mbawa2574
07-06 01:56 PM
Guys for sake of transparency and moving ahead with a change, we should hold elections for the core team. Lobbying efforts are not working at all.
wallpaper 2005 Honda CBR 600 RR - West
addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
485Mbe4001
08-13 04:37 PM
Till last year EB 3 would get additional visa from the leftovers of ROW, both EB2 and EB 3-I would benefit from the ROW visia, now all the visas are going to EB2, so i agree with you, there is little hope for EB 3.
Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.
EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.
Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.
EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.
2011 fltjnky16#39; 2004 Honda CBR600RR
mirage
08-21 08:03 AM
Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
more...
NKR
01-06 07:38 PM
By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.
I do not know how this discussion is going to help our cause.
Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.
I do not know how this discussion is going to help our cause.
Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.
jediknight
04-30 09:38 AM
Thanks Pappu and the other IV folks. Will be contacting the senators today.
Congress111 for iPhone, iPod touch, and iPad on the iTunes App Store (http://itunes.apple.com/us/app/congress111/id349889282?mt=8)
I am not affiliated to the creator of this app in any way but this is a neat little app that also lets you send messages to senators and congressmen.
Congress111 iPhone Application Screenshots � Mike's Dev Blog (http://mikebluestein.wordpress.com/2010/01/16/congress111-iphone-application-screenshots/)
- JK
Congress111 for iPhone, iPod touch, and iPad on the iTunes App Store (http://itunes.apple.com/us/app/congress111/id349889282?mt=8)
I am not affiliated to the creator of this app in any way but this is a neat little app that also lets you send messages to senators and congressmen.
Congress111 iPhone Application Screenshots � Mike's Dev Blog (http://mikebluestein.wordpress.com/2010/01/16/congress111-iphone-application-screenshots/)
- JK
more...
baburob2
03-09 09:22 AM
Title 1 amendments are done and have moved to Title 2 for discussion. The ones important to us is in Title 4,5.
2010 2007 Honda CBR600RR Pearl
ragz4u
03-08 01:13 PM
Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration
Senator Coburn is asking for an amendment (#06175) expedited removal of Illegal aliens
Senator Kyl wants some barrier in certain cities of Arizona
Senator Coburn is asking for an amendment (#06175) expedited removal of Illegal aliens
Senator Kyl wants some barrier in certain cities of Arizona
more...
anyluck?
12-10 07:00 PM
Repenting that i miised the chance, and should have applied at that time.
hair 2007 HONDA CBR600RR
meridiani.planum
04-01 07:02 PM
Who are we to investigate how the USCIS is functioning?
paying customers.
paying customers.
more...
punjabi
08-02 06:17 PM
Hi Niklshah,
What time did your application reach NSC?
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
What time did your application reach NSC?
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
hot HONDA CBR600RR Picture
nyte_crawler
04-25 01:06 PM
It's hard to believe that folks dont know anything about the Green-Card process when they come in. Let us say that you are right on, but they would have eventually figured it out by the end of couple years. I believe it is the situations like layoffs, move from one company to other for better prospects and salary will make them to enter the process late. It is their personal choice and I don't question that. But I believe they had options to apply for GC early in the process and they did not. So why penalize others who did before them. Please don't think Iam saying this because I entered late. I came during early 1998 and I did wait for 4 years to apply.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
more...
house 2006 Honda CBR 600 RR
eager_immi
07-05 01:04 PM
do u have the list of email addresses? I sent an email to all 100 senators, hopefully they will reply.
tattoo Honda CBR 600 RR Movistar 2006
waitin_toolong
07-30 04:37 PM
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
Maybe he needs to go higher sometimes these officers dont understand that I-94 is all that counts. they might need some intervention to explain things you might also need to check the rules on the relevant DMV websites and quote thoses.
States have a lot of discretion when it comes to rules they frame with regards to DL's
Any one in NC have any suggestions?
Maybe he needs to go higher sometimes these officers dont understand that I-94 is all that counts. they might need some intervention to explain things you might also need to check the rules on the relevant DMV websites and quote thoses.
States have a lot of discretion when it comes to rules they frame with regards to DL's
more...
pictures 2005 Honda CBR 600RR
bondgoli007
07-05 05:32 PM
I am very intrigued by this thread and I would love to see a change in status quo too. However, I am missing one very important piece of information....Who are the proposed candidates and what is their agenda??
