Charges dropped, what now?
May 18th 2002, 8:20 am
#1
Guest
Posts: n/a
Charges dropped, what now?
Hi,
I was a graduate student on a F1 visa when I was charged with theft and prevented
from registering at school. My passport and visa were taken by the judge to ensure
that I stayed in the country to face trial.
I spent the next three years living with a relative awaiting the outcome of my case.
The case went very well and all charges were dropped. Furthermore, I found an
employer willing to get me a H1B. My problem now is that I don't have my passport.
The judge gave it to the INS on their advice.
How do I transition to a H1B now? Should I ask the INS for my passport, go back home
and apply for the H1B? Can such a request trigger deportation proceedings or some
other form of punishment?
I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay here
be considered legitimate because the judge forced me to stay?
Thanks, C
I was a graduate student on a F1 visa when I was charged with theft and prevented
from registering at school. My passport and visa were taken by the judge to ensure
that I stayed in the country to face trial.
I spent the next three years living with a relative awaiting the outcome of my case.
The case went very well and all charges were dropped. Furthermore, I found an
employer willing to get me a H1B. My problem now is that I don't have my passport.
The judge gave it to the INS on their advice.
How do I transition to a H1B now? Should I ask the INS for my passport, go back home
and apply for the H1B? Can such a request trigger deportation proceedings or some
other form of punishment?
I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay here
be considered legitimate because the judge forced me to stay?
Thanks, C
May 20th 2002, 11:20 pm
#2
Guest
Posts: n/a
Re: Charges dropped, what now?
The first thing would be to have the employer hire a competent immigration attorney.
That attorney should handle all the questions you asked.
The reason INS asked for the passport was probably to ensure that they would be able
to deport you if it came to that. Since INS is so disorganized, chances are that they
lost your passport. The only person who may be able to help you get it back is a
Congressperson for the district where you reside.
As for what status you were in, I have to admit I'm stumped. Since a judge ordered
you to remain in the US, it clearly was not unlawful. Yet it also was not F-1 because
that ended when you dropped out of school. My guess is that it would be some kind of
"special" status, but you'd need an expert to find out for sure.
Ingo
On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
>Hi,
>
>I was a graduate student on a F1 visa when I was charged with theft and prevented
>from registering at school. My passport and visa were taken by the judge to ensure
>that I stayed in the country to face trial.
>
>I spent the next three years living with a relative awaiting the outcome of my case.
>The case went very well and all charges were dropped. Furthermore, I found an
>employer willing to get me a H1B. My problem now is that I don't have my passport.
>The judge gave it to the INS on their advice.
>
>How do I transition to a H1B now? Should I ask the INS for my passport, go back home
>and apply for the H1B? Can such a request trigger deportation proceedings or some
>other form of punishment?
>
>I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay here
>be considered legitimate because the judge forced me to stay?
>
>Thanks, C
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
That attorney should handle all the questions you asked.
The reason INS asked for the passport was probably to ensure that they would be able
to deport you if it came to that. Since INS is so disorganized, chances are that they
lost your passport. The only person who may be able to help you get it back is a
Congressperson for the district where you reside.
As for what status you were in, I have to admit I'm stumped. Since a judge ordered
you to remain in the US, it clearly was not unlawful. Yet it also was not F-1 because
that ended when you dropped out of school. My guess is that it would be some kind of
"special" status, but you'd need an expert to find out for sure.
Ingo
On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
>Hi,
>
>I was a graduate student on a F1 visa when I was charged with theft and prevented
>from registering at school. My passport and visa were taken by the judge to ensure
>that I stayed in the country to face trial.
>
>I spent the next three years living with a relative awaiting the outcome of my case.
>The case went very well and all charges were dropped. Furthermore, I found an
>employer willing to get me a H1B. My problem now is that I don't have my passport.
>The judge gave it to the INS on their advice.
>
>How do I transition to a H1B now? Should I ask the INS for my passport, go back home
>and apply for the H1B? Can such a request trigger deportation proceedings or some
>other form of punishment?
>
>I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay here
>be considered legitimate because the judge forced me to stay?
