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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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  #1 (permalink)  
Old 01-15-2009, 03:40 PM
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Default AC 21 and gun ownership

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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  #2 (permalink)  
Old 01-15-2009, 03:51 PM
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You don't need guns my friend. You need Roses!!!
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  #3 (permalink)  
Old 01-15-2009, 03:54 PM
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Quote:
Originally Posted by belmontboy View Post
You don't need guns my friend. You need Roses!!!
I'll take your advice plus a gun. How about Guns and Roses
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  #4 (permalink)  
Old 01-15-2009, 04:00 PM
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Default

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.
whome do you want to kill buddy?
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  #5 (permalink)  
Old 01-15-2009, 04:02 PM
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Default

Quote:
Originally Posted by ItIsNotFunny View Post
whome do you want to kill buddy?
I wonder if you ever came across a word called "protection" or "self-defense". If one owns a gun does that mean he intends to kill someone? And I know you are not being funny here (as your name suggests)
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  #6 (permalink)  
Old 01-15-2009, 04:04 PM
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Quote:
Originally Posted by ItIsNotFunny View Post
whome do you want to kill buddy?
No one. Just want to exercise my right to bear arm under Constitution's Second Amendment .
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  #7 (permalink)  
Old 01-15-2009, 04:07 PM
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Default

I went through the Federal Firearm Law and here is what I found:

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(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)));

-----------------------------------------------------------------------------------------------

(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—
(1) Definitions.— In this subsection—
(A) the term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term “nonimmigrant visa” has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).

(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;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;

101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
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  #8 (permalink)  
Old 01-15-2009, 04:57 PM
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Default Gun ownership. (This is not legal advice, check with your local authorities).

Hi,

DISCLAIMER: I am not a lawyer and none of the below is legal advice. This is just to give you can idea. You should consult with lawyer or your state's authorities for laws pertaining to your state regarding gun ownership and license.

First of all, gun ownership is a right that is protected by 2nd amendment of US constitution, but the laws governing the ownership and usage are state laws.

So everything depends on the state where you live in. But in all 50 states, you have the right to own a gun because that right is protected by US constitution. You can be on H1 and own a gun, gun laws I think have nothing to do with your status, as long as you are legal.

Buying and Owning : Firstly, different states have different paperwork requirements to determine if you are legally present in US. If you are, then you have the right to own a gun if you want to.

Firearms ownership usually begins by you applying for a FOID card. FOID is Fire-arm Ownership Identification Card. You can find a form to fill out this paperwork at any place that sells guns. For example, shooting ranges, Sportsman's Warehouse, REI, they all sell guns and so they have forms that they can help you fill out to get FOID card. Once you get FOID card, you can buy a gun. FOID card may be called by a different name in different states, I live in Illinois, here its called FOID card. If you have a criminal history, then you may be denied this card depending on which state you live in.

Documents required for FOID card or gun permit maybe :

Passport, I-94, Alien number, valid visa, driver's license, proof of residence (utility bill). This list may vary, check your state's websites. Some states require you to live in that state for 6 months before you can own a gun.

Some states also have a one-week waiting period between applying for license and buying a gun. In California, you have to wait one week before you can buy a gun. You cant just go there, apply for permit and buy a gun in one day. This law may be there to prevent aggravated behavior as a person is likely to cool off anger or aggravation in 7 days. Depends again, on your state.

What kind of guns : In most states (I think all states), fully automatic guns are illegal and are not sold. Silencers are also illegal and not sold I think. Also, if you buy a shotgun (which is easier to use as you dont have to aim, it shoots pellets, not bullets, but a dozen or so, so its easier to aim), then the length of the barrel has to be certain inches (depending on state). If you saw it off, then its illegal. (because its easier to hide sawed off shot guns, hence illegal).

How you carry around the guns is also governed by local laws. There is a separate permit to carry guns in a concealed manner- concealed license. If you dont have such permit, then you have to carry your gun in such a manner that its visible to everyone. In some states, even that may not be legal, I dont know, check your states laws.

Legal use of guns and type of self-defense : This varies by state. For example, in Texas, I think, (not sure) it is legal to shoot a person who is running away from your or your neighbor after stealing something or robbing you. Even if that person no longer poses a threat to your life or property and running away from you, if he stole something from you or your neighbor, you can shoot him. (this has actually happened in Texas, where a guy shot a person running out of a neighbors home after stealing something). In some states, you can shoot someone only if that person is posing an immediate threat to you. If a person is of immediate threat, but if you are in a position to run away from him/her to safety, then you cannot shoot that person. Again, depends on your state.

Should you buy, and what should you buy : This depends on your requirements. If you live in a isolated remote jungle somewhere, if you dont feel safe, then maybe. But if you are eligible to buy, and if you do buy, then here are the tips you may want to follow :

1. Choose carefully, as guns are expensive.
2. Buy a safe first, where you can keep guns safely away from children.
3. Take classes, or learn from a friend at a shooting gallery. Even basic usage of gun is risky if you dont know what you are doing.
4. Keep your permit up to date, renew when neccesary. If you move to another state, you have to re-register your guns in that state. Check procedures for moving with your state authorities, as I think its illegal to just move with guns from one state to another.
__________________
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  #9 (permalink)  
Old 01-15-2009, 04:59 PM
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Default

Quote:
Originally Posted by Humhongekamyab View Post
I went through the Federal Firearm Law and here is what I found:

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(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)));

-----------------------------------------------------------------------------------------------

(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.—
(1) Definitions.— In this subsection—
(A) the term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term “nonimmigrant visa” has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).

(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;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;

101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.

