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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #16 (permalink)  
Old 01-15-2009, 07:07 PM
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Quote:
Originally Posted by apatel_17 View Post
The form firearm buyers fill out is a federal form that should be standard across all states. Perhaps your recollection is from before Feb 2002 when nonimmigrants' firearm ownership was not restricted.

A correction for my earlier post - the pamphlet is from ATF, not ICE. http://www.nafr.org/PDF/p5300_18.pdf

Regarding FBI Background checks for firearm transactions, they are required by law to give a decision in 7 days, or the transaction is automatically approved. There is a very efficient appeals process for wrongful denials that takes only a couple of weeks. There is also a toll-free hotline to call FBI and talk to an officer.

Wish they had all these features and the 7-day timeframe for immigration background checks....

Good info. From the pamphlet it is clear that if you have resided in the State where you are buying the handgun for 90 days and intend to make a home in that State AND are in possession of a valid hunting license or permit lawfully issued in the US the you are eligible to purchse a firearm from an FFL to possess in the US.

I checked the GA Department of Wildlife website and you can get a license online for hunting in a matter of few minutes by paying a small fee unless you intend to hunt Deer for which you need to undergo hunting course.
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  #17 (permalink)  
Old 01-15-2009, 07:21 PM
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Originally Posted by logiclife View Post
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830

This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
.
Thats what I am sayin. Even naturalized citizenship can be revoked by revoking the underlying GC. Only citizenship by birth is the safest.
John walker Lynd was able to keep his citizenship in spite of being with Taliban. Had he been a naturalized citizen, I am sure US Govt would have revoked his citizenship by voiding his old GC.
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  #18 (permalink)  
Old 01-15-2009, 07:26 PM
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Quote:
Originally Posted by Humhongekamyab View Post
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
I think this is a wrong forum . you might want to get in touch with NRA (most of the members of NRA are very conservative ) .... They might help you or make you a plaintiff in a lawsuit.. Supreme court may very well favor you given their recent second amendment rulings
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  #19 (permalink)  
Old 01-15-2009, 07:38 PM
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If you don't take the hunting class, I highly recommend a firearm safety class. Almost all firearm accidents are caused by human error and there are many technicalities you need to know (e.g. what to do if the cartridge malfunctions or fails to fire) to not endanger yourself or those around you.

I recommend going to a nearby firing range and renting some firearms at the range and trying them out. You have a better chance of finding handgun rentals than long-gun rentals. The range will likely only ask for your Driver's license and will make you take a safety exam before they let you loose on the range. The experience at the range will help you determine if firearm ownership is right for you (noise, recoil, etc.). Go with a smaller caliber and a heavier firearm for a more manageable recoil the first time.


Quote:
Originally Posted by Humhongekamyab View Post
Good info. From the pamphlet it is clear that if you have resided in the State where you are buying the handgun for 90 days and intend to make a home in that State AND are in possession of a valid hunting license or permit lawfully issued in the US the you are eligible to purchse a firearm from an FFL to possess in the US.

I checked the GA Department of Wildlife website and you can get a license online for hunting in a matter of few minutes by paying a small fee unless you intend to hunt Deer for which you need to undergo hunting course.
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  #20 (permalink)  
Old 01-15-2009, 08:44 PM
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Quote:
Originally Posted by logiclife View Post
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830

This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.

If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.

If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.
I couldn't agree more.
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  #21 (permalink)  
Old 01-15-2009, 09:38 PM
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How's AC21 involved in this scenario ????
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  #22 (permalink)  
Old 01-27-2009, 11:45 PM
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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

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

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.

Last edited by reddog; 01-28-2009 at 12:08 AM.
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  #23 (permalink)  
Old 06-09-2009, 07:41 PM
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Quote:
Originally Posted by logiclife View Post
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.

Here is the biggest irony:

IN order to own a gun, FBI needs only 2 days to check your background.

IN order to get 485 approved, FBI takes months or years to do a background check.

I guess green-card is a more lethal weapon than a handgun.

There are federal firearm laws and then there are local (state) firearm laws.

State laws can be more restrictive than federal laws (atleast when it comes to firearms), but never less restrictive.

Federal law states that non-immigrants (even AOS) are prohibited from owning firearms unless they fall under one of 4 exceptions, the easiest one being the hunting license exception.

If you have a valid hunting license, issued anywhere in the United States (you could live in NV and have a hunting license from NY) you are okay on the Federal level.

After you have met that exception, you have to check and see if your state has additional restrictions.

