reddog
01-27 10:45 PM
It is unlawful for an alien admitted on a non-immigrant visa to own a firearm(with one exception).
So, if you want to own a gun, read on....
The case where this 18 USC 922(g)(5)(B) was mentioned elaborately was United States vs ELRAWY.
And it clearly is re-affirmed what is stated in the law on Unlawful acts(Sec 922) for FIREARMS, that '(g)It shall be unlawful for any person - (5) who, being an alien - (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
The case: http://bulk.resource.org/courts.gov/....04-20123.html (http://bulk.resource.org/courts.gov/c/F3/448/448.F3d.309.04-20123.html)
The case clearly notes that a person on Adjustment on status remains on the last admitted visa status until the Adjustment of Status is approved. So there is no ambiguity there.
A person even after he has applied for adjustment of status can remain in the country, but for ownership of a gun, he falls back on his visa status.
However, the law clearly states an exception for the person who is an alien that is on a non-immigrant visa - the (y)(2) part:
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. - (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
Link: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20 (http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20)
In short, apply and get a Hunting Licence from the State DNR., take the safety courses and then apply for the State firearm ID.
And, if your licensing authority knows about this exception(hunting) in the law, they will issue you a license.
If not, they will reject your application. If so, You might want to bring this section to their notice.
So, if you want to own a gun, read on....
The case where this 18 USC 922(g)(5)(B) was mentioned elaborately was United States vs ELRAWY.
And it clearly is re-affirmed what is stated in the law on Unlawful acts(Sec 922) for FIREARMS, that '(g)It shall be unlawful for any person - (5) who, being an alien - (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
The case: http://bulk.resource.org/courts.gov/....04-20123.html (http://bulk.resource.org/courts.gov/c/F3/448/448.F3d.309.04-20123.html)
The case clearly notes that a person on Adjustment on status remains on the last admitted visa status until the Adjustment of Status is approved. So there is no ambiguity there.
A person even after he has applied for adjustment of status can remain in the country, but for ownership of a gun, he falls back on his visa status.
However, the law clearly states an exception for the person who is an alien that is on a non-immigrant visa - the (y)(2) part:
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas. - (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
Link: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20 (http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+535+12++%28%29%2 0%20AND%20%28USC%20w%2F10%20%28922%29%29%3ACITE%20 %20%20%20%20%20%20%20%20)
In short, apply and get a Hunting Licence from the State DNR., take the safety courses and then apply for the State firearm ID.
And, if your licensing authority knows about this exception(hunting) in the law, they will issue you a license.
If not, they will reject your application. If so, You might want to bring this section to their notice.
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masaternyc
01-15 08:07 PM
He shouldn't have returned your ciggies :D
You are also a takkie??? USCIS doesn't need any more software smart who whose fraudulent labor ???
I think US needs street smart to bring back the economy not software smart only.
You are also a takkie??? USCIS doesn't need any more software smart who whose fraudulent labor ???
I think US needs street smart to bring back the economy not software smart only.
hpandey
06-03 09:59 AM
For all those who commented in negative.
1. Its posted in Interesting topics section. GC, E2/E3 predictions,H1B extension etc is not the only thing left in life.
2. Spelling is a logical/creative thing. Its not cramming words from dictionary. Its an art too. Ever heard of phonetics.
have a nice day.
Are you quite sure it is a logical creative thing ? There are a lot of words which are pronounced quite differently from the way they are spelled ... unless you know the word ( by cramming ) you would not be able to spell it.
Your point 1 has nothing to do with this topic. Was it ever said that GC is the only thing in life by anyone ?
Obviously this is hard work but to what end. How is knowing the spelling of every word in the planet going to help her or anyone for that matter.
Better be a good writer who writes on interesting topics , stories or novels than to be the proof reader for the writer. Who do you think would have a good career - the writer or the proof reader.
Learning how to spell would have taken thousands and thousands of hours . Wouldn't that time be better spent in learning maths or science or arts or a musical instrument or sports or anything that will help her in the future or be personally gratifying for life. I am not sure she will remember half the words 10 years from now just like a engineer doing java programming for 10-15 years would practically remember nothing he learned in college.
1. Its posted in Interesting topics section. GC, E2/E3 predictions,H1B extension etc is not the only thing left in life.
2. Spelling is a logical/creative thing. Its not cramming words from dictionary. Its an art too. Ever heard of phonetics.
have a nice day.
