Adjustment of status from B1/2 to R1
Feb 17th 2014, 10:31 am
#31
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Re: Adjustment of status from B1/2 to R1
Another interesting case is Soltane.
Note that this was written by Supreme Court Justice Alito before he was appointed to the Supreme Court. I found the statements on burden of proof because Justice Alito adopted an interpretation I had been asserting for years. [When that case came out, a good friend in Dallas called me laughing "You know that argument that you have been advancing with no success?" She then referred me to Soltane.].
Note that this was written by Supreme Court Justice Alito before he was appointed to the Supreme Court. I found the statements on burden of proof because Justice Alito adopted an interpretation I had been asserting for years. [When that case came out, a good friend in Dallas called me laughing "You know that argument that you have been advancing with no success?" She then referred me to Soltane.].
sam
Feb 17th 2014, 1:40 pm
#32
Account Closed
Joined: Mar 2004
Posts: 2
Re: Adjustment of status from B1/2 to R1
He may be a Lawyer.
He is not your Lawyer, or your prospective Employer's Lawyer.
He is not your Lawyer, or your prospective Employer's Lawyer.
Feb 20th 2014, 5:48 am
#34
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Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: Adjustment of status from B1/2 to R1
I remember talking to someone from Cardston who had R-1, he didn't have a visa, not sure when he originally got it but I'd say it was less than a few years ago.
Or do you mean they have to file an I-129 first? Okay yes I think they did that.
Last edited by Steve_; Feb 20th 2014 at 6:03 am.
Feb 20th 2014, 5:53 am
#35
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Re: Adjustment of status from B1/2 to R1
This is interesting. I am also part of a spiritual organization and would like to apply for B2. What sort of documents do one need to provide?
I would be thankful for for advice. And for R1, what docs do one need to provide? The organization has a status as non profit/ religious situation. Thanks so much.
I would be thankful for for advice. And for R1, what docs do one need to provide? The organization has a status as non profit/ religious situation. Thanks so much.
Feb 20th 2014, 5:56 am
#36
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Re: Adjustment of status from B1/2 to R1
How does this missionary exemption work, that was one of the arguments used against SB1070 in court, i.e. there is an exemption for missionaries but they can work so they could enter Arizona and have no immigration documentation on them to check.
Feb 20th 2014, 5:59 am
#37
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Re: Adjustment of status from B1/2 to R1
Thank-you, this is a good way to look at it. In this case the organization is the default and my income a safety net. So yes room and board would be one to emphasis. However, if I was to become a permanent resident under an R1 I think the tax rules kick in for me to pay tax in the States rather than the UK. Do you know if this is correct?
Read this.
Feb 20th 2014, 9:24 am
#38
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Adjustment of status from B1/2 to R1
News to me: http://canada.usembassy.gov/visas/in...ing-visas.html
I remember talking to someone from Cardston who had R-1, he didn't have a visa, not sure when he originally got it but I'd say it was less than a few years ago.
Or do you mean they have to file an I-129 first? Okay yes I think they did that.
I remember talking to someone from Cardston who had R-1, he didn't have a visa, not sure when he originally got it but I'd say it was less than a few years ago.
Or do you mean they have to file an I-129 first? Okay yes I think they did that.
Feb 20th 2014, 10:32 am
#39
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Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: Adjustment of status from B1/2 to R1
(b) Visitors—
(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work does not involve the selling of articles or the solicitation or acceptance of donations. Those B-1 and B-2 visitors admitted pursuant to the waiver provided at § 212.1(e) of this chapter may be admitted to and stay on Guam for period not to exceed fifteen days and are not eligible for extensions of stay.
(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work does not involve the selling of articles or the solicitation or acceptance of donations. Those B-1 and B-2 visitors admitted pursuant to the waiver provided at § 212.1(e) of this chapter may be admitted to and stay on Guam for period not to exceed fifteen days and are not eligible for extensions of stay.