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
The idea is very brillinat and this actually benefits the current IV core too.
Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
So the current IV core can support the new commitee and take their help to take the organisation forward.
And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.
usually, a non-profits exec committee is elected by its members.
for eg. the 2009 members (paid), can vote for the IV president and the committe.
it doesnt make sense for evey EB immigant to go and start a new non-for-profit.
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
The idea is very brillinat and this actually benefits the current IV core too.
Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
So the current IV core can support the new commitee and take their help to take the organisation forward.
And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.
usually, a non-profits exec committee is elected by its members.
for eg. the 2009 members (paid), can vote for the IV president and the committe.
it doesnt make sense for evey EB immigant to go and start a new non-for-profit.
dresses HONDA CBR600RR (PIEDMONT)
santb1975
06-04 01:49 PM
Thanks for your contribution
I Contributed $ 100.00 Now.
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I Contributed $ 100.00 Now.
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more...
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punjabi
09-10 08:59 PM
Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?
I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.
And I strongly believe that higher is the volume of the prayers, sooner they get answered.
I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.
And I strongly believe that higher is the volume of the prayers, sooner they get answered.
girlfriend Pictures of 2004 Honda CBR 600
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), 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.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), 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.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
hairstyles Honda+cbr600rr+green
himu73
09-09 11:44 AM
Good analysis. How long did you take to put this together this comparison?
Sorry wrong post
Sorry wrong post
pankajkakkar
08-08 12:17 PM
Stuck for years
In the debate over illegal immigration, don't forget the many legal immigrants waiting for their turn.
by Pankaj Kakkar
Legislators in Congress are as divided over the issue of illegal immigration as Americans are. Opinions are strong, debate is passionate, and no end is in sight. Proponents of quick reform, from both sides of the divide, stress the urgency of the issue and the need for a solution soon. In this debate, however, the plight of legal immigrants is forgotten.
The path to legally acquiring US residency and eventual citizenship is long and unnecessarily complicated, yet many deserving immigrants attempt it every year. Legal immigrants are roughly divided into two categories - family based immigrants and employment based immigrants. These immigrants face years of waiting due to anachronistic laws, discriminatory quotas, onerous bureaucratic hurdles and paper files needlessly being pushed through the system. They also face mounting legal and other tangible and intangible costs. Through all this, they work hard, pay their taxes, and live upright, lawful lives. It is in the interest of the United States as a whole, and Americans individually, to expedite the immigration process for both employment based and family based immigrants.
The benefits are easier to see for employment based immigration. This category has attracted the best researchers and entrepreneurs of the world for the last half century. Immigrants from this category have started companies that employ hundreds of thousands of Americans (with some of these companies featured in the Fortune 500 list). Others have done research and invented technologies that have earned them the highest awards in their fields, such as the Nobel Prize. Even those who haven't been as successful have been an indispensable part of America's economic growth and progress, especially in technology, over the last half century. In my country of birth, India, the phenomenon of the best minds leaving for the US was called the "brain drain" - it isn't hard to see that India's "brain drain" is but America's "brain gain".
Family based immigrants also benefit the US, although in less economically tangible ways. The best minds of the world, immigrating to the US through the first category, would be most comfortable and most productive in an environment where they're close to their family. These family members themselves contribute to American society by being productive, law abiding, and patriotic citizens.
Typical legal immigrants have to wait 5-10 years, and some family based immigrants as long as 20-25 years, before they can even get a Green Card, after which another 5 year wait for acquiring citizenship ensues. These long waits have already persuaded several potential immigrants, many of whom could have been founders of Fortune 500 companies or Nobel Prize winners themselves, to go back to their countries of origin. Quite a few have also immigrated or are considering immigrating to countries where immigration laws are friendlier and less bureaucratic, such as Canada, Ireland and the U.K. While legal immigrants benefit the United States greatly, America does them, and herself, a disservice by making them suffer through an interminable immigration process and countless bureaucratic hurdles. America can and should do right by them.
