Interview

[kinu4real 0]

Hello Everyone... I had my interview yesterday on a family based visa petition and just wanted to let everyone know that i appreciate this website but at the same time to tell people if you don't know anything about a question being asked by members please don't say anything at all rather than misleading people. I am saying this because i had asked questions about my issues( see below link) and everyone said you will not be approved cos u triggered a 10 yr ban for leaving the country but i did my own research where it says you can leave temporarily for family issues(Please read the below link to understand the full story) but i went and was approved with my wife. We were not even asked too much questions other than where did u marry, how many kids u have and that was it. Please Please Please people, if you don't know anything or you are not sure, stop giving people unnecessary fear and panic for nothing.

Thanks.

http://www.visajourney.com/forums/topic/287375-questions-about-245i-and-aos-interview/page__p__4385761__fromsearch__1#entry4385761

[aoifemc 2]

Thats true.. when we were initially filing and had sent away proof of relationship i had people telling me i should have sent instant messaging records etc and my head was fried! however, i do really appreciate VJ!

[DaveE 178]

Wait a minute. People come here and ask for advice based on other peoples experience and knowledge. Just because something did, or did not happen to you, does not make that advice or experience invalid.

My wife and I went fully prepared for our AOS interview, a ton of documents and photos. We were confident because of what we had read and learned here. The fact that OUR interviewer didn't look at any of our documents and only asked one question is irrelevant. MOST people get asked for lots of relationship proof. Just because we weren't doesn't make the advice to be prepared irrelevant.

This is great forum and we should appreciate it. You want a lawyer's advice, hire one?

Edited February 4, 2011 by DaveE

[kinu4real 0]

Wait a minute. People come here and ask for advice based on other peoples experience and knowledge. Just because something did, or did not happen to you, does not make that advice or experience invalid.

My wife and I went fully prepared for our AOS interview, a ton of documents and photos. We were confident because of what we had read and learned here. The fact that OUR interviewer didn't look at any of our documents and only asked one question is irrelevant. MOST people get asked for lots of relationship proof. Just because we weren't doesn't make the advice to be prepared irrelevant.

This is great forum and we should appreciate it. You want a lawyer's advice, hire one?

My reply to you Dave, read very well b4 you reply to any thread. I never said anything about other peoples experience or tried to discredit the advise people give on this website. All i said is that if you are not sure about a question being asked or don't know the answer or can't give any good advice based on past experience, please don't post or offer any advice. So pls read very well b4 jumping on any post.

[JimVaPhuong 4,863]

Hello Everyone... I had my interview yesterday on a family based visa petition and just wanted to let everyone know that i appreciate this website but at the same time to tell people if you don't know anything about a question being asked by members please don't say anything at all rather than misleading people. I am saying this because i had asked questions about my issues( see below link) and everyone said you will not be approved cos u triggered a 10 yr ban for leaving the country but i did my own research where it says you can leave temporarily for family issues(Please read the below link to understand the full story) but i went and was approved with my wife. We were not even asked too much questions other than where did u marry, how many kids u have and that was it. Please Please Please people, if you don't know anything or you are not sure, stop giving people unnecessary fear and panic for nothing.

Thanks.

http://www.visajourney.com/forums/topic/287375-questions-about-245i-and-aos-interview/page__p__4385761__fromsearch__1#entry4385761

I can quote the law that says you should have received a ban for leaving with so much accumulated overstay. Can you quote the source that says you can leave temporarily for family issues and return without triggering the ban? I want to know if there's something we missed, or if you managed to slip one past USCIS.

[kinu4real 0]

I can quote the law that says you should have received a ban for leaving with so much accumulated overstay. Can you quote the source that says you can leave temporarily for family issues and return without triggering the ban? I want to know if there's something we missed, or if you managed to slip one past USCIS.

I read on USCIS website under i-245. I did a research myself after my Lawyer told me about the temporary absence thing. So go to the website and read it as well. You said something about accumulated overstay and i wondered why people pay the fine of $1000 which i also saw on the website if you have an approvable petition. Your question shows you probably don't know anything about 1-245 which is for people with approvable petition who are trying to adjust status without leaving the US to interview at their country's consulate even though they have overstayed and are now illegal or not but were inspected into the country at port of entry and were present in the USA on or b4 12/21/2001. So go read the Law very well.