>
>Thanks, C
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
May 24th 2002, 3:20 pm
#3
Guest
Posts: n/a
Re: Charges dropped, what now?
[email protected] (Ingo Pakleppa) wrote in message
news:<[email protected]>...
> The first thing would be to have the employer hire a competent immigration
> attorney. That attorney should handle all the questions you asked.
>
> The reason INS asked for the passport was probably to ensure that they would be
> able to deport you if it came to that. Since INS is so disorganized, chances are
> that they lost your passport. The only person who may be able to help you get it
> back is a Congressperson for the district where you reside.
>
> As for what status you were in, I have to admit I'm stumped. Since a judge ordered
> you to remain in the US, it clearly was not unlawful. Yet it also was not F-1
> because that ended when you dropped out of school. My guess is that it would be
> some kind of "special" status, but you'd need an expert to find out for sure.
>
> Ingo
>
> On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
>
> >Hi,
> >
> >I was a graduate student on a F1 visa when I was charged with theft and prevented
> >from registering at school. My passport and visa were taken by the judge to ensure
> >that I stayed in the country to face trial.
> >
> >I spent the next three years living with a relative awaiting the outcome of my
> >case. The case went very well and all charges were dropped. Furthermore, I found
> >an employer willing to get me a H1B. My problem now is that I don't have my
> >passport. The judge gave it to the INS on their advice.
> >
> >How do I transition to a H1B now? Should I ask the INS for my passport, go back
> >home and apply for the H1B? Can such a request trigger deportation proceedings or
> >some other form of punishment?
> >
> >I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay
> >here be considered legitimate because the judge forced me to stay?
> >
> >Thanks, C
>
Ingo,
Since I have a D/S I-94, am I not on F1 status? The INS has my passport, and *might*
have been informed that I have dropped out of school, but they haven't advised me
that my F1 status has lapsed. Isn't that necessary for the status to formally
terminate?
Thanks, C
news:<[email protected]>...
> The first thing would be to have the employer hire a competent immigration
> attorney. That attorney should handle all the questions you asked.
>
> The reason INS asked for the passport was probably to ensure that they would be
> able to deport you if it came to that. Since INS is so disorganized, chances are
> that they lost your passport. The only person who may be able to help you get it
> back is a Congressperson for the district where you reside.
>
> As for what status you were in, I have to admit I'm stumped. Since a judge ordered
> you to remain in the US, it clearly was not unlawful. Yet it also was not F-1
> because that ended when you dropped out of school. My guess is that it would be
> some kind of "special" status, but you'd need an expert to find out for sure.
>
> Ingo
>
> On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
>
> >Hi,
> >
> >I was a graduate student on a F1 visa when I was charged with theft and prevented
> >from registering at school. My passport and visa were taken by the judge to ensure
> >that I stayed in the country to face trial.
> >
> >I spent the next three years living with a relative awaiting the outcome of my
> >case. The case went very well and all charges were dropped. Furthermore, I found
> >an employer willing to get me a H1B. My problem now is that I don't have my
> >passport. The judge gave it to the INS on their advice.
> >
> >How do I transition to a H1B now? Should I ask the INS for my passport, go back
> >home and apply for the H1B? Can such a request trigger deportation proceedings or
> >some other form of punishment?
> >
> >I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay
> >here be considered legitimate because the judge forced me to stay?
> >
> >Thanks, C
>
Ingo,
Since I have a D/S I-94, am I not on F1 status? The INS has my passport, and *might*
have been informed that I have dropped out of school, but they haven't advised me
that my F1 status has lapsed. Isn't that necessary for the status to formally
terminate?
Thanks, C
May 24th 2002, 6:20 pm
#4
Guest
Posts: n/a
Re: Charges dropped, what now?
On 24 May 2002 18:52:21 -0700, [email protected] (Carl Vernoy) wrote:
>[email protected] (Ingo Pakleppa) wrote in message
>news:<[email protected]>...
>> The first thing would be to have the employer hire a competent immigration
>> attorney. That attorney should handle all the questions you asked.
