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  • Mo
    replied
    MicheI

    Are you by any chance related to the infamous Michael on this discussion forum?

    As far as my case, who makes the final decision on AOS cases if not the interviewing officer?

    Thanks

    Leave a comment:


  • MicheI
    replied
    Mo; usually the officer who interviews is not the one who makes the final decision on the case

    Marmaduk; The privacy act has been somewhat repealed by the patriots act ;-)

    Glubirne; petition denied!

    Mo: "thanks boys" ? hahahaha that just sounds so g a y

    Moondin; thanks for your advise a la faux news ;-) 'immigrunts' like Maria will appreciate that!

    Kenny: immmediate fam members are not automatically 'forgiven' (where does dis bs idea come from?)
    - the popular practice of aging out has been aboneded a few years ago, so as long as pop did submit the petition BEFORE he turned 21 he's in it!


    Moos; don't worry so much!

    Leave a comment:


  • Mo
    replied
    I will not let them find something - by all accounts. If they DO find out this overstay, the burden will be on my side... but I heard a lot of nice things about the Boston officers.

    So, we'll see.

    Leave a comment:


  • BronzeLady
    replied
    Interviews can take 15 minutes or can take much, much longer. If the officer believes something is wrong and can take a lot longer. DOn't go in there thinking you will only be there for 15 minutes.

    Leave a comment:


  • Mo
    replied
    BronzeLady

    I knew you did miss-out that part! - but I did hear a lot of people saying the same too, that officers don't even look at the F1 I20's in some cases at all.

    I think the officers are over-rated - I hope they dont pin-me down on that part, and for the time the whole interview takes (15-mins), I personally think the chances are pretty low for them to think through that. But then again, if similar cases are becoming a common issue - then I think I will just have to pray that I dont get caught... what the worst case scenario if they find out I over-stayed for a period of a year?

    Leave a comment:


  • BronzeLady
    replied
    Oops. Missed the part about you coming in after 12/21/00. You are not eligible. The only thing I can tell you is that 1) the officer may not notice that you were out of status on F-1 or 2) doesn't know about 12/21/00.

    Leave a comment:


  • Mo
    replied
    But I thought the 245i died at 20 Dec 2000. I came to the US June 2001, and the overstay occured Jan 2003 - Dec 2003. So, in that case to be eligible for 245i - I have to satisfy the physical presence condition of the 20 Dec 2000 act, and I dont think I can fulfill that condition.... so maybe 245i is not something that will benefit me at all - or can it?

    Need more input from the experts on this one .

    Thanks

    Leave a comment:


  • Old Man
    replied
    I-485 Supplemental A is the worksheet for those who may be eligible for 245(i). The fee is $1,000. INA 245(i) allows individuals who would not be eligible for AOS under INA 245(a) and (c) to adjust if otherwise eligible.

    If you are an immediate relative of a USC, then 245(c) does not apply anyway, so for IRs, 245(i) is mainly for EWI. [245(a) requires you to have been let into the US by Immigration, so illegal aliens in the colloquial sense can't get "green cards" without the waiver.]

    If you are not an IR, then 245(c) is a long list of "Oh, so sorry!" One of the items is the prohibition of AOS for nonimmigrant visa violators. So yes, 245(i) is a waiver of overstay, but much, much more.

    Leave a comment:


  • Mo
    replied
    BronzeLady

    So you are saying the $1000/Suppliment A form are waivers of the overstay? I thought that was 245i related... I read so many immigration laws the past few months, and i never came across the $1000 fee which is not 245i related.

    Regards.

    Leave a comment:


  • BronzeLady
    replied
    That is required for anyone who has been out of status since entry (except immediate relatives of USC....you are not an immediate relative you are the adult child of a USC). If you were out of status ONE DAY you would have to pay that.

    Leave a comment:


  • Mo
    replied
    BronzeLady

    I appreciate your input on my case.

    So, even if I was out of stats for more than I year - and then managed to get back in-status (with new I20), I wont be falling under the 3/10 year ban? I have no plans of leaving this country until after AOS.

    Also, what is the $1000 fine and Suppliment A for? is it for the 245i? I dont think that applies to me - since I came to the US June 2001 - 6 months too late when the act has been signed (Dec 20, 2000 - which required a physical presence at the time).

    My father is a USC, I am over 21 - my priority date is about to become current - and when it does - I will file I485 @ Boston District Office.

    As far as the AOS officers checking my status - under SEVIS - I am attending school with valid I20.... but as I mentioned above, will a one year of "over-stay" be forgiven?

    Leave a comment:


  • BronzeLady
    replied
    Did I ask you any privacy questions? All I asked you was the priority date. Don't be so jumpy. Worst case scenario is that an officer would ask you to file the Supplement A and pay the $1000 penalty fee. Just have the money ready just in case. ABOVE ALL: DO NOT LIE OR HIDE THE TRUTH!!!!! The fact that you were out of status for a brief period of time is a minor thing. Your lying about a material fact (and it IS a material fact) is not. Lying makes people wonder what else you may be lying about. Yes, there are systems the officers can check to find out if you stayed in status. CIS officers are not "approval jockeys" as some on this site would have you believe. They deny plenty and you are filing in Boston??? Don't give them the opportunity to deny your case on a technicality.

    Leave a comment:


  • Mo
    replied
    BronzeLady

    For privacy reasons - I can only tell you the month/year: November, 2000.

    They are currently processing OCT 22, 2000. So, it will become current with in couple of months at the latest - and I will file my I485 at Boston - waiting time for interview is about 6-8 months.

    Are potential problems ahead?

    Thanks

    Leave a comment:


  • BronzeLady
    replied
    What is the priority date on your I-130 (if not approved yet when was it filed)?

    Leave a comment:


  • Mo
    replied
    BronzeLady

    I would like to hear your opinion on this topic.

    Thanks

    Leave a comment:

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