As per my understanding, if you are legally in the US, you can own a small firearm...walk into a store and tell them u need a gun and they will tell u what paper work you need or go to your local police station and ask the requirements. You can find out more details on NRA [national rifle association] website
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  #10 (permalink)  
Old 01-15-2009, 05:07 PM
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Default Where were you Logic Life in 2008 ?

Welcome back LogicLife - Didn't see your sharp & to the point posts in for a long time in 2008 !! Though i've withdrawn myself also mostly the 3rd and 4th quarter of 08.

If my observations are correct - to update you - IV is no longer just immigration forum - here i see discussions from "Israel-Gaza conflict" to "stolen cats"... How does that feel ?

Quote:
Originally Posted by logiclife View Post
Hi,

DISCLAIMER: I am not a lawyer and none of the below is legal advice. This is just to give you can idea. You should consult with lawyer or your state's authorities for laws pertaining to your state regarding gun ownership and license.

.........................


1. Choose carefully, as guns are expensive.
2. Buy a safe first, where you can keep guns safely away from children.
3. Take classes, or learn from a friend at a shooting gallery. Even basic usage of gun is risky if you dont know what you are doing.
4. Keep your permit up to date, renew when neccesary. If you move to another state, you have to re-register your guns in that state. Check procedures for moving with your state authorities, as I think its illegal to just move with guns from one state to another.
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  #11 (permalink)  
Old 01-15-2009, 05:21 PM
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Default My experience

I have purchased 4 firearms during my nonimmigrant status, including a handgun. Nonimmigrants can generally not own firearms in the US. Though, there is an exception to the law if you possess a valid hunting license and have resided in the US for more than 90 days. I took a hunting class, which was a prerequisite for the hunting license and also had very good firearm safety information.

For long-guns, you will need some paperwork before you go to the gunshop (utility bills from at least last 90 days, hunting license, Driver's license, your I-94 number). The background check will probably be delayed a day or two while FBI checks your immigration status. Your gun seller will call you when they get the ok.

For handguns, there may be additional paperwork. I had to apply for handgun permits with the local sheriff's office. The person you first deal with will probably be unaware of the exception for individuals with hunting licenses. You will probably need to take a copy of the law (ICE has a pamphlet on firearm laws for nonimmigrants, take a copy with you) and talk to a supervisor. Once you get the permit you take the permit and your DL to the gun seller plus all the paperwork I listed for long gun purchase. Let me know if you have additional questions. Good luck.


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.
__________________
India EB2; PD: July 2003, Service Center: NSC
LC approval: Mar 2007
140/485 filed concurrently: June 28, 2007
Receipt Date: 29th June, 2007
Notice Date: 25th July, 2007
140 approved: Aug 28, 2007
FP: Sep 4, 2007
EAD and AP approved in Oct 2007
485 approved May 2008
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  #12 (permalink)  
Old 01-15-2009, 05:51 PM
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Default In Nevada.

Quote:
Originally Posted by apatel_17 View Post
I have purchased 4 firearms during my nonimmigrant status, including a handgun. Nonimmigrants can generally not own firearms in the US. Though, there is an exception to the law if you possess a valid hunting license and have resided in the US for more than 90 days. I took a hunting class, which was a prerequisite for the hunting license and also had very good firearm safety information.

For long-guns, you will need some paperwork before you go to the gunshop (utility bills from at least last 90 days, hunting license, Driver's license, your I-94 number). The background check will probably be delayed a day or two while FBI checks your immigration status. Your gun seller will call you when they get the ok.

For handguns, there may be additional paperwork. I had to apply for handgun permits with the local sheriff's office. The person you first deal with will probably be unaware of the exception for individuals with hunting licenses. You will probably need to take a copy of the law (ICE has a pamphlet on firearm laws for nonimmigrants, take a copy with you) and talk to a supervisor. Once you get the permit you take the permit and your DL to the gun seller plus all the paperwork I listed for long gun purchase. Let me know if you have additional questions. Good luck.
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.
__________________
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Status : I-485 pending, PD Nov 2004, EB3 - India.
--------------------------------------------------
Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion.
- Steven Weinberg, Nobel Prize winning physicist.
--------------------------------------------------
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  #13 (permalink)  
Old 01-15-2009, 05:59 PM
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Default

Quote:
Originally Posted by Humhongekamyab View Post
No one. Just want to exercise my right to bear arm under Constitution's Second Amendment .
Don't go for gun even after you get green card. You can think about it after your citizenship. Green is just another type of visa which can be taken away. You right are fully protected only after you become a citizen. Even there also there is a catch in case of Naturalized of the govt wants to go after you you cant dig you history and find a violation and based on that void the CG you got and the citizenship.

Last edited by go_guy123; 01-15-2009 at 07:14 PM.
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  #14 (permalink)  
Old 01-15-2009, 06:10 PM
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apatel_17 will become famous soon enough
Default My experience

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....

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.
__________________
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LC approval: Mar 2007
140/485 filed concurrently: June 28, 2007
Receipt Date: 29th June, 2007
Notice Date: 25th July, 2007
140 approved: Aug 28, 2007
FP: Sep 4, 2007
EAD and AP approved in Oct 2007
485 approved May 2008
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  #15 (permalink)  
Old 01-15-2009, 06:21 PM
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Default Even citizenship can be revoked.

Quote:
Originally Posted by go_guy123 View Post
Dont go for gun even after you get green card. You can think about it after your citizenship. Green is just another type of visa which can be taken away. You right are fully protected only after you become a citizen. Even there also there is a catch in case of Naturalised of teh govt wants to go after you you cant dig you history and find a violation and base don that void te GC you got and teh citizenship.
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.
__________________
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Status : I-485 pending, PD Nov 2004, EB3 - India.
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Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion.
- Steven Weinberg, Nobel Prize winning physicist.
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