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
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vxg
09-10 11:55 AM
One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
valuablehurdle
06-21 01:16 PM
My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.
Labor filed: April 15th, '07 EB2 'In Process'
Labor filed: April 15th, '07 EB2 'In Process'
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jasmin45
08-02 03:49 PM
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.
I am not sure about the other service centre. Sorry dudes.
This is great first step! Many more to cross over! :) . Think about the USPS or other carrier who will be delivering these tons of letters.. I hope the mountain of receipts will not be a overwhelming factor for them.
more...
Mouns
04-30 03:19 PM
Born in China, you can't get a Visa, even if you have a job not fillable by an US guy. And same thing if you are spouse,child you need to wait for years.
Can we estimate what kind of relief would be given in these cases?
Openheim: 225K recaptured GC family and Employment. Would provide some relief, not a lot!. As for family, about 50GC would go the husband and wife. it would be a first step.
Lowsy job and recapturing wouldn't help a lot! needs to explore other possibilities...
Can we estimate what kind of relief would be given in these cases?
Openheim: 225K recaptured GC family and Employment. Would provide some relief, not a lot!. As for family, about 50GC would go the husband and wife. it would be a first step.
Lowsy job and recapturing wouldn't help a lot! needs to explore other possibilities...
NKR
01-06 09:40 PM
"If you have a cogent argument, you can present it. It will be judged by its merits.
Ad hominem arguments and irate calls to close the thread do not go a long way in proving your point (as much as I can make out there is one in the first place)"
I have a cogent argument but I know that this is not the forum for putting that across.
You are right, I do have a point and that is not to let someone throw in unsubstantiated statistics to bring bad name to some Indian universities.
Now you go ahead and say what you think is right, but I rest my case here.
Ad hominem arguments and irate calls to close the thread do not go a long way in proving your point (as much as I can make out there is one in the first place)"
I have a cogent argument but I know that this is not the forum for putting that across.
You are right, I do have a point and that is not to let someone throw in unsubstantiated statistics to bring bad name to some Indian universities.
Now you go ahead and say what you think is right, but I rest my case here.
more...
piperwarrior
07-23 05:09 PM
EB-2, National Interest Waiver, Indian
I-140 and I-485 applied together
RD: 9/30/05 (VSC, transferred to NSC)
ND: 10/16/05
PD: 9/30/05
FP: Initially done in Dec 05, then did it again in May 07 (not sure why twice)
AD: 7/23/07
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
I-140 and I-485 applied together
RD: 9/30/05 (VSC, transferred to NSC)
ND: 10/16/05
PD: 9/30/05
FP: Initially done in Dec 05, then did it again in May 07 (not sure why twice)
AD: 7/23/07
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
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shantak
07-18 01:33 PM
I made the next payment of $100.00
Google Order:613953234192030
Total Contributions: $350.00
I will contribute more periodically
Thanks
Google Order:613953234192030
Total Contributions: $350.00
I will contribute more periodically
Thanks
more...
seahawks
09-09 11:55 PM
and i am NOT the real Lou Dobbs. But in all seriousness guy, I think we really have to wake up. We are illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Wish you could attend the rally. "Waking up" equals coming to the rally:) Thank you for contribution, appreciate very much.
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
Wish you could attend the rally. "Waking up" equals coming to the rally:) Thank you for contribution, appreciate very much.
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jcrajput
09-11 03:49 PM
I don't understand how they calculate PD dates?
Can anyone help me here please?
Thanks
Can anyone help me here please?
Thanks
more...
yabadaba
08-02 08:15 PM
Pappu...emailed it to u. Core IV let me knoe if u want it.
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santb1975
05-23 12:56 AM
Thanks a lot for your one time and recurring contributions
I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.
I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.
more...
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yestogc
06-11 08:56 PM
I am loving this post now ..................... mangoes ............. GC
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brav
07-19 09:42 AM
Just contributed $100
I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.
Google Order #831603791059224
I think IV has done a lot in just 19 months and with the core team, who understands every issue (BEC, retrogression, namecheck, etc) and working diligently to bring a practical solution, should bring a sense of comfort to all of us that our prayers are answered in the form of IV.
Google Order #831603791059224
more...
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qplearn
12-18 05:46 PM
what will be will be
let's not lack in our efforts though
there are two campaigns underway:
add a member and
contribute at least $20
by Dec 31
funds and members...are the key to our success
please join us in both campaigns
Thanks!
