TJH 34
11-30 06:54 AM
Hello,
I need some advice concerning my application for a B2 Tourist Visa to the US as my wife and I wish to travel to Disneyworld Florida next December to celebrate our belated honeymoon:
I received a police caution in March this year for "Battery" under Section 39 of The Criminal Justice Act after a domestic argument with my wife here in the UK.
I also have a UK driving conviction from 2006 for "Driving Without Due Care and Attention" which resulted in a �100 fine and six points on my licence which have now expired.
Do either of these cautions/convictions constitute a crime of "moral turpitude"?
I am rather concerned that although I have read that a simple assault/battery does NOT constitute "moral turpitude," spouse abuse certainly does under US law.
Does the definition of simple battery or spouse abuse depend on which country the caution was received in?
The incident in question was more of an argument than one of domestic violence. I grabbed my wife's arm and she twisted herself trying to get away from me and she fell over which left her with a minor bruise and scratch. I certainly did NOT use any deliberate force or physical violence towards my wife.
The argument arose because I had been unemployed for over a year and my wife was stuck doing a job she hates and financial difficulties at the time had put a strain on our relationship. Now that I have secured a full time job and our financial problems have depleted, the relationship between my wife and I is very stable and loving.
However, if the consular officer at the embassy decides that this is a crime of moral turpitude, would I still be eligible for "petty crime exemption" (as the maximum sentence for a Section 39 battery crime is six moths in jail) even though I have the driving conviction from 2006?
Any assistance and guidance on this matter would be greatly appreciated.
Regards,
TJH 34
I need some advice concerning my application for a B2 Tourist Visa to the US as my wife and I wish to travel to Disneyworld Florida next December to celebrate our belated honeymoon:
I received a police caution in March this year for "Battery" under Section 39 of The Criminal Justice Act after a domestic argument with my wife here in the UK.
I also have a UK driving conviction from 2006 for "Driving Without Due Care and Attention" which resulted in a �100 fine and six points on my licence which have now expired.
Do either of these cautions/convictions constitute a crime of "moral turpitude"?
I am rather concerned that although I have read that a simple assault/battery does NOT constitute "moral turpitude," spouse abuse certainly does under US law.
Does the definition of simple battery or spouse abuse depend on which country the caution was received in?
The incident in question was more of an argument than one of domestic violence. I grabbed my wife's arm and she twisted herself trying to get away from me and she fell over which left her with a minor bruise and scratch. I certainly did NOT use any deliberate force or physical violence towards my wife.
The argument arose because I had been unemployed for over a year and my wife was stuck doing a job she hates and financial difficulties at the time had put a strain on our relationship. Now that I have secured a full time job and our financial problems have depleted, the relationship between my wife and I is very stable and loving.
However, if the consular officer at the embassy decides that this is a crime of moral turpitude, would I still be eligible for "petty crime exemption" (as the maximum sentence for a Section 39 battery crime is six moths in jail) even though I have the driving conviction from 2006?
Any assistance and guidance on this matter would be greatly appreciated.
Regards,
TJH 34
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james_bond_007
03-25 08:18 PM
Hi,
Your case is with TSC or NSC ? . TSC online system has been down for over 2 months now ( no updates after 2/10/09 ).
Your case is with TSC or NSC ? . TSC online system has been down for over 2 months now ( no updates after 2/10/09 ).
s_s
06-14 08:13 AM
we applied labour from NY.Now it is with BPC Phily.P-date is june2003-EB2-still in process.this is our 9th year visa:rolleyes: .wat to do?
2011 2010 Weeds Season 6 Episode 6
nashim
02-03 07:57 AM
One lost his job and opted for subsidized COBRA. After one month he got job from small company. New employer does not pay for health insurance and insurance premium is more than subsidized COBRA premium.
In this case, Is it ok to continue using subsidized COBRA even after getting new job?
Thanks,
In this case, Is it ok to continue using subsidized COBRA even after getting new job?
Thanks,
more...
rpat1968
09-24 10:46 AM
That is depressing to know.
Yesterday I have opened a SR using the Expedite Processing CSR Option by calling USCIS. Spoke to a good CSR who understood the mistake and opened a SR for correcting the EB classfication and expediting the case (sence USCIS Error is an option for Expediting cases). Lets see what happens with this.
Also have a good contact now in Senators office, I already submitted a inquiry through their office and waiting for response.
Hello,
It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.
Yesterday I have opened a SR using the Expedite Processing CSR Option by calling USCIS. Spoke to a good CSR who understood the mistake and opened a SR for correcting the EB classfication and expediting the case (sence USCIS Error is an option for Expediting cases). Lets see what happens with this.
Also have a good contact now in Senators office, I already submitted a inquiry through their office and waiting for response.
Hello,
It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.
greencardvow
07-31 08:05 PM
keep copy send original
should I send the employer letter with the 485 in original or a copy?
should I send the employer letter with the 485 in original or a copy?
more...
