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Date: November 9, 2009
Host: Andrew Wilson and Jill Apa View Transcript | Archive Index For All Legal Chats The questions around immigration may be simple -- "How can I stay in the U.S.?," "How can I employ these people?" but getting the answers and the documents can eat up time and money. Learn more about immigration law November 9th, 2 p.m. Eastern (1 Central, 11 Pacific).
ANDREW WILSON graduated from Ridley College in St. Catherines, Ontario, received his B.A. degree from the University of New Hampshire and his J.D. degree from the State University of New York at Buffalo School of Law. He authored "TNs for Computer Professionals Under NAFTA" for the American Immigration Lawyers Association's (AILA) Immigration Practice & Procedure Under The North American Free Trade Agreement, 2nd Edition. He has also authored articles for Computerworld and been interviewed by CBS MarketWatch on the subject of H-1B legislation. Mr. Wilson is a member of the New York State Bar, AILA, and he is listed in the Best Lawyers Consumer Guide for immigration law.
Attorney Wilson's firm web site is: http://srwlawyers.com/
JILL A. APA Jill A. Apa has been practicing immigration law on an exclusive basis since 2001. She was previously employed by the firm Serotte, Reich & Wilson and just recently joined the immigration practice group of Damon & Morey, LLP. In 1993, Ms. Apa graduated magna cum laude with a dual B.A. degree from the University of New Hampshire. She then obtained her J.D. degree, with distinction, from Ohio Northern University. Prior to commencing a career in immigration law, Ms. Apa worked as a staff attorney at the Third District Court of Appeals for the State of Ohio. She also worked as an adjunct instructor of legal research and writing at Ohio Northern University. Ms. Apa is licensed in Ohio and New York. She has written legal articles and revised treatise chapters on various immigration issues for national and local publications, including AILA, Lexis Matthew Bender, The Buffalo Law Journal and The Daily Record (Rochester, NY).
Attorney Apa's firm web site is:
http://damonmorey.com
Live Chat Transcript Cleveland Hopdges: "whAT CAN I DO ABOUT THE ISSUE THAT A STUDENT TRY TO STEAL MY WORK AND CALL IT THEIR WHAT CAN I DO"
josh jo: "I CAME IN US 1993 AND AFTER ONE MOTH VISA VALIDITY I WAS ILLEGAL FOR ABOUT 3 YEARS, 1996 RECEIVED A2 VISA WHICH IS DIPLOMATIC VISA , I HAD GONE 4 TIMES TO MY HOME COUNTRY ON THAT VISA NOW I AM NOT WORKING WITH A2 VISA ALTHOUGH IT IS VALID TILL 2012, GOING ON AP ON EB3 AOS WILL THEY FIND OR DENIY ENTRY TO US SINCE I STAYED ILLEGALLY ALTHOUGH I REENTER 4 TIMES WITH A2 VISA"
josh jo: "GG"
josh jo: "GGG"
josh jo: "HHOUGHGH GHH"
josh jo: "HJUJHKJHK"
josh jo: "I CAME TO US 1993 AND FOR 3 YEARS I WAS ILLEGAL AND GOT A2 VISA IN 96 WORKING WITH FORIEGN GOVERNMEN AND GONE HOME COUNTRY 4 TIMES NOW I AM NO LONGER WORKING WITH THIS VISA ALTHOUGH VISA VALID TILL 2011, NOW I AM GOING TO VISIT MY COUNTRY ON AP (EB3 THROUGH MY SPOUSE) WILL THEY DENIY MY REENTRY TO US SINCE I WAS ILLEGAL IN THE PAST, ALTHOUGH I TRAVELLED 4 TIMES OUT OF COUNTRY"
piedadh: "my permanent resident card expired, will I loose my status if I don't renew inmediately?"
jodhanb: "HI Andrew I came to the US in 1997 with a visitors visa and over stayed my wife now become citizen what should I do next"
Andrew MacDonald Wilson: "jodhanb: "HI Andrew I came to the US in 1997 with a visitors visa and over stayed my wife now become citizen what should I do next""
Andrew MacDonald Wilson: "Good afternoon jodhanb."
jodhanb: "good afternoon to you"
Andrew MacDonald Wilson: "jodhanb--What is your nationality?"
jodhanb: "from Guyana -Guyanese"
Andrew MacDonald Wilson: "jodhanb---When did your marriage take place? When did your wife become a U.S. citizen?"
