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**enigmatic** · 09-19-2006, 03:28 PM

Hi people. I wonder if you are familiar with any body in situation like mine. I came to the United States on an F-1 Visa. I have completed my Master of Science degree in Finance from a U.S university and I am currently on my F-1 OPT period. My H-1B has also been filed. I am aware that immigrants sunject to quota are charged to their country of birth rather than the country of their citizenship. I am an Indian citizen but I was born in Iraq. People have been frequently telling me that I should be taking advantage of this and get a green card as soon as possible.

Now my currrent employer can file for green card but I dont want that because I am not sure how far would it be successful. Other qualified employers have offered me positions based on "pre approved labour". Can any body tell me how does this pre appproved labour thing works????. I will try to work with my prospective employers to get my self under the EB-2 category. Another question is what is an evidence of place of birth? All my docs such as f-1 EAD, I-20, Social Security records, Passport show IRAQ as my country of birth. The only primary evidences I have is the Certificate of Birth issued by the Indian Embassy at Baghdad with the signature of the consular officer and the seal of the Embassy, with my mom's dad's and my name in it . Another evidence I have is my name entered in my mothers passport along with the approval of the Embassy of India , Baghdad. Are these evidences sufficient?? What do you guys think , how much chance do I have for a quick EAD , How much time do you think would it take to get my EAD???

enigma

**HBKHBK** · 09-19-2006, 05:46 PM

To answer your question real quick.
Yes it does matter where you are from and what citizenship you have.So you being from a country that is on a so called "watch" list..is a little tricky,but it should still work,just might take forever,interview etc etc....

as far your employer goes and some wanting to sponsor you,thats great.But fact of the matter is,its not easy as an employer or you might think.
Number one...green card based on sponsor from an employer is difficult to obtain,and very very expensive.
And you employer has to proof and show,No american is available and unable to the job you are doing and has to proof and sow,he tried hiring a US citizen for that job. etc etc...
and getting a green card through work aka employer-sponsor can take up to 3 years.
And thats with an attorney...

**IMPENETRABLE** · 09-19-2006, 07:46 PM

If you were Citizen of Iraq you would be eligible for automatic approval of asylum claim prior to 2003.

But you say that you are an Indian citizen and it's past 2003 anyway.

The fact that you were born in Iraq won't prevent you from obtaining a GC.
After your I-485 filed , IF it's APPROVABLE and IF you are ELIGIBLE for benefit requested, it will have to be approved, sooner or later.

Background check may take longer than usual, but who cares: once I-485 filed you will have your cathegory (c)(9) EAD , can work and travel freely, and what more do you need?

Good luck,

IE

**Adam** · 09-19-2006, 07:51 PM

When you were born the hospital issued a notice of live birth to the parents, and one copy is send to the Ministry of Health, Birth and death Registration office. They issue a Birth Certificate to the parents, then one of your parents must have taken that Bith certificate to the Indian Embassy, at Iraq to Register the birth of a child. Then Indian Embassy has register the Birth and issued Indian birth certificate 8x11 paper certificate and endorsment has been made in your mothers passport to add the child's name date and place of birth.
Please check with your parents they might have your birth certificate issued to you in Arabic.
Your Parents might have that Arabic Birth Certificate.
All Immigration Visas are issued according to the Country of Birth. Your Visa number will be charged to Iraq.

**Aaash** · 09-20-2006, 09:25 AM

Hi,

I had a similar issue, but was of no consequence to my previous applications and petitions. I was born in Libya and am a passport holder of India. My parents were expatriots working in the Middle East. I arrived in to the US on F-1, then consequently employed under H1-B and then my permenant residency. All were filed using my country of birth as Libya and country of citizenship of India. My green card has it printed on the card as well (Libya). At airports and such, the green card is accompanied by the passport and any immigration officer can figure out the differences. Only once was I asked why I was not a citizen of Libya and my response to that was 1) Libya does not allow automatic citizenship by birth, 2) My parents were not citizens of Libya and hence required me to be a national of India.

I did however have the original birth certificate which I used for my permenant residency filing.