485Mbe4001
03-12 05:15 PM
Search the forums, there was a similar thread about hourly rates and and salary. it had a lot of responses with information and some mentioning that it was improper to post such information.
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zico123
06-21 06:54 PM
Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
Even if A didnt cancel H1 the comp A will have to apply for transfer.
Company A has not cancelled my H1 and I am in good terms with them.
Even if A didnt cancel H1 the comp A will have to apply for transfer.
more...
STAmisha
01-13 08:52 AM
Folks
Get a copy of your I-140 approval notice. You should be ok. If you apply for a new job, you can apply for 3 years extensions as well as your priority date is portable.
If you are anxious, just pay $1000 and get premimum processing of H1 in the current job.
Please consult an attonery
Get a copy of your I-140 approval notice. You should be ok. If you apply for a new job, you can apply for 3 years extensions as well as your priority date is portable.
If you are anxious, just pay $1000 and get premimum processing of H1 in the current job.
Please consult an attonery
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naushit
08-07 01:40 PM
Can multiple people together file mandamus?
how about signing a petition and send it to Ombudusman?
In last conference call when some one asked about illogical order of processing
she asked him to file DHS 2007 with her office.
how about about 100+ people filing same DHS 2007? and tell her , illogical processing order is root of many many problems at USCIS.
just my 2 cents....
how about signing a petition and send it to Ombudusman?
In last conference call when some one asked about illogical order of processing
she asked him to file DHS 2007 with her office.
how about about 100+ people filing same DHS 2007? and tell her , illogical processing order is root of many many problems at USCIS.
just my 2 cents....
more...
Blog Feeds
06-08 01:20 AM
Senate Majority Leader Harry Reid is promising immigration will be one of three major legislative priorities this year (the other two are health care reform and energy). It's not news that Senator Reid wants to push for reform this year, but it is the first time I've seen him be this specific on where immigration reform ranks on the priorities list.
More... (http://blogs.ilw.com/gregsiskind/2009/06/reid-well-do-immigration-reform-this-year.html)
More... (http://blogs.ilw.com/gregsiskind/2009/06/reid-well-do-immigration-reform-this-year.html)
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dallasdude
04-15 01:50 PM
Why risk it? Avoid going there if possible.
more...
house weeds season 6 episode 1.
amitg
08-07 11:50 AM
i have a valid H1 visa on my passport till 14th dec 2007. yesterday i got the new I-797 with I-94(I-94 dates are mentioned as 15th Dec 2007 to 14th Dec 2010). Since my visa is expiring on 14th Dec 2007, I want to go for stamping before Dec 2007 to Nogales (i have some travel plans in Jan 2008). When can i go for(how soon) stamping. I am planning to go this sept. CAn I ?????
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EB3gcwanted
07-31 02:50 PM
Hi,
I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.
My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.
Thanks
I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.
My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.
Thanks
more...
pictures Weeds Season 6 Episode 1
kadarm
01-10 10:01 AM
Thanks a lot. I will check my attorney.
dresses 2010 weeds season 6 cover art.
mirage
04-10 09:29 AM
Very good!!! I guess it relates to most of us..
more...
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vikramark
03-22 09:28 AM
I had my stamping done in Kolkata consulate on 03/02/2011, they asked me to switch off the cell phone and hand it over to security, security gave me a number tag and I was able to collect my cell from security after my interview.
-Vik
-Vik
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kirupa
11-05 10:58 PM
Hi bouncer!
You need a clientaccesspolicy.xml file that allows you to make accesses across domains: http://scorbs.com/2008/04/15/silverlight-http-networking-stack-part-2-cross-domain-communication-overview
Cheers!
Kirupa :P
You need a clientaccesspolicy.xml file that allows you to make accesses across domains: http://scorbs.com/2008/04/15/silverlight-http-networking-stack-part-2-cross-domain-communication-overview
Cheers!
Kirupa :P
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Ann Ruben
02-11 08:58 PM
Hi Vinod,
As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.
If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.
If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.
Ann
As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.
If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.
If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.
Ann
gevgelija50
11-01 12:06 PM
Thanks for the reply - that helps.
Another question I had was about LUDs. I did my FP on Oct-29-07 on which date I also noticed an updated LUD (from Sep-25 to OCT-29).
However, on Oct-31, I noticed that the LUD was updated yet again to OCT-30.
Any idea what this could mean?
Thanks.
Another question I had was about LUDs. I did my FP on Oct-29-07 on which date I also noticed an updated LUD (from Sep-25 to OCT-29).
However, on Oct-31, I noticed that the LUD was updated yet again to OCT-30.
Any idea what this could mean?
Thanks.
laksmi
01-29 12:10 PM
I think one can leave US but one should come back with in 6 months if not there could be an issue with GC.
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