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To Mr. Sammy, Umesh, Mohan....or anyone else who is knowledgable please help me with my urgent concern!!!

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  • To Mr. Sammy, Umesh, Mohan....or anyone else who is knowledgable please help me with my urgent concern!!!

    Hi everyone,

    I have a visa status as a PIP (Public Interest Parole). I recently filed for my status adjustment to become a permanent resident under the new PIP law, which started on Jan. 27, 2003. I was fingerprinted about a month ago and am now waiting for an approval on my case.

    My main concern is about my lack of the work authorization document. Recently, I have been made aware that I need to obtain a work authorization in order to work in the U.S. as a PIP, but I have been working for almost two years now without having obtained one. My question is: Will working without authorization affect my adjustment application negatively anyhow? I talked to Attorney Marc Ellis today and he told me that not having authorization to work as a PIP might negatively affect my adjustment application unless someone has filed I-130 on my behalf prior to April 1, 2001. However, in my case, no one has filed the form I-130 for me. Does it mean that I am stuck with my PIP status? Does the fact that I have been faithfully filing my taxes pardon me from not having work authorization, provided that my not obtaining authorization for employment was genuinely due to my lack of knowledge of the immigration laws?

    Interesting though, when I talked to attorney Robert Mullins from Robert Mullins International, he said that I might not encounter any problems since there is no indication on my I-94 that says I need work authorization to work. If so, what attorney Robert Mullins said to me completely conflicts with what I was told by attorney Marc Ellis of this website. Who is right in this case? Please help......anyone who knows about this immigration status!!! Oh, one more thing....if it helps you to give me a more accurate answer. I worked for the Community College District last year and am currently working for the Federal this year, although none of the bosses had asked me to show my work permit document prior to granting me the job. As for my job at the Community College District, it was my part-time job as a student.

    Anyone in the same situation or know anything about PIP please help. Your input will be greatly appreciated and will surely save me from many sleepless nights!!! Thank you so much in advance for your kindness. I am anxiously waiting for your replies.

    Desperate!!!

  • #2
    Hi everyone,

    I have a visa status as a PIP (Public Interest Parole). I recently filed for my status adjustment to become a permanent resident under the new PIP law, which started on Jan. 27, 2003. I was fingerprinted about a month ago and am now waiting for an approval on my case.

    My main concern is about my lack of the work authorization document. Recently, I have been made aware that I need to obtain a work authorization in order to work in the U.S. as a PIP, but I have been working for almost two years now without having obtained one. My question is: Will working without authorization affect my adjustment application negatively anyhow? I talked to Attorney Marc Ellis today and he told me that not having authorization to work as a PIP might negatively affect my adjustment application unless someone has filed I-130 on my behalf prior to April 1, 2001. However, in my case, no one has filed the form I-130 for me. Does it mean that I am stuck with my PIP status? Does the fact that I have been faithfully filing my taxes pardon me from not having work authorization, provided that my not obtaining authorization for employment was genuinely due to my lack of knowledge of the immigration laws?

    Interesting though, when I talked to attorney Robert Mullins from Robert Mullins International, he said that I might not encounter any problems since there is no indication on my I-94 that says I need work authorization to work. If so, what attorney Robert Mullins said to me completely conflicts with what I was told by attorney Marc Ellis of this website. Who is right in this case? Please help......anyone who knows about this immigration status!!! Oh, one more thing....if it helps you to give me a more accurate answer. I worked for the Community College District last year and am currently working for the Federal this year, although none of the bosses had asked me to show my work permit document prior to granting me the job. As for my job at the Community College District, it was my part-time job as a student.

    Anyone in the same situation or know anything about PIP please help. Your input will be greatly appreciated and will surely save me from many sleepless nights!!! Thank you so much in advance for your kindness. I am anxiously waiting for your replies.

    Desperate!!!

    Comment


    • #3
      Apply for political asylum sammy

      Comment


      • #4
        Dear Private Uni:

        Was that your answer for me? If so, I am afraid that political asylum is totally different from PIP. Anyhow, thanks for you time.

        Have a nice day!

        Desperate!!!

        Comment


        • #5
          I guess not, "Desperate!!!" -- maybe it was a response/advice given to sammy

          Comment


          • #6
            People, please help relieve my worries by giving me some sort of inputs. Help, help, help!!! I have been patiently waiting for your replies.....and am still waiting, waiting, waiting.

            Desperate!!!

