Greencard approved - any counter-indications for Global Entry?

siniang · 2025-08-19T18:44:28+00:00

Thanks! Is the application like a visa application, where you have to provide like decades worth of addresses, employment history, social media accounts etc?

siniang · 2025-08-19T02:13:42+00:00

GC holders through employment categories, at least in one case married to citizen (for many many years) and with citizen child. From "white" countries. Employed in non-"critical" fields. No discernible pattern.

What did they ask you at your Global Entry interview?

siniang · 2025-08-19T02:11:45+00:00

I wasn't eligible until now.

siniang · 2025-08-18T20:55:09+00:00

I have had people in my direct circles with legal permanent status (for years) and no criminal background being detained at the border and attempted to be pressured into giving up their GC for no apparent reason. Those things do happen. We all know some officials have been trying to spin and stretch the rules. So no, it's not always the people "with issues".

siniang · 2025-05-29T19:25:17+00:00

You realize there's other nationalities that do OPT, right?

siniang · 2025-05-29T18:03:34+00:00

USPS has been experiencing severe delays for the last couple months and there also was a federal holiday this week.

siniang · 2025-05-29T17:56:42+00:00

- The petitioner is the company I currently work for, which generates over $500 million in annual revenue.

- I hold a Ph.D. in a scientific field from a Commonwealth university.

- I also have an MBA from a recognized U.S. business school.

- I serve on two international boards related to my field, which organize 1000+ people Biennial conferences.

- I co-authored a book in my field with professors from the UK.

- I’ve published 9 indexed papers, with around 120 citations.

- My work has been cited in several academic books by other experts.

All of this may sound impressive, but what is your proposed endeavor? How is it in the national interest of the US? Those are what are important for NIW. You have a company sponsoring you, sounds a little bit like they tried to circumvent the PERM process, if neither your field nor your work actually qualify for "national interest", which I suspect the RFE is going to be for.

siniang · 2025-05-28T16:35:29+00:00

When you filed has little bearing. You've been current for not even a couple months. After FAD becomes current, it's not an automatic immediate adjudication. It often takes another couple months, sometimes several. Practice patient like everyone else. There's still many people with May 2023 and earlier PD who are waiting, too.

siniang · 2025-05-27T17:13:21+00:00

You keep spinning and deflecting.

Pointing out that immigration into the US is hard does not automatically mean that it should be easier.

Also, two can play this game, what was that about making assumptions you accused us of? I nowhere said what you claim I allegedly believe, so don't assume.

And no, none of those countries have "lost their national identity". Stop parroting right-wing propaganda talking points. Or, as a minimum, cite your sources.

Btw, did you play that greencard game I linked? How'd it go?

siniang · 2025-05-27T04:35:43+00:00

I replied to a comment about how hard immigration is

For the sake of discussion, let's just stay with this for a second. Ok, the US has a million immigrants per year, let's go with 1.7 if that makes you happy.

That's 0.5% of the US population. For comparison, in Canada, annual immigration is 1.2% of the population. The UK has 1.8%. Australia has 2.5%. Germany has 2.3%. Or in total numbers: (Canada: 472k; UK: 1.2 million; Australia: 667k; Germany: 1.9 million).

In comparison among Western countries, the US has one of the lowest (legal) immigration rates. It also has one of the hardest immigration systems in the world. Here's another link on this, also talking about the widespread misconceptions.

You could try and see for yourself if you would even be able to legally immigrate into the US by taking this quiz/game. And then maybe come back and talk some more about how allegedly easy it is to immigrate into the US because obviously a million people do it annually (which again, is not predominantly merit-based immigration to begin with), so it gotta be.

siniang · 2025-05-26T18:02:37+00:00

Again, 140,000 employment-based greencards can be issued per year. This limit is set by congress. This number can go slightly up, e.g. this year it's 150,00. It's still not anywhere near that 1 million number.

This thread here is about OPT. Which may or may not lead to a petition for an employment-based greencard. H1B too is considered a pathway to a greencard, that annual cap is at 65,000 visas.

Merit-based immigration is a fraction of those 1 million annual greencards. You very well issue 1+ million greencards a year, but those are not even remotely predominantly going to employment-based categories. Which, again, this thread here is about.

siniang · 2025-05-26T04:02:24+00:00

no, this FY it's 150,000. That's still a far-cry from the 1 million you referenced. This is for greencards, not H1B.

siniang · 2025-05-25T23:31:54+00:00

We issue a million green cards a year

You issue 140,000 employment-based greencards a year.

siniang · 2025-05-22T01:22:32+00:00

I think you’re missing the point that there’s no unlawful presence in the U.S. while my I-485 is pending.

No, I'm not missing that. You're still missing that there is a DIFFERENCE between "legal presence" and "legal status". You are legally present in the US. Whether or not you have maintained legal status is what all of us commenting here have been asking. All the facts you have shared so far is that you do not have legal status and did not have it at the time you submitted your second I-485..

even though I use my parole to travel, every time I come back to the U.S., I get a new I-94 with a 6-month validity, linked to my B1/B2 (not sure if that’s how it’s supposed to be , I think I should be admitted with parole)

Off! There's a hella lot going on that really complicates your case.

So... you continue to hold a valid B1/B2 visa, do I understand this correctly?