>>
>> The reason INS asked for the passport was probably to ensure that they would be
>> able to deport you if it came to that. Since INS is so disorganized, chances are
>> that they lost your passport. The only person who may be able to help you get it
>> back is a Congressperson for the district where you reside.
>>
>> As for what status you were in, I have to admit I'm stumped. Since a judge ordered
>> you to remain in the US, it clearly was not unlawful. Yet it also was not F-1
>> because that ended when you dropped out of school. My guess is that it would be
>> some kind of "special" status, but you'd need an expert to find out for sure.
>>
>> Ingo
>>
>> On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
>>
>> >Hi,
>> >
>> >I was a graduate student on a F1 visa when I was charged with theft and prevented
>> >from registering at school. My passport and visa were taken by the judge to
>> >ensure that I stayed in the country to face trial.
>> >
>> >I spent the next three years living with a relative awaiting the outcome of my
>> >case. The case went very well and all charges were dropped. Furthermore, I found
>> >an employer willing to get me a H1B. My problem now is that I don't have my
>> >passport. The judge gave it to the INS on their advice.
>> >
>> >How do I transition to a H1B now? Should I ask the INS for my passport, go back
>> >home and apply for the H1B? Can such a request trigger deportation proceedings or
>> >some other form of punishment?
>> >
>> >I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay
>> >here be considered legitimate because the judge forced me to stay?
>> >
>> >Thanks, C
>>
>
>Ingo,
>
>Since I have a D/S I-94, am I not on F1 status? The INS has my passport, and *might*
>have been informed that I have dropped out of school, but they haven't advised me
>that my F1 status has lapsed. Isn't that necessary for the status to formally
>terminate?
No, it is not. Your status formally terminates as soon as you stop engaging in the
activity that the status was based on.
What you are referring to does exist in a somewhat different context. You may be out
of status (or maybe not, given your circumstances - I really don't know), but you are
not unlawfully present. That indeed starts only when INS or an immigration judge
*informs* you that you are no longer in status. This is also the day that the 180
days for the three-year ban start counting, but you would already be out of status
earlier than that.
Complicated, hu?
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
>[email protected] (Ingo Pakleppa) wrote in message
>news:<[email protected]>...
>> The first thing would be to have the employer hire a competent immigration
>> attorney. That attorney should handle all the questions you asked.
>>
>> The reason INS asked for the passport was probably to ensure that they would be
>> able to deport you if it came to that. Since INS is so disorganized, chances are
>> that they lost your passport. The only person who may be able to help you get it
>> back is a Congressperson for the district where you reside.
>>
>> As for what status you were in, I have to admit I'm stumped. Since a judge ordered
>> you to remain in the US, it clearly was not unlawful. Yet it also was not F-1
>> because that ended when you dropped out of school. My guess is that it would be
>> some kind of "special" status, but you'd need an expert to find out for sure.
>>
>> Ingo
>>
>> On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
>>
>> >Hi,
>> >
>> >I was a graduate student on a F1 visa when I was charged with theft and prevented
>> >from registering at school. My passport and visa were taken by the judge to
>> >ensure that I stayed in the country to face trial.
>> >
>> >I spent the next three years living with a relative awaiting the outcome of my
>> >case. The case went very well and all charges were dropped. Furthermore, I found
>> >an employer willing to get me a H1B. My problem now is that I don't have my
>> >passport. The judge gave it to the INS on their advice.
>> >
>> >How do I transition to a H1B now? Should I ask the INS for my passport, go back
>> >home and apply for the H1B? Can such a request trigger deportation proceedings or
>> >some other form of punishment?
>> >
>> >I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay
>> >here be considered legitimate because the judge forced me to stay?
>> >
>> >Thanks, C
>>
>
>Ingo,
>
>Since I have a D/S I-94, am I not on F1 status? The INS has my passport, and *might*
>have been informed that I have dropped out of school, but they haven't advised me
>that my F1 status has lapsed. Isn't that necessary for the status to formally
>terminate?
No, it is not. Your status formally terminates as soon as you stop engaging in the
activity that the status was based on.