            Comment


            • #7
              get an attorney

              Comment


              • #8
                To Desperate!!!
                You have already applied for AOS, if you have not sent application for EAD I-765, then you should send it now alongwith other correspondence you have with the Immigration Department. Do not forget to enclose copy of those correspondence and copy of AOS application. Within 2 - 3 months, you will receive your EAD to work.
                Good luck.

                Comment


                • #9
                  I was admitted as PIP like you in 1992 but I'm
                  aware of the EAD requirement so I have my work authorization renew every year even when I was in college doing Work Study job.

                  Your I 94 doesn't say that you need authorization
                  document to work but the parole status requires
                  to have EAD to work. You should have a parolee letter from the INS District Director in Thailand (if you're from Southeast Asian). This letter states clearly that you need to obtain authorization in order to accept employment.

                  However, PL 106.429 allowed the beneficiary of that law to adjust status if even if he/she
                  worked without authorization or received public benefit or had medical issues. Read the INS regulation for that law to get more information.

                  So your chance of AOS will be OK under this law
                  (will not be OK if AOS in other law).
                  Anyway you should file I765 to get EAD.

                  There is another PIP status but this one is after you have been denied of refugee status then you may file AOS with the Lautenberg's amendment
                  which allows PIP people from the the Soviet Union and Southeast Asian countries to file AOS if they entered the US prior to Oct.1991.


                  Good luck.

                  Comment


                  • #10
                    To g: My adjustment application is still being processed. The INS has not let me know of their decision on my case yet, so I can't really know which action(s) to take. I will seek the help of a lawyer, though, if I get a negative result. Thanks for your suggestion !



                    To Umesh: Yes, I already sent my I-765 application and the appropriate fee to the INS as soon as I was made aware of my need for an EAD to work as a PIP, which was a little more than a month ago. Three days after I submitted my EAD application, the INS had sent me the fee receipt notice although the actual EAD has not arrived yet. I will probably receive it any time soon. Thanks for your time and your good advice, Umesh!



                    To guest: Yesssss, I feel much relieved now after reading your message. What you just confirmed is in complete accordance with what attorney Robert Mullins of Robert Mullins International had reassured me. He said that, under section 586 PL 106-429 for Indochinese Parolee's status adjustment that started on Jan. 27, 2003, the INS will not inquire about the applicants' financial aspects, which inherently means that they will overlook any issues regarding EAD or any employment-related issues as to that effect. Thanks God for this new law and thanks God for your confirmation!!! Hopefully, I will hear the good news from INS soon since hundreds of PIP applicants already received their approval notice for their adjustment application last week after 3 months of submitting their I-485. They were told that they will receive the actual green card within the next 3-4 weeks or so. I hope that I am in line to receive that letter soon since I did my fingerprinting about a month ago.

                    To explain my ignornance of the immigration laws, I came to this country when I was quite young. My mother, who kept all the paperworks back then, unfortunately, misplaced that Parolee letter and has failed to inform me about the necesssity of having an EAD for employment as a PIP. The EAD issue did not come to my awareness until I became active in applying for my own adjustment status recently.

                    Again, thanks for your confirmation, Guest. Now I can rest with ease knowing that my application might be ok after all.


                    Desperate!!!

                    Comment


                    • #11
                      Under section 586 of PL106.429 ground of inadmissibility, 212 a(4), a(5), a(7)A, a(9) will not apply.(Those are Public Charge,Unauthorized
                      Employment,Medical Exception..). So you do not need to file a waiver for those. Otherwise, to overcome these violations you need to file a waiver.
                      Because of the PIP status was given to a broaden base of Southeast Asian people (Vietnam,Cambodia and Lao) either from a refugee camp or from ODP
                      so I864 (affidavit of support) is not required.
                      Those admitted from a refugee camp have no way of
                      finding anyone to file I864 on their behalf so financial status will not be considered in AOS for those people.

                      I was fingerprinted about 10 days ago but as far as I've known nobody has been approved yet on this section of law because AOS now requires a ton
                      of security background check which may need months. Before the case is approved, one must be cleared by the FBI (that the fingerprint for), the name check (bio check from the FBI/CIA) and
                      IBIS(Inter-agency Border Inspection System) check (for criminal and immigration status violation). Either one of these get a hit then there would be a significant delay because the officer may need further investigation to the case.
                      So for those which applied on 01/27 and had their
                      AOS approval is kind of too soon (i doubt about it..or may be i'm wrong in this case).
                      If you want to check your case status then follow
                      the below link and use your case number which should be like LIN03......printed on your receipt notice.(all PIP AOSes should be in Nebraska center).
                      https://egov.immigration.gov/graphic...s/caseStat.jsp.
                      The check will let you know how your case progresses over time like fingerprint result...or
                      any RFE (request for further evidence).