I am sure you have an attorney helping you so do consult accordingly. I suggest not to fabricate information on your applications in fear of rejection of petitions. Contrary to the inept notion, the USCIS is aware of such cases and know how to work it.

PS: I came to the US and did all my petitions and such when Libya was considered a terrorist state and not in the good graces of USA.

**Adam** · 09-20-2006, 09:45 AM

Their are many US Born and Naturalized US Citizens are working abroad for US Companies and Local Comapnies in Middle-East, one time we had about 35 to 45 thousand working in one country, and we still have some good numbers of American abroad for many years.

At the same time many US Children are born abroad to US Citizens and one Citizen and other Alien most of them are born abroad but still US Citizens.
The US Embassies and Consulate do not take the original birth record of the child, but they do want to see that and returned the original to the parents. US Embassies/Consulate issue a Consular Report of Birth Abroad of a US Citizen original is give to the parents and copy is send to the Consular Affairs Department of State, which is kept permanently in Washington, and the child can always request a copy any time for a fee of US$15.00

I wish the all the Governments should also do the same kind of permanent recording keeping of their citizens.

Top of this many Inspector at the port of entry do not know if a child is born abroad can be a citizen of United States, like wise other country. thats why they have this questions.
How come you have an Indian passport while you were born in Libya or Saudi Arabia.
None of the Arab Countires allow the Naturalization. Kuwait was thinking before Gulf War in 1987-1989 After they giveup on this subject.

**enigmatic** · 05-15-2007, 06:08 PM

Hey Adam, thanks for your reply to the post. I did manage to find the original arabic birth certificate. It is issued by the Ministry of Health, Baghdad - Directorate of Health and Life statistics. You were exactly right, this birth certificate was issued on the basis of the information given by the hospital in which I was born. Am I good to go with this kind of birth certificate?

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Adam:
When you were born the hospital issued a notice of live birth to the parents, and one copy is send to the Ministry of Health, Birth and death Registration office. They issue a Birth Certificate to the parents, then one of your parents must have taken that Bith certificate to the Indian Embassy, at Iraq to Register the birth of a child. Then Indian Embassy has register the Birth and issued Indian birth certificate 8x11 paper certificate and endorsment has been made in your mothers passport to add the child's name date and place of birth.
Please check with your parents they might have your birth certificate issued to you in Arabic.
Your Parents might have that Arabic Birth Certificate.
All Immigration Visas are issued according to the Country of Birth. Your Visa number will be charged to Iraq. </div></BLOCKQUOTE>

**enigmatic** · 05-15-2007, 06:11 PM

HI Aaash, did you have the original birth certificate in Arabic as well as the consular entry of birth by the Indian Embmassy (Form H). Please let me know. I have found my original birth certificate issued by the ministry of health in Iraq, am I good to go?

Thanks

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aaash:
Hi,

I had a similar issue, but was of no consequence to my previous applications and petitions. I was born in Libya and am a passport holder of India. My parents were expatriots working in the Middle East. I arrived in to the US on F-1, then consequently employed under H1-B and then my permenant residency. All were filed using my country of birth as Libya and country of citizenship of India. My green card has it printed on the card as well (Libya). At airports and such, the green card is accompanied by the passport and any immigration officer can figure out the differences. Only once was I asked why I was not a citizen of Libya and my response to that was 1) Libya does not allow automatic citizenship by birth, 2) My parents were not citizens of Libya and hence required me to be a national of India.

I did however have the original birth certificate which I used for my permenant residency filing.

I am sure you have an attorney helping you so do consult accordingly. I suggest not to fabricate information on your applications in fear of rejection of petitions. Contrary to the inept notion, the USCIS is aware of such cases and know how to work it.

PS: I came to the US and did all my petitions and such when Libya was considered a terrorist state and not in the good graces of USA. </div></BLOCKQUOTE>

**HBKHBK** · 05-15-2007, 09:14 PM

It matter big time where you are from or where you were born.

A. is watch list.

B. where most fraudsters are from.

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Is country of Birth important ???

Is country of Birth important ???

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