Edited February 4, 2011 by kinu4real

[JimVaPhuong 4,863]

I read on USCIS website under i-245. I did a research myself after my Lawyer told me about the temporary absence thing. So go to the website and read it as well. You said something about accumulated overstay and i wondered why people pay the fine of $1000 which i also saw on the website if you have an approvable petition. Your question shows you probably don't know anything about 1-245 which is for people with approvable petition who are trying to adjust status without leaving the US to interview at their country's consulate even though they have overstayed and are now illegal or not but were inspected into the country at port of entry and were present in the USA on or b4 12/21/2001. So go read the Law very well.

I've read the law. It's not "i-245" or "1-245". It's section 245(i) if the Immigration and Nationality Act. That section of the act doesn't say anything about temporary absences for family matters. It says someone who entered the US, legally or illegally, was physically present in the US in December of 2000, and had an immigrant visa petition filed on their behalf by April of 2001, is eligible to adjust status by paying a $1000 fine, in addition to the filing fees. Section 245(i), also called the LIFE Act, is an extension of Reagan's amnesty program. There are no provisions in the LIFE Act that I'm aware of that waive the penalties that are imposed when you leave the US with an accumulated overstay, as defined in section 212 of the INA. In fact, section 245(i)(2)(A) specifically says that an alien must be eligible and not inadmissible in order to qualify for adjustment of status.

Please quote the section of the law I'm missing.

[kinu4real 0]

I've read the law. It's not "i-245" or "1-245". It's section 245(i) if the Immigration and Nationality Act. That section of the act doesn't say anything about temporary absences for family matters. It says someone who entered the US, legally or illegally, was physically present in the US in December of 2000, and had an immigrant visa petition filed on their behalf by April of 2001, is eligible to adjust status by paying a $1000 fine, in addition to the filing fees. Section 245(i), also called the LIFE Act, is an extension of Reagan's amnesty program. There are no provisions in the LIFE Act that I'm aware of that waive the penalties that are imposed when you leave the US with an accumulated overstay, as defined in section 212 of the INA. In fact, section 245(i)(2)(A) specifically says that an alien must be eligible and not inadmissible in order to qualify for adjustment of status.

Please quote the section of the law I'm missing.

I just went to the website and i lifted this from the site under 245(i). I called it i-245 cos that's what i am used to and it's the same as far as i am concerned. Pls Check below especially part 3B. I am 100% sure i read somewhere on the website as well that specifically said innocent absences like family issues which can be interpreted differently based on the IO interviewing you so go make ur research very well. I will post the other places it mentioned brief/casual absences once i find them. I read it myself, my lawyer also showed me and other people did as well. The immigration officers are not dumb and would have refused if that was the case. I have read of people on this site that were rejected cos they did not qualify for the 245(1) cos they left for more than can be counted as brief or casual absence and moreover the IO that interviewed me has been with USCIS for over 10yrs so he must know what he was doing.

3) Continuous physical presence since enactment.-

(A) In general.-The alien must establish that the alien has been continuously physically present in the United States since the date of the enactment of this section.

(B) Treatment of brief, casual, and innocent absences.- An alien shall not be considered to have failed to maintained continuous physical presence in the United States for purposes of subparagraph (A) by virtue of brief, casual, and innocent absences from the United States.

© Admissions.-Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection.

(4) Admissible as immigrant.-The alien must establish that he-

(A) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2),

(B) has not been convicted of any felony or of three or more misdemeanors committed in the United States,

© has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion, and

[US_SL 2]

I read on USCIS website under i-245. I did a research myself after my Lawyer told me about the temporary absence thing. So go to the website and read it as well. You said something about accumulated overstay and i wondered why people pay the fine of $1000 which i also saw on the website if you have an approvable petition. Your question shows you probably don't know anything about 1-245 which is for people with approvable petition who are trying to adjust status without leaving the US to interview at their country's consulate even though they have overstayed and are now illegal or not but were inspected into the country at port of entry and were present in the USA on or b4 12/21/2001. So go read the Law very well.

I can confirm this i think. As i recall, this is how i got my work permit & later on my GC. Employement based petition. I remember i paid $1000 fine for being over stayed.

[JimVaPhuong 4,863]

I just went to the website and i lifted this from the site under 245(i). I called it i-245 cos that's what i am used to and it's the same as far as i am concerned. Pls Check below especially part 3B. I am 100% sure i read somewhere on the website as well that specifically said innocent absences like family issues which can be interpreted differently based on the IO interviewing you so go make ur research very well. I will post the other places it mentioned brief/casual absences once i find them. I read it myself, my lawyer also showed me and other people did as well. The immigration officers are not dumb and would have refused if that was the case. I have read of people on this site that were rejected cos they did not qualify for the 245(1) cos they left for more than can be counted as brief or casual absence and moreover the IO that interviewed me has been with USCIS for over 10yrs so he must know what he was doing.