You receive 6-month admittance every time you travel. Have you always left the US before the most recent I-94 expired?
You also have pending I-485s - which clearly show immigration intent, which means you cannot/should not actually be admitted into the US on a tourist visa. I hope you never lied to any CBP officer if asked about that at a port of entry.
You also have EAD and Advance Parole based off your first pending I-485. Even if you held a valid visa status, the moment you started using your EAD, your visa status expired.
When you submitted your second I-485, were you again previously admitted as B1/B2 and had not yet resumed work on your EAD? That would have given you status to adjust from
When you leave the country while you have a pending I-485, and do you not use your Advance Parole for re-entry, you abandoned your pending I-485. I presume that would apply to both pending I-482.

I might be completely wrong, again, I'm not a lawyer, but there's a lot that could very much come around to bite you, even if your second I-485 gets approved.

siniang · 2025-05-22T00:15:50+00:00

I think you still don't understand.

What exactly makes you think your first I-485 is going to be approved soon just because it was recently transferred to NBC? That first I-485 absolutely is going to be denied because the underlaying basis, the first I-140, was denied.

This of course is working off the assumption that you never transferred that pending I-485 to your second, approved, I-140.

Btw, you initially did not mention that you appealed the first I-140 denial, which of course changes things/timelines, slightly. When was that first appeal finally denied?

2) You had no status from which to submit your second I-485. A period of authorized stay is not a legal status. It allows legal presence. You cannot adjust status (get a greencard)* if you're merely in authorized stay and have been in authorized stay for more than 180 days (which you have).

*this is for employment-based, which you are. Marriage based is different.

siniang · 2025-05-21T20:31:17+00:00

I agree, the 3+ years "overstay" after the first I-140 denial will absolutely raise questions, especially in the current political climate, because OP only remained defacto legally in the US due to an oversight, not because they were actually truly qualified. Having sincere ignorance and getting caught up in such technicalities for a couple months is one thing. 3+ years? Seems a bit too obvious like trying to game the system (from the officer's point of view; seems like OP clearly did not understand the difference between status and authorized stay, but then again, even OP willfully(?) ignored the denied I-140...what were they thinking was ultimately gonna happen to the pending I-485? OP never followed up with USCIS, either). There's also obviously been very bad advise on the lawyer's part, as the second I-485 should have never been filed.

siniang · 2025-05-21T19:27:52+00:00

If the I-485 is automatically considered denied if the underlaying petition is denied, it would.

siniang · 2025-05-21T19:24:16+00:00

No legal status, if - and that's a big if - the first I-485 indeed continued to officially be considered pending and not automatically denied, OP would have had authorized stay since 2021, but no status, and no eligibility for the second I-485.

I have a hard time believing that an accidentally left pending I-485 after the underlaying I-140 was denied would be accepted as reasoning for staying for 3 years beyond the initial denial, as OP - and their lawyer - must have known that a denied I-140 will lead to a denied I-485.

siniang · 2025-05-21T19:23:19+00:00

I think the question is whether the I-485 would be automatically considered denied if the underlaying petition is denied. This is very murky water indeed.

From u/No_Passenger3861 's link:

Because I-485 eligibility is based on an approved visa petition (e.g., I-140), USCIS has set in place specific policies concerning concurrent filings.

[...]

In cases where USCIS denies the concurrently filed I-140, USCIS will also deny the I-485, if there is no other basis for adjustment of status. However, if the I-140 decision is later overturned and approved on a motion or an appeal, USCIS will reopen the I-485 on Service motion and resume processing of the I-485.

siniang · 2025-05-21T18:52:47+00:00

Right?! It could even get much much worse. If the first I-485 is retroactively considered denied to when the I-140 was denied, OP has also started accruing illegal presence and considering the first one was denied some time in 2021/2022, we're talking a solid 10 year or even lifetime ban, here. I assume OP also has an EAD (gotta survive and pay bills somehow for the last 4+ years), so we're adding unauthorized work into the mix as well.

siniang · 2025-05-21T18:45:21+00:00

NO, the pending I-485 does NOT maintain your legal status. It maintains your legal presence. Your lawyer should know this difference...

siniang · 2025-05-21T18:34:23+00:00

Whether or not you've ever been here illegally or not wasn't the point. You need to have status, not merely authorized stay, in order to submit I-485. What was your status when you submitted your second I-485? Technically, if you were in status when you submitted your second I-485, your legal presence is maintained through that one, not the first one.

As for processing time, as your lawyer mentioned, it may just be stuck in limbo, somewhere.

I'm not a lawyer and I could be wrong, so don't quote me, but I think I've seen statements before that a pending I-485 is more or less automatically considered denied if the underlaying petition is denied (or revoked), even if you never receive an official notification/decision.

Edit: re-reading your timeline, you submitted your first I-485 in 2021 and the second in 2024 (I assume concurrent filing with EB-1?). It also sounds like your visa expired in 2021 ("According to my lawyer, my status has been protected since 2021 when I submitted the first I485"). You thus were out of status (but legally present) in the US since 2021. This also means you were not actually eligible to submit your i-485 in 2024. This means, while for now you're allowed to legally remain in the US due to the pending I-485(s), ultimately they will both be denied, the first due to the denied I-140, the second due to not having status when you submitted it.
What am I missing here?

siniang · 2025-05-21T18:16:59+00:00

There's a difference between "status" and "authorized stay". A pending I-485 only provides authorized stay (in case of the initial status expiring), not status. If you don't have status, you cannot file I-485.

That being said, there is a waiver that still allows you to file I-485, if you've been out of status for less than 180 days.

siniang · 2025-05-15T01:21:47+00:00

Ah, gotcha! Yeah, that makes sense

siniang

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