Are you quite sure it is a logical creative thing ? There are a lot of words which are pronounced quite differently from the way they are spelled ... unless you know the word ( by cramming ) you would not be able to spell it.
Your point 1 has nothing to do with this topic. Was it ever said that GC is the only thing in life by anyone ?
Obviously this is hard work but to what end. How is knowing the spelling of every word in the planet going to help her or anyone for that matter.
Better be a good writer who writes on interesting topics , stories or novels than to be the proof reader for the writer. Who do you think would have a good career - the writer or the proof reader.
Learning how to spell would have taken thousands and thousands of hours . Wouldn't that time be better spent in learning maths or science or arts or a musical instrument or sports or anything that will help her in the future or be personally gratifying for life. I am not sure she will remember half the words 10 years from now just like a engineer doing java programming for 10-15 years would practically remember nothing he learned in college.
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vinodmp
02-11 11:45 AM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
more...
ssinha63
06-13 11:50 PM
My son was on H4 and joined undergraduate course in Canada last year. He is Canadian permanent resident too. As per July VB, I can file for I-485. My question is:
1. Can I and my wife file I-485 as AOS and file I-824 to change AOS to CP for my son, so that he may file I-485 as CP from US Consulate, Montreal, Canada?
2. If not, what are the options?
Thanks!
ssinha63
PD Apr'04
I-140 approved
1. Can I and my wife file I-485 as AOS and file I-824 to change AOS to CP for my son, so that he may file I-485 as CP from US Consulate, Montreal, Canada?
2. If not, what are the options?
Thanks!
ssinha63
PD Apr'04
I-140 approved
aroranuj
09-22 05:38 PM
Called all folks who havent said wether they support or oppose the bill...I know its past 5 pm but they are answering phones...so if you just see this message, pick up your phone & CALL!!!!
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236 (NOT IN FAVOR)
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236 (NOT IN FAVOR)
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
more...
karthkc
03-18 05:03 PM
Bump
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
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u.misc
08-11 01:09 AM
I don't believe that this is for real but i am really impressed with the hacker.
He did one heck of the job and made people run on their heels and
thanks to people on this forum he succeed 100%.
He did one heck of the job and made people run on their heels and
thanks to people on this forum he succeed 100%.
more...
sdrblr
08-11 04:18 AM
EB2 I/C - July 1st 2004
EB3 I - U
EB2 ROW current
EB3 I - U
EB2 ROW current
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chanduv23
10-05 11:52 AM
^^^^^^^^^^^^^^^^^
more...
aadimanav
07-14 07:43 PM
* bump *
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sk082671
01-21 11:07 PM
Hi,
Sorry guys, I found how to contribute, i am mailing my check of $100 today, I appreciate all your effort, I hope we should win finally.
I thank every one on this forum for taking initiative and fighting for common goal.
Thanks
SK260871
Sorry guys, I found how to contribute, i am mailing my check of $100 today, I appreciate all your effort, I hope we should win finally.
I thank every one on this forum for taking initiative and fighting for common goal.
Thanks
SK260871
more...
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adhantari
07-30 04:49 PM
Let the BS(brain storming) begin......................:D
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english_august
07-10 09:15 AM
Any deliveries made yet? Whats the impact? Did it work?:confused:
We have a few people making their way to USCIS - so we should know in sometime.
Actually when I say a few, there are probably only 3 or 4. Even after working the phones, emails and private messages, we could not get too many DC area members to help out.
If I have one regret for this campaign it is that I should have booked my flight tickets to DC - it would have been just so exciting to have such a good opportunity to voice our issues and concerns.
We have a few people making their way to USCIS - so we should know in sometime.
Actually when I say a few, there are probably only 3 or 4. Even after working the phones, emails and private messages, we could not get too many DC area members to help out.
If I have one regret for this campaign it is that I should have booked my flight tickets to DC - it would have been just so exciting to have such a good opportunity to voice our issues and concerns.
more...
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Openarms
05-13 10:24 AM
I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?
We need IV help in this area.
We need IV help in this area.
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msgrewal81
03-22 11:14 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
more...
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hindichinibhaibhai
03-15 12:42 AM
How many of those 245(i) cases from April 2001 might exist in the EB3-India bucket?
From what I read on some of these forums, there could be 8-10 million 245(i) cases in all, filed on or shortly after April 2001. Were these filed as EB cases???
IFF this is the case, then EB3-India will likely keep going back and forth between April 2001 and December 2001 for the next several years. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
From what I read on some of these forums, there could be 8-10 million 245(i) cases in all, filed on or shortly after April 2001. Were these filed as EB cases???