jodhanb: "I married in Guyana 1994 both my wife and I came to the US the same time but her mom sponsor her and now she beame citizen 2009 we did not married legaly"
Andrew MacDonald Wilson: "Jodhanb---You were not legally married when your wife obtained her green card through her mother?"
jodhanb: "I should say we gt marrinf in the US by law on December 2004"
jodhanb: "Yes we got Married after she received her Green Card which is September of 2004"
jodhanb: "We got Married legally after she received her green card from her mother"
Andrew MacDonald Wilson: "jodhanb---You should be eligible obtain your green card from within the U.S. based on marriage to a U.S. citizen. It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen. You may pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen. This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765, I-131, I-864 affidavit of support, I-693 medical etc. Given your current overstay situation, this proces sshould be strated as soon as possible."
Andrew MacDonald Wilson: "jodhanb--Your case is not without issues because you are an overstay without status and you have worked without permission. You should still be eligible to obtain your green card from within the U.S. based on marriage to a U.S. citizen though as long as everything is properly prepared and filed. You want to move as quickly as you are able because if you were picked up/discovered now you could be placed into removal proceedings."
qble: "Hello"
qble: "A public school applied an I-20/F-1 visa for me to enter US in July 2007. My I-20 was expired on July 2008. My I-94 status is D/S. The school district terminated me on 10/2009. So I did attend the public school more than 2 years. A private school could not reinstate my I-20 visa because I overstayed more than 12 months. I am back to my country now. I will be 18 next month. Do I get 5 years ban for Student Visa Abusers rule? (The INA §214(l) bars F-1 student status and 212 (a)(6)(G))"
Andrew MacDonald Wilson: "jodhanb--For info on the process see: http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMar
riageToUSCitizen/tabid/173/Default.aspx"
Andrew MacDonald Wilson: "http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMa
rriageToUSCitizen/tabid/173/Default.aspx"
Andrew MacDonald Wilson: "qble--Good afternoon. Please aska question anytime."
Andrew MacDonald Wilson: "avisky--Good afternoon."
Denise, Community Director (Admin): "Hi Andrew -"
Andrew MacDonald Wilson: "avisky--Please ask a question anytime."
Denise, Community Director (Admin): "Jill reported an issue with login -"
Andrew MacDonald Wilson: "Hello Denise."
avisky: "Hi. I'm planning to go to my home country Argentina to renew my h1b stamp on my Argentinian passport since it has already expired. The extension of my second h1b is valid until April 2011. In the worst case scenario that for whatever reason I get denied and I cannot return to the US on my h1b, can I come back under the visa waiver program as a tourist to pack my things and bring them back with me? I also have Italian citizenship and I understand that the EU participates in the visa waiver program so I'm wondering if I can re-enter as a tourist to sell my car and pick up my personal belongings using my Italian passport. I ask because I know that there is never a guarantee of getting a visa abroad so I like to have plan B always. My biggest fear is getting stranded in Argentina and I have nothing there and all of my stuff is in the U.S."
qble: "your server is very slow. It took me 15 minutes to get here :)"
Denise, Community Director (Admin): "Qble - thanks for the feedback. I'll let IT know."
Denise, Community Director (Admin): "Hi Jill - glad to see you in the room. Will report the server issue to IT."
Jill Apa: "I'm sorry I was late everyone - I had some computer issues on my end. Good afternoon."
qble: "Hello, Do I have to post my question again?"
Andrew MacDonald Wilson: "qble---I do not see you question so please post again."
qble: "A public school applied an I-20/F-1 visa for me to enter US in July 2007. My I-20 was expired on July 2008. My I-94 status is D/S. The school district terminated me on 10/2009. So I did attend the public school more than 2 years. A private school could not reinstate my I-20 visa because I overstayed more than 12 months. I am back to my country now. I will be 18 next month. Do I get 5 years ban for Student Visa Abusers rule? (The INA §214(l) bars F-1 student status and 212 (a)(6)(G))"
Jill Apa: "avisky - Did you get an H-1B visa last time out of the same consulate for the same employer for the same position?"
Andrew MacDonald Wilson: "avisky---if your H-1B visa is denied, you should be able to make arangements to come back a s avisitor for a short period of time in order to pick up your belongings and make arrangements for everything."
qble: "I just post my questions, do you see it?"
avisky: "yes, my first visa was for the same employer and same position. The extension I have now is for the same employer."
avisky: "Andrew, the arrangements is something that we all get when we get denied or the arrangements would have to be made by me using the Italian passport to come back in?"
