mdmd10
07-23 03:56 PM
It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
ssk1127
08-23 06:14 PM
I am just a reader of IV but this article made me to reply and below are my thoughts regarding the PM
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
BECsufferer
03-04 12:55 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
A loan application can be denied for any reason and as amatter of fact due to current financial mess, lenders are very wary. So don't be surprised by denial. Try another place.
I secured loan after 2.5 months of constant battle. My lender tried all possible means to discourage me and only after I fired-back with technical arguments did they clear my loan. But than I was also asking for 5% down, which nowdays is no more entertained by lenders.
Try different sources and atleast you have the house in possesion. You will get a new lender, don't worry!
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
A loan application can be denied for any reason and as amatter of fact due to current financial mess, lenders are very wary. So don't be surprised by denial. Try another place.
I secured loan after 2.5 months of constant battle. My lender tried all possible means to discourage me and only after I fired-back with technical arguments did they clear my loan. But than I was also asking for 5% down, which nowdays is no more entertained by lenders.
Try different sources and atleast you have the house in possesion. You will get a new lender, don't worry!
eers
07-20 02:21 PM
You are forgetting spouses , EB-1 and in some cases 18+ years children.
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
not every h1 guy can or will apply for GC. For example many of this big indian IT companies, with lot of H1s in hand, either dont apply GC for employees or they have very strict policies so that most dont qualify.
I know for sure , coz i am a victims of such situation :)
Also quota in 2001, 2002 and 2003 was 195K and not 65 K
not every h1 guy can or will apply for GC. For example many of this big indian IT companies, with lot of H1s in hand, either dont apply GC for employees or they have very strict policies so that most dont qualify.
I know for sure , coz i am a victims of such situation :)
more...
nandini
09-06 09:29 AM
15 years and 2 months. Arrived in US in June 1995. Includes 6 years on J1 and 9 years on H1. Been thru all possible problems-employer closing shop in the middle of waiver, scrambling to find another waiver position, labor stuck in back log , lost priority date, new PERM and labor from 2006 and then applied 485 in july 2007 .
I made a lot of mistakes, lost opportunities but there there were a lot of things beyond my control...
Received approval email on 9/4/2010
I made a lot of mistakes, lost opportunities but there there were a lot of things beyond my control...
Received approval email on 9/4/2010
akhilmahajan
10-25 11:15 PM
Same with me. I hope people understand that this is a serious issue.
GO I/WE GO
GO I/WE GO
more...
smuggymba
08-23 08:06 AM
This line is not good:
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
Alien
04-25 12:35 PM
This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.
Interesting!!!
Interesting!!!
more...
ilikekilo
04-30 05:09 PM
Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:
how do u know if someone gives u red?
how do u know if someone gives u red?
gaz
08-26 12:14 AM
could you please provide some reference or more detail to this?
Not sure about which bank would be good but whichever bank you choose make sure that they give you a statement of how much interest you paid over the year. Most people don't realize that you can deduct interest paid for a home loan in India is tax deductible in the US. Just FYI.
Not sure about which bank would be good but whichever bank you choose make sure that they give you a statement of how much interest you paid over the year. Most people don't realize that you can deduct interest paid for a home loan in India is tax deductible in the US. Just FYI.
more...
TeddyKoochu
12-11 10:58 AM
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
kate123
02-25 05:17 PM
I would be the most happiest person if that happens :D
i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.
Thank's
mdix
i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.
Thank's
mdix
more...
snathan
08-23 10:47 PM
I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business
To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.
You can go ahead and recommend against EB3 BSc BCom losers, as it is your business
To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where you find the information “close the door”. All we are saying is to close the loophole. There are genuine people getting the Eb1C and no one is complaining about it. We are all bothered only when your so called multinational exploiting it.
chanduv23
06-06 10:04 AM
Come on IV heros - you can do it. Lets push this thread on top
more...
bombay
02-08 10:07 PM
Hi,
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
I am in the same boat as yours. Let me tell you my story and my ways. I hope you may get some idea but it does not mean you can do the same.
I am a hard working guy, IIT bombay and came to US on 2002( H1B). Prior to that i have a self start business with employees working in India.
The company where i am working was giving me a tough time with deadlines and i used to work 110 hours every week. I managed to get 1 month vacation in december and start searching for someone from shaadi.com. I had a list of 10 girls born in india(nurse, GC holders) so i started approaching each that i am going to india to get married The first few rejected me and one accepted and i have to book her tickets to india and do all the marriage expenses. The girls parents did not give a penny not purchased few dress for the girl to come and stay in my house for 3 days. My in laws demanded my parents that i should stay at their house for 7 days so i did. During the stay they pointed errors on me and the same thing happened when i came to US with my wife. I was tensed, started skipping lunch and working hard with couple of coffee. At last i was unable to concentrate on my work and used to get drowsy at work. Meantime when i stayed at her parents house they wanted the daughters to buy a house near to their house and after few years come back to india. Which i told a straight NO. After coming to US my wife send $34.5K to india to buy land as forced by her dad. and after one more year her dad asked for 10 lakhs more. Which she send to her dad. They had purchased a house in her brothers name at this point. From marriage till now, we don't have a common bank account, no same last name (its now 2 years after marriage)., I have no idea about her money nor her bank accounts nor credit cards. She has asked me for divorce 2 times, first time after 1 month and later after 3 months after mariage and last month her dad and her brother are asking for a divorce. Her brother send me one email that my side was asking dowry and second email that i am harrasing her. Her brother have send me a intelligent email that can be used against me for divorce or putting me behind bars.