It will help if we know exactly how much more money is demanded by our lobbyst. Obviously, the money goes primarily to them.
let's not lack in our efforts though
there are two campaigns underway:
add a member and
contribute at least $20
by Dec 31
funds and members...are the key to our success
please join us in both campaigns
Thanks!
It will help if we know exactly how much more money is demanded by our lobbyst. Obviously, the money goes primarily to them.
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bombay
02-09 09:39 PM
When a girl comes to US for a job as a nurse and starts earning a good salary. The parents try to get some money from her. they build good house to make a show. Once the money starts pouring in, the (brother)son wants to do some business, build a house, the relatives start. My wifes relatives (dad's sisters) called up for money. " you guys are earning good in US, we want to build a house. When can you send me couple of lakhs".
I hate south indian nurses who came to US alone for jobs and more than that their parents who send them to earn money. I married a south indian nurse. The expectation from a daugther is more than a son because they tell their daughters once you become a nurse and go to US/UK or elsewhere i will start a business. "Our neighbour's daughter is in UK and they have a good house." Another great thing is once the girl is a nurse, guys come running to marry them and enjoy their life raising kids and the wife works at the hospital. I know several guys who got a green card through a nurse, works part time and take care of the kids. In that case the girl buys property at her dads house settles under her dad's wishes and should not do so when they married a person who earns the same salary as hers.
I really don't understand the meaning of marriage if its like a slavery.
My suggestion to those who are not married,
Marriage is very good if both of them know their responsibilities. Before marriage know each other for more than 3 years then get married. talk about whats their thinking about marriage. IS she going to change her last name after marriage. This seems small but the surroundings make the life miserable after some years. How are you going to control the finances etc..
As one of the old hindi dialogues, before marriage ... like moon(chand), after marriage .. like suraj (sun) and after having a baby - like a fire(juala).
I hate south indian nurses who came to US alone for jobs and more than that their parents who send them to earn money. I married a south indian nurse. The expectation from a daugther is more than a son because they tell their daughters once you become a nurse and go to US/UK or elsewhere i will start a business. "Our neighbour's daughter is in UK and they have a good house." Another great thing is once the girl is a nurse, guys come running to marry them and enjoy their life raising kids and the wife works at the hospital. I know several guys who got a green card through a nurse, works part time and take care of the kids. In that case the girl buys property at her dads house settles under her dad's wishes and should not do so when they married a person who earns the same salary as hers.
I really don't understand the meaning of marriage if its like a slavery.
My suggestion to those who are not married,
Marriage is very good if both of them know their responsibilities. Before marriage know each other for more than 3 years then get married. talk about whats their thinking about marriage. IS she going to change her last name after marriage. This seems small but the surroundings make the life miserable after some years. How are you going to control the finances etc..
As one of the old hindi dialogues, before marriage ... like moon(chand), after marriage .. like suraj (sun) and after having a baby - like a fire(juala).
more...
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Imigrait
01-29 07:33 PM
Applied for AP - Aug.16 with NSC
The funny thing is,that as with EAD card,in a day after I subscribed for e-mail update with USCIS they send me e-mail that my AP and family members have been mailed.
LUD on AP Jan 23. AP on hand Jan.28.
Hi NeoKlaus,
Do you know what your Notice Date was?
Thanks.
The funny thing is,that as with EAD card,in a day after I subscribed for e-mail update with USCIS they send me e-mail that my AP and family members have been mailed.
LUD on AP Jan 23. AP on hand Jan.28.
Hi NeoKlaus,
Do you know what your Notice Date was?
Thanks.
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calgirl
09-10 08:26 PM
Is there any way of knowing how many visas (for GC) are left for this year?
When will we know how many GC's were issued (Employment based) this year?
When will we know how many GC's were issued (Employment based) this year?
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texcan
09-11 02:24 PM
Moderators,
How far are we from tally.
Also important is to get petition signatures for rally.
How far are we from tally.
Also important is to get petition signatures for rally.
jungalee43
03-05 08:31 PM
My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
anantc
05-04 02:05 PM
Contacted and spoke to Secretary of following Senators:
Senator Chuck Schumer (New York)
Senator Patrick Leahy (Vermont)
Senator Dianne Feinstein (California)
Senator Bob Menendez (New Jersey)
Each one said that Senator is in the process of framing the Bill/Reform and working on it.
Keep going IV and its members, We can do it.... again.
Senator Chuck Schumer (New York)
Senator Patrick Leahy (Vermont)
Senator Dianne Feinstein (California)
Senator Bob Menendez (New Jersey)
Each one said that Senator is in the process of framing the Bill/Reform and working on it.
Keep going IV and its members, We can do it.... again.
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