Congressman Shadegg (R-AZ) has introduced a bill, called the SKIL (Securing Knowledge, Innovation and Leadership) Act, in the House of Representatives. This bill, which has 9 Republican co-sponsors, including Congressman Mike Pence (R-CO), a leader on the issue of immigration, will significantly ameliorate the wait times and hurdles that legal immigrants face, while also benefiting the American economy by making sure that the technology leaders of tomorrow innovate and invent in the United States, and not elsewhere in the world. A similar bill has already passed the Senate. The House should consider it soon, and pass it as well.
=================
Added by pappu
Published on oct 02, 2006
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
http://news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
In the debate over illegal immigration, don't forget the many legal immigrants waiting for their turn.
by Pankaj Kakkar
Legislators in Congress are as divided over the issue of illegal immigration as Americans are. Opinions are strong, debate is passionate, and no end is in sight. Proponents of quick reform, from both sides of the divide, stress the urgency of the issue and the need for a solution soon. In this debate, however, the plight of legal immigrants is forgotten.
The path to legally acquiring US residency and eventual citizenship is long and unnecessarily complicated, yet many deserving immigrants attempt it every year. Legal immigrants are roughly divided into two categories - family based immigrants and employment based immigrants. These immigrants face years of waiting due to anachronistic laws, discriminatory quotas, onerous bureaucratic hurdles and paper files needlessly being pushed through the system. They also face mounting legal and other tangible and intangible costs. Through all this, they work hard, pay their taxes, and live upright, lawful lives. It is in the interest of the United States as a whole, and Americans individually, to expedite the immigration process for both employment based and family based immigrants.
The benefits are easier to see for employment based immigration. This category has attracted the best researchers and entrepreneurs of the world for the last half century. Immigrants from this category have started companies that employ hundreds of thousands of Americans (with some of these companies featured in the Fortune 500 list). Others have done research and invented technologies that have earned them the highest awards in their fields, such as the Nobel Prize. Even those who haven't been as successful have been an indispensable part of America's economic growth and progress, especially in technology, over the last half century. In my country of birth, India, the phenomenon of the best minds leaving for the US was called the "brain drain" - it isn't hard to see that India's "brain drain" is but America's "brain gain".
Family based immigrants also benefit the US, although in less economically tangible ways. The best minds of the world, immigrating to the US through the first category, would be most comfortable and most productive in an environment where they're close to their family. These family members themselves contribute to American society by being productive, law abiding, and patriotic citizens.
Typical legal immigrants have to wait 5-10 years, and some family based immigrants as long as 20-25 years, before they can even get a Green Card, after which another 5 year wait for acquiring citizenship ensues. These long waits have already persuaded several potential immigrants, many of whom could have been founders of Fortune 500 companies or Nobel Prize winners themselves, to go back to their countries of origin. Quite a few have also immigrated or are considering immigrating to countries where immigration laws are friendlier and less bureaucratic, such as Canada, Ireland and the U.K. While legal immigrants benefit the United States greatly, America does them, and herself, a disservice by making them suffer through an interminable immigration process and countless bureaucratic hurdles. America can and should do right by them.
Congressman Shadegg (R-AZ) has introduced a bill, called the SKIL (Securing Knowledge, Innovation and Leadership) Act, in the House of Representatives. This bill, which has 9 Republican co-sponsors, including Congressman Mike Pence (R-CO), a leader on the issue of immigration, will significantly ameliorate the wait times and hurdles that legal immigrants face, while also benefiting the American economy by making sure that the technology leaders of tomorrow innovate and invent in the United States, and not elsewhere in the world. A similar bill has already passed the Senate. The House should consider it soon, and pass it as well.
=================
Added by pappu
Published on oct 02, 2006
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
http://news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
makemygc
07-06 03:29 PM
There are many members who think IV and other members are fighting for re-reversal of VB or increase in visa number for 2007....
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
why dont they understand that we are fighting to avoid rejection, we are not asking them to re-revise bulletin, all we want is just accept the application without rejecting them, so that we can save ourselves from loosing money and time. dont make fun of IV and other members who's putting their efforts in it, no matter what the result is. if you dont want to participate please stop visiting this forum.
Paisa you too man.
I don't mean to disrespect you but I guess you are going too far with your words. We are with IV much before you born..ok so do not dare teach us what we should be doing, with your 49 posts.
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
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