3) Continuous physical presence since enactment.-

(A) In general.-The alien must establish that the alien has been continuously physically present in the United States since the date of the enactment of this section.

(B) Treatment of brief, casual, and innocent absences.- An alien shall not be considered to have failed to maintained continuous physical presence in the United States for purposes of subparagraph (A) by virtue of brief, casual, and innocent absences from the United States.

© Admissions.-Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection.

(4) Admissible as immigrant.-The alien must establish that he-

(A) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2),

(B) has not been convicted of any felony or of three or more misdemeanors committed in the United States,

© has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion, and

I'm not saying that a brief departure from the US made you ineligible for adjustment under 245(i). I'm saying that leaving the US should have triggered a ban. Nothing in 245(i) says that this isn't the case. Perhaps you can ask your attorney to explain why there is an exception, and you can then share it with us as it would be immensely useful when advising people in the future. It would be helpful if he could cite the specific section of the law so that we can read and understand it.

None of us are immigration lawyers, and I'll readily admit when I'm wrong. There are many narrow exceptions in the law, and none of us (including me) know all of them.

[kinu4real 0]

I'm not saying that a brief departure from the US made you ineligible for adjustment under 245(i). I'm saying that leaving the US should have triggered a ban. Nothing in 245(i) says that this isn't the case. Perhaps you can ask your attorney to explain why there is an exception, and you can then share it with us as it would be immensely useful when advising people in the future. It would be helpful if he could cite the specific section of the law so that we can read and understand it.

None of us are immigration lawyers, and I'll readily admit when I'm wrong. There are many narrow exceptions in the law, and none of us (including me) know all of them.

Maybe i don't understand English anymore.... What do u mean by leaving the US should have triggered the ban? Is leaving not the same as brief/casual physical absence from the USA. I left US for some weeks and came back but did not trigger the ban cos it fell under casual/brief absence for Family issues since i went for my Marriage. My 1st post from the beginning is just to appeal to people giving advise to make sure they are talking from experience or a known fact and not just to give people like me unnecessary fear cos of bad advise. I am not trying to tell you anything b4 u jumped on my post and started quoting what u don't know or aren't sure of.

[Penny Lane 8,159]

I think you're coming off as quite rude, kinu4real. Nobody's jumped on your post, people are simply asking for clarification on what happened in your case so that in the future, they can AVOID giving false or misleading information to people.

[kinu4real 0]

I think you're coming off as quite rude, kinu4real. Nobody's jumped on your post, people are simply asking for clarification on what happened in your case so that in the future, they can AVOID giving false or misleading information to people.

I am not being rude in anyway. I get frustrated when people try to tell you something they know little or nothing about without checking facts.If you read my posts very well i said i am appealing to people to not say anything if they don't have experiences or know for a fact what they are advising people on. Read his post and you will see where he said he can quote a law as if he was sure and i was lying so that's why i said people should read very well b4 jumping on any posts and if he wanted to know more he could have just asked the facts and details about my case even though i had attached a previous thread to make people understand what this is all about.

[Channah&Aaron 51]

I think you're coming off as quite rude, kinu4real. Nobody's jumped on your post, people are simply asking for clarification on what happened in your case so that in the future, they can AVOID giving false or misleading information to people.

[arwen 8]

I am not being rude in anyway. I get frustrated when people try to tell you something they know little or nothing about without checking facts.If you read my posts very well i said i am appealing to people to not say anything if they don't have experiences or know for a fact what they are advising people on. Read his post and you will see where he said he can quote a law as if he was sure and i was lying so that's why i said people should read very well b4 jumping on any posts and if he wanted to know more he could have just asked the facts and details about my case even though i had attached a previous thread to make people understand what this is all about.

Well,obviously your frustration becomes rudeness then! Jim has contributed an enormous amount of good, useful information to this website FREE of charge and in his own FREE time. You are the one who is jumping on posts now! If you are not satisfied with the information here-look elsewhere! Sometimes mistakes are made. Like Jim said, we are not lawyers. Everybody contributes what they can to make this website what it is and if you are more informed on a certain matter-share it by all means, but in a non criticizing manner!