What you are referring to does exist in a somewhat different context. You may be out
of status (or maybe not, given your circumstances - I really don't know), but you are
not unlawfully present. That indeed starts only when INS or an immigration judge
*informs* you that you are no longer in status. This is also the day that the 180
days for the three-year ban start counting, but you would already be out of status
earlier than that.
Complicated, hu?
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
May 25th 2002, 7:00 am
#5
Guest
Posts: n/a
Re: Charges dropped, what now?
[email protected] (Carl Vernoy) wrote:
>I was a graduate student on a F1 visa when I was charged with theft and prevented
>from registering at school. My passport and visa were taken by the judge to ensure
>that I stayed in the country to face trial.
I thought only H-1 people came here to steal (jobs).
There was another visa holder (H-1) who posted some time back that he was charged
with DUI, and his employer supposedly sent him back to India before the courts here
could punish him. Since he escaped punishment in the U.S., he wanted to know how he
could come back to the U.S. on a H-1. Can you believe this guy?
I hope you F-1 guys don't follow the bad examples set by some of these H-1 guys.
>I was a graduate student on a F1 visa when I was charged with theft and prevented
>from registering at school. My passport and visa were taken by the judge to ensure
>that I stayed in the country to face trial.
I thought only H-1 people came here to steal (jobs).
There was another visa holder (H-1) who posted some time back that he was charged
with DUI, and his employer supposedly sent him back to India before the courts here
could punish him. Since he escaped punishment in the U.S., he wanted to know how he
could come back to the U.S. on a H-1. Can you believe this guy?
I hope you F-1 guys don't follow the bad examples set by some of these H-1 guys.
May 27th 2002, 10:07 pm
#6
Guest
Posts: n/a
Re: Charges dropped, what now?
On 25 May 2002 19:00:05 GMT, [email protected] (Visa Bud) wrote:
>[email protected] (Carl Vernoy) wrote:
>>I was a graduate student on a F1 visa when I was charged with theft and prevented
>>from registering at school. My passport and visa were taken by the judge to ensure
>>that I stayed in the country to face trial.
>I thought only H-1 people came here to steal (jobs).
>There was another visa holder (H-1) who posted some time back that he was charged
>with DUI, and his employer supposedly sent him back to India before the courts here
>could punish him. Since he escaped punishment in the U.S., he wanted to know how he
>could come back to the U.S. on a H-1. Can you believe this guy?
>I hope you F-1 guys don't follow the bad examples set by some of these H-1 guys.
Remember that according to the original post, he was cleared of all charges and
should be put in the same position as any other innocent who has never been accused
of a crime.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: ht-
tp://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
[url="http://travel.state.gov/i864gen.html"]http://travel.state.gov/i864gen.html[/ur-
l] and http://travel.state.gov/check-
list.html
For information on entering the US as a K-1:
http://www.k1poelist.com/
For poverty levels, see http:-
//aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com
http://www.shusterman.com
http://www.immigration.com
http://members.aol.com/MDUdall
http://www.murthy.com/
http://www.richw.org/dualcit/ (dual
citizenship FAQ) http://www.ilw.com
http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and
fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http:/-
/www.mindspring.com/~docsteen/visainfo/visainfo.htm
http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
>[email protected] (Carl Vernoy) wrote:
>>I was a graduate student on a F1 visa when I was charged with theft and prevented
>>from registering at school. My passport and visa were taken by the judge to ensure
>>that I stayed in the country to face trial.
>I thought only H-1 people came here to steal (jobs).
>There was another visa holder (H-1) who posted some time back that he was charged
>with DUI, and his employer supposedly sent him back to India before the courts here
>could punish him. Since he escaped punishment in the U.S., he wanted to know how he
>could come back to the U.S. on a H-1. Can you believe this guy?
>I hope you F-1 guys don't follow the bad examples set by some of these H-1 guys.
