that do not require intent to defraud as an element of the crime.

    On the otherhand, here's a laypersons' list of what may constitue an aggrevated felony:

    -Murder

    -Rape

    -Sexual abuse of minor

    -Drug trafficking crimes or any illicit trafficking in any controlled substances

    -Illicit trafficking n destructive devices

    -Many firearms offenses, though simple possession of an unlicensed firearm by a permanent resident is not an aggravated felony.

    -Any offense related to laundering of monetary instruments if the amount exceeds $10,000

    -Most offenses involving explosives, arson

    -Offenses relating to the receipt, manufacture, or possession of firearms without proper licenses or taxes

    -Most crimes of violence [not including a purely political offense] for which the term of imprisonment imposed [regardless of any suspension of imprisonment] is at least one year

    -A theft offense [including receipt of stolen property] or burglary offense for which the term of imprisonment imposed [regardless of any suspension of such imprisonment] is at least one year

    -Ransom offenses, including using interstate communications to demand ransom or threaten kidnap; using mails to make threatening communication; making threatening communications from foreign countries; receiving, possessing, or disposing of ransom money or property

    -Child ****ography offenses, including employing, using, or coercing minors to engage in ****ography; selling or transferring custody of a child with knowledge that the child will be used for ****ography; receiving or distributing child ****ography

    -RICO [organized crime and conspiracy] offenses for which a sentence of one year imprisonment or more may be imposed

    -Offenses relatting to owning, controlling, managing, or supervising a prostitution business

    -Offenses relating to involuntary servitude

    -Offenses relating to spying and national security

    -Treason and concealing and failing to disclose treason

    -Fraud or deceit crimes in which the loss to the victim exceeds $10,000

    -Income tax evasion where the loss to the government exceeds $10,000

    -Alien smuggling for commercial gain where the term of imprisonment imposed [regardless of any suspension of imprisonment] is at least one year [exception: only one offense where the person smuggled was your spouse, parent, or child]

    -Document fraud under which the person's actions constitute trafficking in the documents and the sentence imposed [even if suspended] is at least one year [except where you committed the offense to assist your spouse, parent, or child]

    -An offense for failing to appear for sentence where a defendant has been convicted of a crime with a possible sentence of 15 yrs or more

    -Offenses involving obstruction of justice, perjury, or subornation or helping another person commit perjury or bribery of a witness, for which a sentence of at least one year may be imposed

    -Offenses relating to commercial bribery, forgery, counterfeiting, or trafficking in vehicles, for which a sentence of at least one year may be imposed

    -Offenses committed by an alien ordered previously deported

    -Offenses relating to the failure to appear in court for a criminal offense for which a sentence of two or more years may be imposed

    -Any attempt or conspiracy to commit any of the above acts, committed within the United States

    -Any attempt or conspiracy to commit any of these acts violating a law in a foreign contry where the term of imprisonment was completed within previous 15 yrs.

    You should know that- Not all felonies are deportable offenses. With just a few exception, crimes that lead to deportation fall into three categories: "aggravated felonies", drug related crimes and crimes involving "moral turpitude". Leaving the scene of an accidnet is not on the list of INA to be considered as an aggrevated felony. To decide whether a particular crime involves moral turpitude requires a careful reading of the criminal statute. The law calls some crimes aggravated felonies regardless of the lengh of the sentence actually imposed- like certain fraud crimes where the loss to the victim exceeds $10,000.

    You should know that if you were convicted of a crime that is not an aggravated felony, you might qualify for a waiver.

    Two major areas of criminal activity that may make you ineligible to become a permanent resident of the United States are crimes involving moral turpitude and crimes involving drugs. The INS may waive some of these ground of exclusion. Other criminal activities may make you inadmissible as well.

    If you have committed or admit the commission of a crime involving moral turpitude, you may be ineligible to become a p. resident unless you first get a waiver of inadmissibility.

    Moral turpitude is hard to define, but generally it means a crime involving acts committed by people who are mean or evil-spirited or who cheat the government. Drunk driving is not a crime of moral turpitude. Even some homicides, like those resulting from drunk driving, are not crimes involving moral turpitude.

    The immigration laws are especially harsh toward the sale or use of illegal drugs.No waiver of exclusion is available for immgrant visa applicants for crimes involving drugs, even for minor drug related activity such as more than one marijuana possession conviction, selling marijuana [even a small quantity], and possession of any amount of cocaine.

    I have tried my best to explain you about moral turpitude crimes and aggravated felonies. Hope, it will help you in figuring out the differences. Best of all.

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