                      Good luck.

                      Comment


                      • #12
                        To Guest:

                        Thanks you for your information. However, it is true that hundreds of PIP applicants have received their approval notice for their I-485, as this information source is extracted from Mr. Nam Lo^.c's law firm. Last week, Mr. Nam Lo^.c announced on his firm's radio station that hundreds of his clients got that approval letter. After hearing the announcement, some doubtful PIP individuals called Mr. Lo^.c's office to get the confirmation on that fact, and he did give them the reconfirmation. Let's us hope that we will receive ours soon.

                        Have a good evening, Guess. May God bless your kind heart for the peace you have brought to my mind.

                        Desperate!!!

                        Comment


                        • #13
                          To Desperate

                          I saw the processing time report for Nebraska center and the I485 for Indochinese Parolee was
                          "Not Yet Adjusdicate". So I doubt about what Mr. Nam Lo^.c said !!!

                          Below is the link and you can see for yourself.
                          Would you trust Mr. Nam Lo^.c or report from
                          Nebraska Service Center?
                          I live in the Northwest so I don't know much about
                          Mr. Nam Lo^.c's firm reputation.!!

                          One thing is for sure, approval in 90 days from the day of submitting application is a miracle now a day for AOS!!!.

                          http://www.shusterman.com/pdf/nsc.pdf

                          Guest

                          Comment


                          • #14
                            To Guest:

                            For your information, Mr. Nam Loc is one of the well-known figures in the Vietnamese community in Southern California. Through great efforts, he had brought to the attention of law professor Viet Dinh, who is currrently serving as an Assistant Attorney General, the issue of Indochinese Parolees needing to adjust their status to permanent resident after many years of legally staying and working in the U.S. As a result, much to the credit of Professor Viet Dinh, the new PIP law for Indochinese Parolees was introduced and became effective as of January 27, 2003. With this, I suppose that the words of Mr. Nam Loc should carry some weights since, utimately, he was the one who has helped make this new law happen.

                            Hope you and I will hear the good news from the INS soon. Good evening to you!!!

                            Desperate!!!

                            Comment


                            • #15
                              To Desperate

                              PL 106.429 was sponsored by Senator Patrick Leahy(D)(State of Vermont I believed) and others in the senate around July 2000 and signed into law by
                              then president Clinton on 11/06/2000. It takes
                              more than 2 years for the final regulation to be effective as of Jan, 27, 2003.
                              As far as i known Professor Dinh Viet at the time
                              was still a professor at Georgetown University,
                              he sometimes appeared on Fox,CNN for interview mostly related to constitutional law. He probably
                              a Republican and therefore may not bear any weight or attention to Mr. Leahy about the need of
                              thousands of Indochinese Parolees for adjustment of status. His reputation only came after the US
                              Patriot Act (he is the author of this act). The fact that he is a law professor specialty in constitutonal law and a Republican may get him the position.(At that time the Justice Deparment
                              really needed a broaden law to give more power to the authority to combat against terrorism).

                              PL 106.429 initially is just a simple copy of Lautenberg's amendment (named after Senator Lautenberg (D) new Jersey) with some additional changes. The Lautenberg's amendment only covered for Indochinese Parolees who were paroled on or before Oct.1991 after being denied refugee status.
                              PL 106.429 extended the coverage to any parolee
                              who was paroled before Oct 1997. The draft of the law before the House Conference did not have a
                              5000 ceiling (only first 5000 people eligible under this law). After the conference the 5000 ceiling was introduced to the law thanks to the
                              contribution of some Republican Senators and Representatives opposition in the House!!!???.

                              I followed this law from the beginning and wait patiently more than 2 years for the final regulation to file AOS. I actually
                              have another AOS pending (I130 F1 preference) so whichever comes first, I will have my status adjusted to PR. The only downside of I130 is I have to wait for 5 years before being eligible
                              to apply for citizenship. If adjusted under PL106.429, I can apply for citizenship right away because the record of Permanent Resident will be the day I was paroled ( for me is 1992), well beyond the 5 years period requirement.

                              I grew up in VN, went to university before I came here in 1992 so I tend not to believe anything easily..(hic..hic one of my weakness). People usually took credit for doing nothing back there so bear with me if I had any doubt.

                              Anyway, just cross our fingers and hope we are all get our approval soon.

                              If I have any good new I will let you know by posting here in this forum.

                              Cheers

                              Guest

                              Comment

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