Remember that according to the original post, he was cleared of all charges and
should be put in the same position as any other innocent who has never been accused
of a crime.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: ht-
tp://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
[url="http://travel.state.gov/i864gen.html"]http://travel.state.gov/i864gen.html[/ur-
l] and http://travel.state.gov/check-
list.html
For information on entering the US as a K-1:
http://www.k1poelist.com/
For poverty levels, see http:-
//aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com
http://www.shusterman.com
http://www.immigration.com
http://members.aol.com/MDUdall
http://www.murthy.com/
http://www.richw.org/dualcit/ (dual
citizenship FAQ) http://www.ilw.com
http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and
fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http:/-
/www.mindspring.com/~docsteen/visainfo/visainfo.htm
http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
May 29th 2002, 7:20 am
#7
Guest
Posts: n/a
Re: Charges dropped, what now?
[email protected] (Ingo Pakleppa) wrote in message
news:<[email protected]>...
> On 24 May 2002 18:52:21 -0700, [email protected] (Carl Vernoy) wrote:
>
> >[email protected] (Ingo Pakleppa) wrote in message
> >news:<[email protected]>...
> >> The first thing would be to have the employer hire a competent immigration
> >> attorney. That attorney should handle all the questions you asked.
> >>
> >> The reason INS asked for the passport was probably to ensure that they would be
> >> able to deport you if it came to that. Since INS is so disorganized, chances are
> >> that they lost your passport. The only person who may be able to help you get it
> >> back is a Congressperson for the district where you reside.
> >>
> >> As for what status you were in, I have to admit I'm stumped. Since a judge
> >> ordered you to remain in the US, it clearly was not unlawful. Yet it also was
> >> not F-1 because that ended when you dropped out of school. My guess is that it
> >> would be some kind of "special" status, but you'd need an expert to find out for
> >> sure.
> >>
> >> Ingo
> >>
> >> On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
> >>
> >> >Hi,
> >> >
> >> >I was a graduate student on a F1 visa when I was charged with theft and
> >> >prevented from registering at school. My passport and visa were taken by the
> >> >judge to ensure that I stayed in the country to face trial.
> >> >
> >> >I spent the next three years living with a relative awaiting the outcome of my
> >> >case. The case went very well and all charges were dropped. Furthermore, I
> >> >found an employer willing to get me a H1B. My problem now is that I don't have
> >> >my passport. The judge gave it to the INS on their advice.
> >> >
> >> >How do I transition to a H1B now? Should I ask the INS for my passport, go back
> >> >home and apply for the H1B? Can such a request trigger deportation proceedings
> >> >or some other form of punishment?
> >> >
> >> >I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay
> >> >here be considered legitimate because the judge forced me to stay?
> >> >
> >> >Thanks, C
> >>
> >
> >Ingo,
> >
> >Since I have a D/S I-94, am I not on F1 status? The INS has my passport, and
> >*might* have been informed that I have dropped out of school, but they haven't
> >advised me that my F1 status has lapsed. Isn't that necessary for the status to
> >formally terminate?
>
> No, it is not. Your status formally terminates as soon as you stop engaging in the
> activity that the status was based on.
>
> What you are referring to does exist in a somewhat different context. You may be
> out of status (or maybe not, given your circumstances - I really don't know), but
> you are not unlawfully present. That indeed starts only when INS or an immigration
> judge *informs* you that you are no longer in status. This is also the day that the
> 180 days for the three-year ban start counting, but you would already be out of
> status earlier than that.
>
> Complicated, hu?
>
> Ingo
>
Is there a good resource/listing of lawyers in the Portland, OR area?
Thanks, C
news:<[email protected]>...
> On 24 May 2002 18:52:21 -0700, [email protected] (Carl Vernoy) wrote:
>
> >[email protected] (Ingo Pakleppa) wrote in message
> >news:<[email protected]>...
> >> The first thing would be to have the employer hire a competent immigration
> >> attorney. That attorney should handle all the questions you asked.
> >>
> >> The reason INS asked for the passport was probably to ensure that they would be
> >> able to deport you if it came to that. Since INS is so disorganized, chances are
> >> that they lost your passport. The only person who may be able to help you get it
> >> back is a Congressperson for the district where you reside.
> >>
> >> As for what status you were in, I have to admit I'm stumped. Since a judge
> >> ordered you to remain in the US, it clearly was not unlawful. Yet it also was
> >> not F-1 because that ended when you dropped out of school. My guess is that it
> >> would be some kind of "special" status, but you'd need an expert to find out for
> >> sure.