Some states don't discriminate between citizens/non citizens when it comes to firearms, some do.

e.g. in MA, non-citizens (even GC holders) are only allowed to own non large capacity rifles and shotguns, which means no handguns, and no large capacity rifles (ARs, AKs and the like).

Logiclife, yes, there are some cases where a non-immigrant accidentally manages to bypass the hunting license requirement. This can happen in states which issue their own non-citizen permits. The applicant gets the 'non-citizen' permit and thinks that he/she has done their part and is now okay to purchase/possess a firearm. This is somewhat of a loophole that every non-immigrant buyer should be wary of and absolutely avoid. Sometimes the NICS background people can also approve the transaction without realizing the non-immigrant situation, but that doesn't mean its okay, I have confirmed this with the ATF on the phone.

Getting a hunting license is not difficult though, passing a simple hunter safety course is all that is required.

That being said, I am very pleased to find responsible and safe firearms enthusiasts on this forum.

And the person that asked the OP if he was inquiring about firearm laws because he wanted to kill someone, I hope you were joking. If you weren't, your ignorance disgusts me.
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  #24 (permalink)  
Old 06-09-2009, 08:03 PM
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Quote:
Originally Posted by logiclife View Post
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.

Here is the biggest irony:

IN order to own a gun, FBI needs only 2 days to check your background.

IN order to get 485 approved, FBI takes months or years to do a background check.

I guess green-card is a more lethal weapon than a handgun.
Logiclife,
I have been reading your posts for a long time now, and looking at your signature, and your views on legal, responsible firearm ownership, I have to say that your forum handle is very appropriate.

My respect for you (which was already very high) just went up 10 fold.
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  #25 (permalink)  
Old 06-09-2009, 08:32 PM
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One of my co-workers started me with a gun range membership...you can even find ones that dont require membership...just show ur drivers license and rent guns from the range & dont worry about carry permits...etc etc

Its the best way to enjoy shooting & the less expensive way too. Ever since Obama was gonna be in power...firearms & ammo prices have been going up.

But .22LR (best caliber for beginners) is still the cheapest...

- If you outlaw guns, only outlaws will carry guns-
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  #26 (permalink)  
Old 06-09-2009, 09:03 PM
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Default any changes ?

now with folks trying to buy guns...can we expect any forced forward movement or recapture of visa numbers ?

I mean can the gun be put to some good use....
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  #27 (permalink)  
Old 06-09-2009, 10:25 PM
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Quote:
Originally Posted by Humhongekamyab View Post
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
YOu stole my profile picture, stop doing that, or you WILL fail.
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  #28 (permalink)  
Old 06-09-2009, 10:32 PM
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What state are you living??


Quote:
Originally Posted by Humhongekamyab View Post
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
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  #29 (permalink)  
Old 06-10-2009, 12:30 AM
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Federal law does allow H-1Bs to purchase firearms if they have lived in the US (Same residence, if you move, the clock is reset) continuously (if you leave the country, the clock is again reset) for 90 days and fall under one of the 4 exceptions listed below.

- Possess a valid (unexpired) hunting license issued by any state in the US

- Are a Law enforcement officer from a foreign nation, here on official duty

- in the US to participate in a shooting sports competition

- get a waiver from the Attorney General

The easiest of these 4 exceptions is the Hunting license exception.

Once you meet the above mentioned criteria, you are okay, per federal law to possess a firearm. Doesn't matter what non-immigrant visa you are on (H-1B, F-1, AOS).

Next step is to check whether your state has additional restrictions. I don't think any states completely bars non-citizens from possessing firearms (atleast none of the states that I have lived in do), although some states have restrictions on the type of firearms non citizens can buy. e.g. in MA, non-citizens (including GC holders) can't buy handguns or high powered semi auto rifles (ARs, AKs) but they can buy non-large capacity rifles and shotguns.

As someone pointed out, trying out guns at a public range which has rentals is a great way to introduce oneself to the sport, learn basic firearm operation and safety, and to try a wide variety of guns and calibers.
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  #30 (permalink)  
Old 06-10-2009, 06:23 AM
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Default

Quote:
Originally Posted by logiclife View Post
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830

This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.

If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.

If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.
Ironically the first Indian to get US citizenship also had it revoked:
http://en.wikipedia.org/wiki/A.K._Mozumdar

In 1913 Mozumdar became the first Indian-born person to earn U.S. citizenship, having convinced the Spokane district judge that he was in fact Caucasian and thereby met the requirements of naturalization law then restricting citizenship to "free white persons." Ten years later, as a result of the U.S. Supreme Court decision in United States v. Bhagat Singh Thind, stipulating that no person of East Indian origin could become a naturalized American, Mozumdar’s citizenship was revoked.
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