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| Hello, I'm tiredofjerks
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My nationality is Saint Kitts & Nevis
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I last logged in on 17 Nov 2008
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I have been a member since 14 Feb 2008
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| I have added
231 posts in trackitt forums
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I added my last post on 17 Nov 2008
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Topic: Lawyer's fee agreement
as a shoplifter, you are used to "get it now, pay for it later, or never".Criminal lawyers get money in front, independent of the case outcome, and that sum is nothing to die for , or what is the same, lose the name for it. You need him, trust him. |
Topic: Cost of living in India?
to be on the safe side just make 100K per month(1.200.000 yearly??), is enough from Calcuta to Nepal...what are you talking about?? |
Topic: Past Employment Verification letter
mmmhh, it seems to be a fake certification to uscis eyes:old, company no longer exists, before rfe happen try to get all your pay stubs from that company |
Topic: after GC. Please help me with this.
Your I140 was for future employment, so if they change your title to XYZ is fine, and it has to be changed in your 2008 tax return too; if they cannot pay the prevailing wage mentioned on the LC, it's not a problem in terms of GC, already adjudicated. They can invoke financial reasons, very understandable in this economy now, and that's more than enough good excuse to move from there. |
Topic: How long can we stay out of US on green card?
what a drama!!what a thread!! read this , get a therapist, a divorce lawyer...and let your husband know about Murthy.
. Marriage-Based Applicant Eligible for I-485 Approval Even after Divorce
On August 12, 2008, in Choin v. Mukasey, the U.S. Court of Appeals for the Ninth Circuit ordered the Board of Immigration Appeals (BIA) to consider Yelena Choin’s Form I-485 Application for Adjustment of Status based upon marriage, even though she was no longer married to her U.S.-citizen husband. Generally, a foreign national spouse who is filing for permanent residence based upon marriage to a U.S. citizen must still be married at the time of the green card approval. The Court found an exception to this for spouses who enter the U.S. on the K-1 fiancé/e visa. This interpretation is limited to a K-1 fiancé/e of a U.S. citizen. There is a specific section of law that addresses the adjustment of status of K-1s and it is the wording of that section that led to the conclusion reached by the Court.
History of the Case and Decision Approving I-485
The Choin case involved a woman who originally entered the United States lawfully on a K-1 fiancée visa and married her U.S. citizen sponsor. As readers of MurthyDotCom and the MurthyBulletin may recall from our Overview: K Visas for Fiancé/es and Spouses of USCs, the law provides that a foreign national engaged to a U.S. citizen can enter the United States in K-1 status for 90 days, within which time the couple is to marry. Based on that marriage, the foreign national spouse is eligible to file the I-485 to become a lawful permanent resident (LPR), commonly referred to as a green card holder. This is exactly what occurred in this case.
However, before the I-485 was acted upon, Ms. Choin and her husband divorced. The divorce occurred on April 9, 2001. The USCIS denied the adjustment or I-485 on August 27, 2001 because of the divorce. Thereafter, Ms. Choin was placed in removal (formerly deportation) proceedings. Ms. Choin fought the effort to remove her from the U.S., first appealing the decision of the Immigration Judge (IJ) to the Board of Immigration Appeals (BIA) and ultimately filing an appeal with the Ninth Circuit Court of Appeals. On August 12, 2008, the Court ruled for her and ordered the BIA to process her I-485 consistent with their interpretation of the law, allowing her to become a Conditional LPR, valid for two years, notwithstanding the divorce.
Court's Opinion Requiring I-485 Approval based on 245(d) of INA
The Court’s opinion was based on the language and interpretation of Section 245(d) of the Immigration and Nationality Act (INA). This section specifies that a foreign national who enters the U.S. in K-1 status can only adjust to conditional LPR status (and not regular LPR status) by filing an I-485 application based on marriage to the U.S.-citizen sponsor of the K-1. Conditional LPR status is valid for two years, unless the conditions are removed based upon the filing of an application to remove the conditions. (In employment-based cases, spouses receive regular, not conditional, permanent resident status, regardless of the duration of the marriage.)
The Court explained that Congress passed the law regarding conditional permanent resident status in order to discourage and prevent marriage fraud. Congress created a special requirement that a Conditional LPR file an Application to Remove the Conditions (I-751) within set timeframes. The law allows a Conditional LPR to file the I-751 without the U.S. citizen, if divorced, based upon proof that the marriage was entered into in good faith. The Court found this exception to the I-751 joint filing requirement as allowing its generous reading of Section 245(d) when the same standard could also be applied to the initial stage of filing the I-485 application. It ruled that Ms. Choin is still eligible for approval of her I-485 and ordered the BIA to process her case consistently with its ruling.
Conclusion : LPR/GC Approval for One Entering as Fiancé/e
The Court’s opinion in Choin v. Mukasey reflects the important lessons that an agency decision can be overturned by a higher court and that challenging a negative decision can result in a favorable ruling. However, one of the reasons that the Federal Court was able to use its interpretation of the law is that the BIA decision was not particularly detailed and, thus, it was not given deference that might otherwise have been given to a lower court's interpretation of the law. Generally, under immigration law, it is risky for a person to assume that s/he can obtain any immigration benefit based upon a family relationship, if the family relationship no longer exists. We at the Murthy Law Firm again want to emphasize that this decision was limited to a K-1 fiancé/e-based adjustment of status, which is controlled by a different subsection of the law from other types of adjustment of status in family- or employment-based cases.
Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
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Topic: White Americans will not be majority by 2042
dear hater, Spain didn't dominate any country, they killed millions of natives never dominated. Grab a book other that the coran, and stop your idiot fundamentalism ,here we can see your beliefs and your love for people:"You are definitely a moron. How come you are calling my Pakistani brethren as 'Paki'? You probably don't know that 'Paki' is a derogatory term that idiots like you use for Pakistani people.
And don't doubt my religion. I am a faithful Muslim, unlike you. You are an agnostic, a kafir, not a Muslim at all, and to top all that an unfaithful. |
Topic: White Americans will not be majority by 2042
after a long reading of this racist thread, I have a doubt...what colour is indians skin? it looks like you are carrying the complex of centuries of domination,slavery and starvation; it's called michael Jackson's syndrome |
Topic: Mailing the Green Card - Is it Legal?
isaac, isaac,,...always sneaky, looking to piss someone off, why you don't start looking for a job instead of evacuate your chronic mental illness and living at women's expense? BTW, you did a good job, I quit working as a teacher! |
Topic: Posting in your native language
look like a lot of supposedly educated immigrants enjoy taking stupidity to the limits, never stop... open other forum or you can go to "lets talk about lovely India". Nobody cares where are you from, we are here for immigration worries , in english. |
Topic: EAD - What kind of Work is NOT allowed?
Job under H1 doesn't necessarily have to match the job description approved in the Labor, that's for future employment; so while 485 is pending yoy can do any job under EAD, voiding the H1B
my 2 cents |
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