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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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  • Guest's Avatar
    Guest replied
    Hello Guest,

    Thank you for your meticulous explanation. And yes, I promise to pose when I get approved. Have a nice day, Guest!!!

    Desperate!!!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Hi Desperate

    The welcome letter from Nebraska Service Center is a letter that will be sent when the form I181
    (creation of record for PR - the actual PR card processing) is processed. This will tell you that the actual card has been processed and will be mailed to you within 3 weeks.
    You usually only get that letter when your I485 application is processed at the local INS office.
    As I told you before, I got the approval based on my I130 F1 preference at the local INS office not with the pending I485 at Nebraska for the PIP law. I got the local interview on Nov 2002
    and had to wait about 6 months for security clearance. If you got lucky then the clearance process
    takes about couple of weeks or a month or if you are not lucky it may take 6 months.
    Without the clearance, no officer is allowed to approve any case even if everything else are done.
    Your case may still stuck with the clearance process. The clearance process is very complicated and involves multiple agencies( the FBI, the CIA, the INS, the consular and IRS).
    FBI for criminal and terrorist clearance, CIA to see if you are on watch list, the IRS to see if you worked without authorized or claimed to be non-US resident to avoid paying tax...consular for criminal record oversea....
    If any of these get a hit (base on name and DOB) then you stuck there for how long only God knows.
    A lot of Vietnamse people have the same name so don't be surprised that your clearance process may take longer than the others. Just go to "google.com" and type in your name and see how many of your name can be found on the internet and assume that an officer on any of these agencies types in your name in the database and voila your name is there. Then they have to use your other biological to check that the person in the list is not your. This secondary check is sometimes time consuming.

    In your case filed with the Nebraska service center, the notice of approval will be sent to you and told you to go to the local office to get I89 done (this form used to collect your signature
    and right index finferprint) and to get the temporary proof if you want.
    After that I89 will be sent back to Nebraska and the process of the PR card will begin. Your
    I181 will be created based on the I89 and your PR card will be mailed to you when the card is ready.

    Post here if you got your approval.

    Guest

    Leave a comment:


  • Guest's Avatar
    Guest replied
    hello Guest,

    Thank you for keeping me updated! As of now, I am still waiting to hear from the INS. I have not received a "Welcome letter" yet. What is that letter anyway? Could you tell me what it says in that letter? Does it mean that your green card application, which was applied under the new PIP law, has been adjucated? Please keep me informed! Once again, thank you for your time.

    Desperate!!!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    To Desperate

    I receive my PR card today about a week after
    I received welcome letter from Nebraska Service
    Center.
    Did you get your approval or still waiting?.
    Don't worry because I actually was interviewed
    on my I130 on Nov, 2002 and have to wait for security clearance check and was approved on May
    29, 2003. It takes more than 6 months to get the check done!!!!.
    If the INS officer has not received the positive repsonse from the check, the petition won't be granted. It doesn't matter which category of AOS you are in, the check must be done, that is the policy.
    You never know how long it's going to take for the check, sometimes it's a couple of weeks and sometimes it takes 6 months like my case.

    Good luck to you and hope you will get your approval soon.


    Guest

    Leave a comment:


  • Guest's Avatar
    Guest replied
    To Guest:

    Congratulations on your becoming a permanent resident!!! As of today, I am still waiting to hear from the INS about my I-485 application based on the new PIP Indochinese law. However, a friend of mine already got her approval notice for Indochinese I-485 application. Hope that I will get it soon!

    I wish you the best of luck in your future endeavors.

    Sincerely,

    Desperate!!! or rather Hopeful now????

    Leave a comment:


  • Guest's Avatar
    Guest replied
    To Desperate

    I've got approval for permanent resident based on my I130 F1
    preference at Local BCIS office and also got the temporary card
    valid for 1 year while waiting for the actual PR card to be processed.
    I'm going to withdraw the other I485 based on PL 106.429 which
    is still pending at Nebraska Service Center.
    Good luck to you and hope you will get your approval soon.

    Guest

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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!!!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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!!!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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!!!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    get an attorney

    Leave a comment:

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