What i understand from the issues,
1. If your in laws are uncultured. Whenever you talk use some bad words. No matter what happens.
2. If they ask you for divorce, tell that you are ready Lets do it today. download the divorce forms from the website and tell that you would gladly do whatever the court tells you to do. you will opt for joint custody of the baby and she has to pay you child compensation as per the laws of united states. (since you have spend more than 1 year in US so you can take divorce here).
3. If you have to send money to your parents send it. you are a guy and have to take care of your parents. Marriage does not have a meaning if both sides don't work at it and divorce is very common in US. If not today then tommorrow the day will come.
4. Be bold. don't make your weakness take control over you. If you think you want to move out to a appartment move out. If you think you want to come home and lock yourself in a room till next day do it.
5. Learn spouse abuse terms and battery types from the internet. Never do anything that will cross that line. My wife started threatingme about spouse abuse just one month after marriage. I started avoiding her totally. My famous dialogue I don't care.
6. Explain your wife, You know men are weak and i will do everything that is as per law. If we get into a divorce i will accept it and pay the child support or leave this country. What do you want? Make her feel that she is unsecured.
7. Be careful in laws can be bitches.
Bottomline :- If you get scared, you will ruin your life. the society won't respect you because you will soon gain a bad temper. Nor your wife will stay with you if you are a failure.
Anyway, I am married for 2 years, no kids. Not planning anyway for kids . I pray to god that i don't end up like you. The only positive thing is my wife is a GC holder and earns more than me.
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
I am in the same boat as yours. Let me tell you my story and my ways. I hope you may get some idea but it does not mean you can do the same.
I am a hard working guy, IIT bombay and came to US on 2002( H1B). Prior to that i have a self start business with employees working in India.
The company where i am working was giving me a tough time with deadlines and i used to work 110 hours every week. I managed to get 1 month vacation in december and start searching for someone from shaadi.com. I had a list of 10 girls born in india(nurse, GC holders) so i started approaching each that i am going to india to get married The first few rejected me and one accepted and i have to book her tickets to india and do all the marriage expenses. The girls parents did not give a penny not purchased few dress for the girl to come and stay in my house for 3 days. My in laws demanded my parents that i should stay at their house for 7 days so i did. During the stay they pointed errors on me and the same thing happened when i came to US with my wife. I was tensed, started skipping lunch and working hard with couple of coffee. At last i was unable to concentrate on my work and used to get drowsy at work. Meantime when i stayed at her parents house they wanted the daughters to buy a house near to their house and after few years come back to india. Which i told a straight NO. After coming to US my wife send $34.5K to india to buy land as forced by her dad. and after one more year her dad asked for 10 lakhs more. Which she send to her dad. They had purchased a house in her brothers name at this point. From marriage till now, we don't have a common bank account, no same last name (its now 2 years after marriage)., I have no idea about her money nor her bank accounts nor credit cards. She has asked me for divorce 2 times, first time after 1 month and later after 3 months after mariage and last month her dad and her brother are asking for a divorce. Her brother send me one email that my side was asking dowry and second email that i am harrasing her. Her brother have send me a intelligent email that can be used against me for divorce or putting me behind bars.
What i understand from the issues,
1. If your in laws are uncultured. Whenever you talk use some bad words. No matter what happens.
2. If they ask you for divorce, tell that you are ready Lets do it today. download the divorce forms from the website and tell that you would gladly do whatever the court tells you to do. you will opt for joint custody of the baby and she has to pay you child compensation as per the laws of united states. (since you have spend more than 1 year in US so you can take divorce here).
3. If you have to send money to your parents send it. you are a guy and have to take care of your parents. Marriage does not have a meaning if both sides don't work at it and divorce is very common in US. If not today then tommorrow the day will come.
4. Be bold. don't make your weakness take control over you. If you think you want to move out to a appartment move out. If you think you want to come home and lock yourself in a room till next day do it.
5. Learn spouse abuse terms and battery types from the internet. Never do anything that will cross that line. My wife started threatingme about spouse abuse just one month after marriage. I started avoiding her totally. My famous dialogue I don't care.
6. Explain your wife, You know men are weak and i will do everything that is as per law. If we get into a divorce i will accept it and pay the child support or leave this country. What do you want? Make her feel that she is unsecured.
7. Be careful in laws can be bitches.
Bottomline :- If you get scared, you will ruin your life. the society won't respect you because you will soon gain a bad temper. Nor your wife will stay with you if you are a failure.
Anyway, I am married for 2 years, no kids. Not planning anyway for kids . I pray to god that i don't end up like you. The only positive thing is my wife is a GC holder and earns more than me.
Green.Tech
06-10 02:12 PM
These visa bulletins, and EAD renewals, and H-1B extensions are not going to cut it for those who want GC's sooner than later. Please help IV to help you.
1) Make those ever important phone calls, and
2) Contribute financially
Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!
1) Make those ever important phone calls, and
2) Contribute financially
Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!
more...
Suva
07-23 04:11 PM
Congratulation to you and your family.
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
Green.Tech
06-06 09:35 AM
...and contribute....
needhelp!
09-10 08:08 PM
20000 more to go!
Checks and bill pay please send to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
Please post here when you contribute.
Its great to see the progress and it encourages others to step up and do the same.
WE CAN DO IT!!
Checks and bill pay please send to:
Immigration Voice
PO Box 114
Dayton
New Jersey -08810
Telephone: (202) 386-6250
Please post here when you contribute.
Its great to see the progress and it encourages others to step up and do the same.
WE CAN DO IT!!
Macaca
09-12 04:45 PM
Illegal immigration (of course) is really hot in the VA area. They have had rally's and other events that were reported on front page of Washington Post.
I am locating those reporters. It would help if we read those articles and write something based on the content. Something like: since you reported their rally, please report ours.
I am locating those reporters. It would help if we read those articles and write something based on the content. Something like: since you reported their rally, please report ours.
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