Jill Apa: "avisky - while I know it's important to have a back-up plan, there shouldn't be any issues if you've already received an H-1B for the same employer with no change in the job duties."
qble: "Hello Ms. Apa and Mr. Wilson, do you see my question at all? I just want to double check"
Andrew MacDonald Wilson: "qble--The new INA §214(l) bars F-1 student status for individuals seeking to attend public elementary school or a public adult education program. Entry to attend public secondary school is permitted but only if the aggregate period of F-1 status does not exceed one year and the alien reimburses the school for the costs of providing the education."
avisky: "I understand. The reason I ask is because my parents were deported back in 2005 and I was living with them. Even though my case is different, I just don't want the consulate to link what happened to my parents with me in any way and treated unfairly"
Andrew MacDonald Wilson: "qble---Under the new INA 212(a)(6)(G), an alien who obtains F-1 status and who violates INA §214(l) is excludable for a continuous period of 5 years after the date of the violation."
Andrew MacDonald Wilson: "qble--I do not know all of your facts, but it sounds like this could be an issue for you."
qble: "That is my situation. I started as a 10 grade and pay for the tuition. I continue the 11 grade and did not pay for tuition. I did not know aobut the law."
Jill Apa: "avisky - You would have to see if you would be eligible to use the Visa Waiver Program with the Italian passport. I have not researched the issue, but there may be limits on the use of the VWP if there has been a visa denial. Without researching it, I can't tell you whether any possible limitations apply due to the denial of any type of visa or just the denial of a visitor visa."
Andrew MacDonald Wilson: "jodhanb--Do you have any other questions?"
qble: "I came to the public school as 10 grade. The disctrict did not terminate me and I did not know that I had to transfer to a private school. So, I attended the publich school for another year. Do you think I will get 5 years bar?"
Andrew MacDonald Wilson: "qble--I would need to reserach this specific 5 year bar against your case beforte I answered whether it applied in your specific situation."
Jill Apa: "qble -the facts are a little unclear. You attended the public school for grade 10 and then the district allowed you to attend grade 11 without paying tuition? At what point did the district terminate your F-1 status?"
qble: "will you post your answer here?"
qble: "the school district terminate me just last month. I was in the middle of first semester of 12 grade"
qble: "I continued 11 grade and 1/2 semester of 12 grade at the public school and I did not pay for tuition. I did not mean not to pay for tuition. The disctrict did not bill me and I did not know that I had to transfer to a private school"
qble: "my I-20 is expired on July 2008"
Andrew MacDonald Wilson: "qble----That type of reserach is beyond the normal Q&A of thsi chat."
qble: "Mr. Wilson, what should I do?"
Jill Apa: "qble - we unfortunately can't provide you with a specific answer on your case. It's something that will require legal research and a detailed analysis of your case - that's something that you would have to consult an immigration attorney on through the consultation process."
qble: "ok, thanks :("
avisky: "I noticed the rate in which people are being naturalized ready is a lot faster. ARe there any major changes in the Immigration system happening that we don' tknow about to make this process faster and if so, anything on the employment based GC backlogs?"
Andrew MacDonald Wilson: "avisky--Natz processing is a little fatser these days. Specific tiem frame deopnd son the respective CIS office. the green card backlog problem really has not improved at all this fiscal year."
Jill Apa: "avisky - the immigration agency was sued a bunch of times for failing to process naturalization applications in a timely manner so that may have something to do with the overall speed with which they are now processing the applications. As far as the employment-based green cards go, the issue is all over the board. There are still tremendous backlogs in visa availability and the PERM labor certification system is getting slower and slower. We don't know of anything on the horizon that may make things better for professional people seeking U.S. green cards."
avisky: "hmm, very frustrating"
qble: "I know you already said it. But is there a time that you ca do a research and give an idea what I will face? :)"
Andrew MacDonald Wilson: "qble----Given your issue, you shoudl cointact an immigration attortney and arrange for a conulstation so that your specific issues may be revoewed and analyzed."
Jill Apa: "qble - we can't perform legal research for chat participants to be able to provide them with legal advice. We can only provide you with general information. You need to consult with an immigration attorney that you retain to help you sort through these specific issues."
avisky: "I must go. thank you again Jill and Andrew for your help."
qble: "ok, thanks!"
Andrew MacDonald Wilson: "jodhanb--Any other questions regarding your green card eligibility/paperwork?"
Jill Apa: "Mat - Our chat concludes at 3:00 p.m. EST. Please post any questions that you may have so we an try to answer them quickly. Otherwise, we will be back next week at 2:00 p.m. EST to answer more questions."
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