> >>
> >> Ingo
> >>
> >> On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
> >>
> >> >Hi,
> >> >
> >> >I was a graduate student on a F1 visa when I was charged with theft and
> >> >prevented from registering at school. My passport and visa were taken by the
> >> >judge to ensure that I stayed in the country to face trial.
> >> >
> >> >I spent the next three years living with a relative awaiting the outcome of my
> >> >case. The case went very well and all charges were dropped. Furthermore, I
> >> >found an employer willing to get me a H1B. My problem now is that I don't have
> >> >my passport. The judge gave it to the INS on their advice.
> >> >
> >> >How do I transition to a H1B now? Should I ask the INS for my passport, go back
> >> >home and apply for the H1B? Can such a request trigger deportation proceedings
> >> >or some other form of punishment?
> >> >
> >> >I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay
> >> >here be considered legitimate because the judge forced me to stay?
> >> >
> >> >Thanks, C
> >>
> >
> >Ingo,
> >
> >Since I have a D/S I-94, am I not on F1 status? The INS has my passport, and
> >*might* have been informed that I have dropped out of school, but they haven't
> >advised me that my F1 status has lapsed. Isn't that necessary for the status to
> >formally terminate?
>
> No, it is not. Your status formally terminates as soon as you stop engaging in the
> activity that the status was based on.
>
> What you are referring to does exist in a somewhat different context. You may be
> out of status (or maybe not, given your circumstances - I really don't know), but
> you are not unlawfully present. That indeed starts only when INS or an immigration
> judge *informs* you that you are no longer in status. This is also the day that the
> 180 days for the three-year ban start counting, but you would already be out of
> status earlier than that.
>
> Complicated, hu?
>
> Ingo
>
Is there a good resource/listing of lawyers in the Portland, OR area?
Thanks, C
May 30th 2002, 7:20 pm
#8
Guest
Posts: n/a
Re: Charges dropped, what now?
On 29 May 2002 11:07:26 -0700, [email protected] (Carl Vernoy) wrote:
>[email protected] (Ingo Pakleppa) wrote in message
>news:<[email protected]>...
>> On 24 May 2002 18:52:21 -0700, [email protected] (Carl Vernoy) wrote:
>>
>> >[email protected] (Ingo Pakleppa) wrote in message
>> >news:<[email protected]>...
>> >> The first thing would be to have the employer hire a competent immigration
>> >> attorney. That attorney should handle all the questions you asked.
>> >>
>> >> The reason INS asked for the passport was probably to ensure that they would be
>> >> able to deport you if it came to that. Since INS is so disorganized, chances
>> >> are that they lost your passport. The only person who may be able to help you
>> >> get it back is a Congressperson for the district where you reside.
>> >>
>> >> As for what status you were in, I have to admit I'm stumped. Since a judge
>> >> ordered you to remain in the US, it clearly was not unlawful. Yet it also was
>> >> not F-1 because that ended when you dropped out of school. My guess is that it
>> >> would be some kind of "special" status, but you'd need an expert to find out
>> >> for sure.
>> >>
>> >> Ingo
>> >>
>> >> On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
>> >>
>> >> >Hi,
>> >> >
>> >> >I was a graduate student on a F1 visa when I was charged with theft and
>> >> >prevented from registering at school. My passport and visa were taken by the
>> >> >judge to ensure that I stayed in the country to face trial.
>> >> >
>> >> >I spent the next three years living with a relative awaiting the outcome of my
>> >> >case. The case went very well and all charges were dropped. Furthermore, I
>> >> >found an employer willing to get me a H1B. My problem now is that I don't have
>> >> >my passport. The judge gave it to the INS on their advice.
>> >> >
>> >> >How do I transition to a H1B now? Should I ask the INS for my passport, go
>> >> >back home and apply for the H1B? Can such a request trigger deportation
>> >> >proceedings or some other form of punishment?
>> >> >
>> >> >I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay
>> >> >here be considered legitimate because the judge forced me to stay?