IFF this is the case, then EB3-India will likely keep going back and forth between April 2001 and December 2001 for the next several years. Though it doesn't make any sense how EB3-China and EB3-Mexico made it to 2003.
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belmontboy
08-11 01:09 AM
EB2-I was Aug 2006 in sep 2008 VB.
EB2-I is May 2006 in sep 2010 VB.
Looks like we are moving backwards :(
EB2-I is May 2006 in sep 2010 VB.
Looks like we are moving backwards :(
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nixstor
10-10 04:28 PM
The Schedule A Workers category has become oversubscribed for November and a cut-off date established to hold number use within the 50,000 numerical limit. It is expected that demand will bring allocations up to the program limit during November. Once the limit is reached no further allocations will be possible, and the category listing will be removed from future cut-off date tables.
A PD for Schedule A category is for those people filing under EB2 with exceptional skills in arts and sciences . We had a post recently. Nurses and PT's do not have PD's as they do not have to file Labor Cert in the first place.
A PD for Schedule A category is for those people filing under EB2 with exceptional skills in arts and sciences . We had a post recently. Nurses and PT's do not have PD's as they do not have to file Labor Cert in the first place.
snathan
04-21 03:08 PM
u mean ur parents r babysitters for last 4 years....I hope this teaches to keep ur mouth shut calling other's parents baby sitters.
Whether we like it or not...this is a reality. I have had a neighbor where both the husband wife was working. They brought their parents every year... because it was cheaper than Day Care.
But they didnt bother to drive Benz and BMW.
Whether we like it or not...this is a reality. I have had a neighbor where both the husband wife was working. They brought their parents every year... because it was cheaper than Day Care.
But they didnt bother to drive Benz and BMW.
Madhuri
07-24 11:46 AM
People with grown up kids, I guess would prefer Canada over India. There are many problems starting with the education system, reservations etc. For kids who had been studying here from KG through grade 8-9 it's difficult to get dragged in the rat race in India, especially for normal kids who don't belong to any reservation category.
Yes in Canada we know that finding a job is going to be difficult and we should brain-storm about how to tackle this problem?
What skillsets are in demand? Anybody has idea?
I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
My company has offices in both canada(toronto and vancouver) and US .. i have worked for extended periods of time in canada. I agree that career development oppourtunities are limited due to economic reasons, but I there is no way toronto or vancouver can be considered "racist". And talking of high skilled workers, who said there is absolutely no discrimination in the US ? Isnt that what programmers guild and other labor unions are all about ? how come so many people support the blue collar illegal aliens (mostly meat-packers and lettuce pickers), but nobody cares about us, tax-paying, law-abiding highly skilled people ?
The difference is at least the canadian immigration policy doesnt institutionalize the discrimination by making us wait in limbo forever, unlike the US laws. At the end of the day, I would rather live with "limited career development" opportunity in canada and change employers at will than be surrounded by plenty of such opportunity but have my hands tied behind my back by the US laws.
As for "discrimination", we as immigrants always will have to bear with some discrimination,subtle or overt, from the native-born white collar workers whether in the US or anywhere else in the developed world. Our home country is the only one where you can expect to go and join the workforce without discrimination.
Yes in Canada we know that finding a job is going to be difficult and we should brain-storm about how to tackle this problem?
What skillsets are in demand? Anybody has idea?
I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
My company has offices in both canada(toronto and vancouver) and US .. i have worked for extended periods of time in canada. I agree that career development oppourtunities are limited due to economic reasons, but I there is no way toronto or vancouver can be considered "racist". And talking of high skilled workers, who said there is absolutely no discrimination in the US ? Isnt that what programmers guild and other labor unions are all about ? how come so many people support the blue collar illegal aliens (mostly meat-packers and lettuce pickers), but nobody cares about us, tax-paying, law-abiding highly skilled people ?
The difference is at least the canadian immigration policy doesnt institutionalize the discrimination by making us wait in limbo forever, unlike the US laws. At the end of the day, I would rather live with "limited career development" opportunity in canada and change employers at will than be surrounded by plenty of such opportunity but have my hands tied behind my back by the US laws.
As for "discrimination", we as immigrants always will have to bear with some discrimination,subtle or overt, from the native-born white collar workers whether in the US or anywhere else in the developed world. Our home country is the only one where you can expect to go and join the workforce without discrimination.
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