HOW WE ENDED UP IN DEPORTATION PROCEEDINGS

[kisschick1976 0]

This is the WRONG place to be making xenophobic comments like that.

I really hope she didn't come here for sympathy because we all here did things the hard way; research, paperwork and waiting. You would think a former soldier would know better about procedures and laws, how to find them and follow them ESPECIALLY for the country she and her family defend, but what do I know, I'm just a Hispanic.

[Saddle Bronc 124]

Read both articles and watch the youtube video before anybody jumps to conclusions.

I think Nancy may be guilty of irresponsibilty to her husband insofar as it relates to making certain his status was adjusted. I'm not certain her comments are racist - I think she might have been trying to make a point about how the system works and she did it badly.

Those of us who have actually been on temp visas know that the story doesn't work--as the visa type specified is simply WRONG!

[Saddle Bronc 124]

We are talking about an H1B here not some guy that came to pick Strawberries in Plant City. If one qualifies for an H1B one's gotta have the brains to figure out how to adjust status with the USCIS. It's bureaucratic, sure, but rocket science it is not.

Accurate enough.

[kim&james 0]

Im with the I cant beleive they let it go on this long lot..... The stupidity of some people amazes me!

/shakes head and walks away...

[rebeccajo 14]

Read both articles and watch the youtube video before anybody jumps to conclusions.

I think Nancy may be guilty of irresponsibilty to her husband insofar as it relates to making certain his status was adjusted. I'm not certain her comments are racist - I think she might have been trying to make a point about how the system works and she did it badly.

Those of us who have actually been on temp visas know that the story doesn't work--as the visa type specified is simply WRONG!

Help me out here. I want to understand. Seriously.

[KarenCee 3]

Where oh where is Nancy??????

[Killer_Clown_2009 0]

Maybe there is more to the story. Maybe he was for some reason ineligible to adjust status. Kind of hard to see why they would not have otherwise adjusted status. I guess there is a chance they were too broke to pay the fees, but in a situation like this most people can cough it up somehow.

If her husband was deportation orders in the past (as it sounds), he STILL coulda applied to adjust status and that'd quell it. For some reason they seemed to go "under the radar", rather than take care of it.

Seems there has to be a chunk of this story missing.

Edited December 24, 2006 by jane2005

[YuAndDan 153]

Those of us who have actually been on temp visas know that the story doesn't work--as the visa type specified is simply WRONG!

The correct visa type specfied should be P-1 which is used for "Individual or team athletes" P-1 holders can adjust status to permanent resident. Reporters, and the OP may confuse H1B visa with the P-1 visa, but we are splitting hairs here. The whole point is that they either filed the wrong papers, or were greatly miss-informed about the adjustment of status process, perhaps used a bad lawyer, or simply failed to research the process carefully. USCIS can be a big problem if all the "i"s are not dotted, and all the "t"s crossed.

More about P-1 can be found here:

http://foia.state.gov/masterdocs/09fam/0941056R.pdf

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1____

http://faq.visapro.com/P1-Visa-FAQ.asp

Edited December 24, 2006 by YuAndDan

[rebeccajo 14]

Dan, I was aware that there was a category for athletes just didn't know it. But when was that category begun? And how do we know if that's how he came over?

[Dr_LHA 3]

The correct visa type specfied should be P-1 which is used for "Individual or team athletes" P-1 holders can adjust status to permanent resident. Reporters, and the OP may confuse H1B visa with the P-1 visa, but we are splitting hairs here.

Athletes can have H-1B as well you know, so I'm not sure why you're assuming the OP is wrong about what visa they have. They probably know better than you.

From: http://www.usavisanow.com/usimmigrationh-1bvisainfo.htm

Athlete

* An H-1B is also an alien coming temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at a nationally or internationally recognized level of performance

* A U.S. employer or foreign employer may file the petition.

* The petition must be filed with:

* A copy of the contract with a major U.S. sports league or team or contract in an individual sport commensurate with national or international recognition in that sport.

* Copies of evidence of at least 2 of the following:

o Participation to a substantial extent in a prior season with a major U.S. sports league,

o Participation in international competition with a national team,

o Participation to a substantial extent in a prior season for a U.S. college or university in intercollegiate competition,

o A written statement from an official of a major U.S. sports league or an official of the governing body of the sport detailing how the alien or team is nationally or internationally recognized,

o A written statement from a member of the sports media or a recognized expert in the sport detailing how the alien or team is nationally or internationally recognized,

o The individual or team is ranked if the sport has national or international rankings, or

o The alien or team has received a significant honor or award in the sport.

Edited December 24, 2006 by dr_lha

[YuAndDan 153]

Dan, I was aware that there was a category for athletes just didn't know it. But when was that category begun? And how do we know if that's how he came over?

At least since 1991, way before he came to the country.

P ALIENS PERFORMING ENTERTAINERS AND ATHLETES

P status is defined under Section 101(a)(15)(P) of the Immigration and Nationality Act, as added by § 207(a) of IMMACT 90 modified by §§ 202, 203, 204, 206, and 207 of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (the 1991 Act).

Internationally known athletes, either individually or as a team, and entertainment groups are eligible for P-1 classification. Performing artists under a reciprocal exchange program may seek P-2 classification and P-3 aliens are culturally unique entertainers. All three P classifications include accompanying personnel. The P-4 category is for dependents of principal P aliens.

http://immlaw.com/p.html

Can be either H1b or P-1 visa, either way can adjust status in the same way.

Edited December 24, 2006 by YuAndDan

[Alex+R 0]

I thought that visa was for athletes who do not play on American teams, but are just passing through America.

[Dr_LHA 3]

Plus H1-b is for professional (science, management, technology) jobs--not sports/entertainment.

Wrong.

Here is the list of categories of people who can get H-1B:

Specialty Occupation (basically the science, management, technology that you mention)

Services of exceptional nature (another catch all)

Artist, Entertainer, Fashion Model of International Acclaim

Artist, Entertainer in Unique or Traditional Art Form

Athlete

H-1B Accompanying Support Personnel

[rebeccajo 14]

I thought that visa was for athletes who do not play on American teams, but are just passing through America.

Alex from what I'm reading they can stay up to five years with an extension to 10.

[Dr_LHA 3]

We are talking about an H1B here not some guy that came to pick Strawberries in Plant City. If one qualifies for an H1B one's gotta have the brains to figure out how to adjust status with the USCIS. It's bureaucratic, sure, but rocket science it is not.

Brains are not required for H-1B. He's an athlete, I'm sure team lawyers did everything for him. He was probably oblivious to the whole process. I know plenty of H-1B holders who really know nothing more about USCIS than your average man on the street, their employers handle it all for them.