>> >> >
>> >> >Thanks, C
>> >>
>> >
>> >Ingo,
>> >
>> >Since I have a D/S I-94, am I not on F1 status? The INS has my passport, and
>> >*might* have been informed that I have dropped out of school, but they haven't
>> >advised me that my F1 status has lapsed. Isn't that necessary for the status to
>> >formally terminate?
>>
>> No, it is not. Your status formally terminates as soon as you stop engaging in the
>> activity that the status was based on.
>>
>> What you are referring to does exist in a somewhat different context. You may be
>> out of status (or maybe not, given your circumstances - I really don't know), but
>> you are not unlawfully present. That indeed starts only when INS or an immigration
>> judge *informs* you that you are no longer in status. This is also the day that
>> the 180 days for the three-year ban start counting, but you would already be out
>> of status earlier than that.
>>
>> Complicated, hu?
>>
>> Ingo
>>
>
>Is there a good resource/listing of lawyers in the Portland, OR area?
>
>Thanks, C
I'm sorry, but I can't help you there. Try the Bar Association.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
>[email protected] (Ingo Pakleppa) wrote in message
>news:<[email protected]>...
>> On 24 May 2002 18:52:21 -0700, [email protected] (Carl Vernoy) wrote:
>>
>> >[email protected] (Ingo Pakleppa) wrote in message
>> >news:<[email protected]>...
>> >> The first thing would be to have the employer hire a competent immigration
>> >> attorney. That attorney should handle all the questions you asked.
>> >>
>> >> The reason INS asked for the passport was probably to ensure that they would be
>> >> able to deport you if it came to that. Since INS is so disorganized, chances
>> >> are that they lost your passport. The only person who may be able to help you
>> >> get it back is a Congressperson for the district where you reside.
>> >>
>> >> As for what status you were in, I have to admit I'm stumped. Since a judge
>> >> ordered you to remain in the US, it clearly was not unlawful. Yet it also was
>> >> not F-1 because that ended when you dropped out of school. My guess is that it
>> >> would be some kind of "special" status, but you'd need an expert to find out
>> >> for sure.
>> >>
>> >> Ingo
>> >>
>> >> On 18 May 2002 12:39:59 -0700, [email protected] (Carl Vernoy) wrote:
>> >>
>> >> >Hi,
>> >> >
>> >> >I was a graduate student on a F1 visa when I was charged with theft and
>> >> >prevented from registering at school. My passport and visa were taken by the
>> >> >judge to ensure that I stayed in the country to face trial.
>> >> >
>> >> >I spent the next three years living with a relative awaiting the outcome of my
>> >> >case. The case went very well and all charges were dropped. Furthermore, I
>> >> >found an employer willing to get me a H1B. My problem now is that I don't have
>> >> >my passport. The judge gave it to the INS on their advice.
>> >> >
>> >> >How do I transition to a H1B now? Should I ask the INS for my passport, go
>> >> >back home and apply for the H1B? Can such a request trigger deportation
>> >> >proceedings or some other form of punishment?
>> >> >
>> >> >I think I have D/S I-94, but I am not sure. Even if I don't, shouldn't my stay
>> >> >here be considered legitimate because the judge forced me to stay?
>> >> >
>> >> >Thanks, C
>> >>
>> >
>> >Ingo,
>> >
>> >Since I have a D/S I-94, am I not on F1 status? The INS has my passport, and
>> >*might* have been informed that I have dropped out of school, but they haven't
>> >advised me that my F1 status has lapsed. Isn't that necessary for the status to
>> >formally terminate?
>>
>> No, it is not. Your status formally terminates as soon as you stop engaging in the
>> activity that the status was based on.
>>
>> What you are referring to does exist in a somewhat different context. You may be
>> out of status (or maybe not, given your circumstances - I really don't know), but
>> you are not unlawfully present. That indeed starts only when INS or an immigration
>> judge *informs* you that you are no longer in status. This is also the day that
>> the 180 days for the three-year ban start counting, but you would already be out
>> of status earlier than that.
>>
>> Complicated, hu?
>>
>> Ingo
>>
>
>Is there a good resource/listing of lawyers in the Portland, OR area?
>
>Thanks, C
I'm sorry, but I can't help you there. Try the Bar Association.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
