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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1 (permalink)  
Old 04-28-2011, 10:07 PM
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Priority Date
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May-06
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I140 Mailed Date
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07/16/2006
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I485 Mailed Date
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default Who is first class magistrate?

Folks,
Trying to get my wife's I-485 applied. The lawyer wants her parents to swear in front of a first class magistrate. Now what the heck does that mean? Even my in-laws seem confused as to what that means!

I read that Tehsildar is only third level??

Could anyone please enlighten?

Thanks!
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  #2 (permalink)  
Old 04-29-2011, 07:11 AM
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Default

I think it is DM. Call his office to verify.
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  #3 (permalink)  
Old 04-29-2011, 07:48 AM
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Default

DM is District Magistrate. District Collector is also District Magistrate.
First class Magistrate would be District Collector or lower than his cadre like Joint Collector or RDO (Revenue Divisional Officer), Sub Collector
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  #4 (permalink)  
Old 04-29-2011, 12:58 PM
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Default

Quote:
Originally Posted by shishya View Post
Folks,
Trying to get my wife's I-485 applied. The lawyer wants her parents to swear in front of a first class magistrate. Now what the heck does that mean? Even my in-laws seem confused as to what that means!

I read that Tehsildar is only third level??

Could anyone please enlighten?

Thanks!
It is Judge in Local court. You can get it done from Notary In India. It is basically someone who is authorized for giving Oath. Ask them to Go to local Court and get it done. Just tell them you need to do Affidavit

Last edited by number30; 04-29-2011 at 04:42 PM.
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  #5 (permalink)  
Old 04-29-2011, 02:47 PM
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Default

Judicial Magistrate First Class (JMFC) is the lowest rank of Magistrates (Magistrate == one who handles criminal matters, Civil Judge == one who handles civil matters). Usually, Civil Judge Class II (who are recruited right out of colleges through state wide Judicial Exams) are given powers of JMFC after about an year of experience.

Go to your local court (Sessions Court would be even better because there you will find tons of such JMFC courts and advocates) and ask any advocate. He will get it done.
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  #6 (permalink)  
Old 04-29-2011, 02:54 PM
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Default

Quote:
Originally Posted by spaceguy View Post
DM is District Magistrate. District Collector is also District Magistrate.
First class Magistrate would be District Collector or lower than his cadre like Joint Collector or RDO (Revenue Divisional Officer), Sub Collector
This is incorrect. While a District Collector is an Executive Magistrate and while he does exercise some powers of JMFC, RDOs are not Magistrates at all.

You might be confusing it with DM or ADM (District Magistrate or Assistant DM, Collector usually acts as DM as well but they can be different), who, again, are not real Magistrates because they do not fall under Judiciary. They fall under Executive branch of the Govt. and they have only some powers of a JMFC.
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  #7 (permalink)  
Old 04-30-2011, 03:00 AM
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default

Quote:
Originally Posted by a_paul1 View Post
This is incorrect. While a District Collector is an Executive Magistrate and while he does exercise some powers of JMFC, RDOs are not Magistrates at all.

You might be confusing it with DM or ADM (District Magistrate or Assistant DM, Collector usually acts as DM as well but they can be different), who, again, are not real Magistrates because they do not fall under Judiciary. They fall under Executive branch of the Govt. and they have only some powers of a JMFC.
Paul:
Thank you much for the reply and clarification. Now it turns out when we approached the local court, they want to see the 'US document' that asks for such a swearing.

From various posts, it is clear to me that Indians need to get this done in front of a First Class Magistrate -- however, I CANNOT find any USCIS/formal document for Indians which states this exactly.

Does anyone have any suggestion on what we could show to the Magistrate in India to convince him/her that this is required and needs to be done?

Thanks!
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  #8 (permalink)  
Old 04-30-2011, 01:37 PM
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Default

Quote:
Originally Posted by shishya View Post
Paul:
Thank you much for the reply and clarification. Now it turns out when we approached the local court, they want to see the 'US document' that asks for such a swearing.

From various posts, it is clear to me that Indians need to get this done in front of a First Class Magistrate -- however, I CANNOT find any USCIS/formal document for Indians which states this exactly.

Does anyone have any suggestion on what we could show to the Magistrate in India to convince him/her that this is required and needs to be done?

Thanks!
Use the USCIS I-485 requirements for birth certificate. It may not say "swearing", but has enough info for getting the affidavit to support the birth.
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