Grounds of Admissibility

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Old Oct 21st 2009, 5:58 am
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Default Grounds of Admissibility

I read on the interweb that there are finite rules for admissibility for an AOS one of them being never having broken a non-imm status. Those of you familiar with me might be able to help. This doesn't sound like good news even though I was recently granted my EAD.
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Old Oct 21st 2009, 8:56 am
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Default Re: Grounds of Admissibility

Originally Posted by leopards
I read on the interweb that there are finite rules for admissibility for an AOS one of them being never having broken a non-imm status. Those of you familiar with me might be able to help. This doesn't sound like good news even though I was recently granted my EAD.
Link, please? So we can read what you read?

If you are adjusting from the VWP, there is always an element of risk involved. You won't know if you're completely approved until either your AOS interview, or until you get an approval w/o an interview.

Rene
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Old Oct 21st 2009, 12:29 pm
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Default Re: Grounds of Admissibility

Originally Posted by leopards
This doesn't sound like good news even though I was recently granted my EAD.
Getting an EAD is meaningless. If you apply for an EAD at the same time you apply for AOS, you'll get the EAD. But it means nothing with respect to whether or not the AOS will be approved. Oh... if the AOS is denied, you lose both the EAD and AP in the same moment.

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Old Oct 21st 2009, 9:41 pm
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Default Re: Grounds of Admissibility

Originally Posted by Noorah101
Link, please? So we can read what you read?

If you are adjusting from the VWP, there is always an element of risk involved. You won't know if you're completely approved until either your AOS interview, or until you get an approval w/o an interview.

Rene
This is the direct quote:

"Q: What is the requirement of Grounds of Admissible for I-485 application?

A: The I-485 applicant should be "admissible", i.e. he or she is not subject to the grounds of inadmissibility. Generally, foreigners in the U.S. without having been inspected or paroled are regarded inadmissible. The ineligibility to filing I-485 application include:

1) An alien entered the country in illegal way or in transit without a visa;

2) The alien is employed in the U.S. without USCIS approval. But this rule is not applicable for a person if he or she is an immediate relative of a U.S. citizen;

3) The alien can not adjust status if the alien is now or before has been out of status, or if the alien has ever broke the rules and terms of a non-immigrant visa, which requires that the I-485 applicant has never violated his or her status in any way)."

In case I linked the url wrong

http://www.greencardfamily.com/citiz...e_i485_faq.htm
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Old Oct 21st 2009, 9:51 pm
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Default Re: Grounds of Admissibility

l,

The use of the English language does not give me a lot of confidence in the quality of that web site.

Good English does not mean good knowledge, but poor English makes one wonder what else might also be poor. Item 3, for example. My wife was out of status for a bit before applying for adjustment of status and it had no effect on her adjustment.

Regards, JEff


Originally Posted by leopards
This is the direct quote:

"Q: What is the requirement of Grounds of Admissible for I-485 application?

A: The I-485 applicant should be "admissible", i.e. he or she is not subject to the grounds of inadmissibility. Generally, foreigners in the U.S. without having been inspected or paroled are regarded inadmissible. The ineligibility to filing I-485 application include:

1) An alien entered the country in illegal way or in transit without a visa;

2) The alien is employed in the U.S. without USCIS approval. But this rule is not applicable for a person if he or she is an immediate relative of a U.S. citizen;

3) The alien can not adjust status if the alien is now or before has been out of status, or if the alien has ever broke the rules and terms of a non-immigrant visa, which requires that the I-485 applicant has never violated his or her status in any way)."

In case I linked the url wrong

http://www.greencardfamily.com/citiz...e_i485_faq.htm
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Old Oct 21st 2009, 10:00 pm
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Default Re: Grounds of Admissibility

Originally Posted by leopards
I read on the interweb that there are finite rules for admissibility for an AOS one of them being never having broken a non-imm status. Those of you familiar with me might be able to help. This doesn't sound like good news even though I was recently granted my EAD.
If you're a convicted heroin trafficker, jumped the fence, falsely claimed US citizenship, and a whole host of other stuff......you'll be SOL on your AOS. Do we have to keep guessing to find out which one you had in mind......or are you going to tell us and save us the worry?
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Old Oct 21st 2009, 10:30 pm
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Default Re: Grounds of Admissibility

Originally Posted by fatbrit
If you're a convicted heroin trafficker, jumped the fence, falsely claimed US citizenship, and a whole host of other stuff......you'll be SOL on your AOS. Do we have to keep guessing to find out which one you had in mind......or are you going to tell us and save us the worry?
Oh noes you caught me red handed fat. I woulda gotta away with it too if it wasn't for those pesky kids. I overstayed an F-1 of which the I-20 expired in Dec 08.

Edit: The I-20 I believe ended my D/S stamp on my I-94.
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Old Oct 21st 2009, 10:57 pm
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Default Re: Grounds of Admissibility

Originally Posted by leopards
Oh noes you caught me red handed fat. I woulda gotta away with it too if it wasn't for those pesky kids. I overstayed an F-1 of which the I-20 expired in Dec 08.

Edit: The I-20 I believe ended my D/S stamp on my I-94.
Others have adjusted status from an expired F-1, so it can be done. As always, with anything immigration-wise, your mileage may vary.

But my layman's guess is that you'll be fine.

Rene
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Old Oct 21st 2009, 11:23 pm
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Default Re: Grounds of Admissibility

Originally Posted by leopards
Oh noes you caught me red handed fat. I woulda gotta away with it too if it wasn't for those pesky kids. I overstayed an F-1 of which the I-20 expired in Dec 08.

Edit: The I-20 I believe ended my D/S stamp on my I-94.
So it's not the end of the road provided you've not left the country since and don't until you've got the GC in your sweaty hands. There, that was much easier, wasn't it?
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