So what does that mean exactly, "missionary work" because it was used as an argument for a facial challenge to SB1070, i.e. a person could enter and have no visa, (presumably by being either Canadian or having an extension granted after their visa expired) and also work, albeit only missionary work, therefore there is no documentation to show a police officer. Thus due process is violated.
Feb 20th 2014, 1:48 pm
#40
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Adjustment of status from B1/2 to R1
I suspect there are very few missionaries who remain long term by getting extensions.
A person with the approved extension would have an I-797 with an I-94 on it. There is anecdotal evidence that a Canadian B1 or B2 would need to extend status to stay over a year as the max period of initial admission for the B1 or B2 classification is one year even if the arrival was not documented. They may not be removable as an overstay or accrue unlawful presence unless admitted to a specific date, but may potentially be removable for failure to comply per 237(a)(1)(C).
Interestingly enough is that with the phasing out of the I-94 at airports, I suspect a lot of Canadians visitors are being admitted to a specific date with the passport stamp that didn't used to be. I'm curious if a Canadian visitor admitted by air could pull up an electronic I-94 from the web site.
A person with the approved extension would have an I-797 with an I-94 on it. There is anecdotal evidence that a Canadian B1 or B2 would need to extend status to stay over a year as the max period of initial admission for the B1 or B2 classification is one year even if the arrival was not documented. They may not be removable as an overstay or accrue unlawful presence unless admitted to a specific date, but may potentially be removable for failure to comply per 237(a)(1)(C).
Interestingly enough is that with the phasing out of the I-94 at airports, I suspect a lot of Canadians visitors are being admitted to a specific date with the passport stamp that didn't used to be. I'm curious if a Canadian visitor admitted by air could pull up an electronic I-94 from the web site.
Feb 21st 2014, 5:38 am
#41
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Re: Adjustment of status from B1/2 to R1
They just swipe it and hand it back to you. Definitely not stamped and no I-94, electronic or otherwise. Can't even see how the electronic I-94 thing could work with a NEXUS card either. There's no field to enter the information. Odd, because you can be issued an I-94 with just a NEXUS card. Hmm, I wonder how that works.
IATA rules require you to show a passport at check-in, but CBP never look at them at pre-clearance if you have a NEXUS card.
I know if you're granted some other non-immigrant status at the POE you then have to go to the NEXUS office before your next entry so they can update the record, I was told when I got mine you would present the I-94... but would you have one. Good question, I shall ask.
IATA rules require you to show a passport at check-in, but CBP never look at them at pre-clearance if you have a NEXUS card.
I know if you're granted some other non-immigrant status at the POE you then have to go to the NEXUS office before your next entry so they can update the record, I was told when I got mine you would present the I-94... but would you have one. Good question, I shall ask.
Feb 21st 2014, 9:57 am
#42
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: Adjustment of status from B1/2 to R1
Oh why did I ask.
Basically, you have to print off the I-94 from the electronic I-94 website and present it at the NEXUS office... problem is that the electronic I-94 website doesn't accept NEXUS information. So... the other option is to present your passport as the NEXUS office... but what if you entered purely with a NEXUS card?
Dunno, I think the only option is to get CBP to do a paper one.
Edit: got hold of someone at CBP who said in this situation they have to issue a paper I-94, this is standard procedure if you enter without a passport. So then you have to take that to the NEXUS office. Wow. So automated...
Basically, you have to print off the I-94 from the electronic I-94 website and present it at the NEXUS office... problem is that the electronic I-94 website doesn't accept NEXUS information. So... the other option is to present your passport as the NEXUS office... but what if you entered purely with a NEXUS card?
Dunno, I think the only option is to get CBP to do a paper one.
Edit: got hold of someone at CBP who said in this situation they have to issue a paper I-94, this is standard procedure if you enter without a passport. So then you have to take that to the NEXUS office. Wow. So automated...
Last edited by Steve_; Feb 21st 2014 at 10:06 am.
Feb 23rd 2014, 6:33 am
#43
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Re: Adjustment of status from B1/2 to R1
You may be resident for tax purposes on R-1, depends on your length of stay, your intent, whether you claim a tax treaty exemption.
Read this.
Read this.
