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).
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trueguy
12-17 02:27 AM
Pappu,
The data from following thread can be used for this purpose:
http://immigrationvoice.org/forum/showthread.php?t=20798
Thanks.
The data from following thread can be used for this purpose:
http://immigrationvoice.org/forum/showthread.php?t=20798
Thanks.
yabadaba
08-02 08:15 PM
Pappu...emailed it to u. Core IV let me knoe if u want it.
2011 Now this star tattoo wud be
narayan_id
01-05 01:09 PM
Certified Labor
Hi guys here my details,
EB3 RIR
PD Oct 13th 2004 , WV
State labor cleared -WV- Jan 31st 2005
45 day ltr recd 2nd aug 05 replied 4th aug 05
Status certified as of Jan 4th 2007
ETA# P-05117-7xxxx
Best of luck to all.
Hi guys here my details,
EB3 RIR
PD Oct 13th 2004 , WV
State labor cleared -WV- Jan 31st 2005
45 day ltr recd 2nd aug 05 replied 4th aug 05
Status certified as of Jan 4th 2007
ETA# P-05117-7xxxx
Best of luck to all.
more...
chi_shark
09-11 04:59 PM
If you are from india, think of the parrot who can pull out your life from a set of tarot cards... thats how it works!
You just asked the million dollar question. I can tell you with close to a certainty that no one here can give you a 100% correct answer.
You just asked the million dollar question. I can tell you with close to a certainty that no one here can give you a 100% correct answer.
ashutrip
06-25 10:21 AM
As far as I know your country of origin doesn't matter under PERM. Correct me if I'm wrong.
No
No
more...
Mayday
05-09 11:32 PM
Yes, it does. So it's a vertical orientation and says "temporary visitor status expires mm/dd/yyyy" in red.
It would be really interesting to get that law quote, as it might effectively make it impossible to get contract jobs with terms shorter than 12 months (actually even 13 months to be realistic).
It would be really interesting to get that law quote, as it might effectively make it impossible to get contract jobs with terms shorter than 12 months (actually even 13 months to be realistic).
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indio0617
03-09 10:15 AM
Talking about expedited removal for convictions...
more...
gcisadawg
02-08 07:15 PM
Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?
I do agree with your point that information about transactions should be known to both parties. To answer your question, yes, in my opinion, it is perfectly OK for a man to send money to his parents since the man is earning. If the girl earns, she earns that right.
Say, when the couple goes to India for a vacation, I totally support the girl buying gifts similar to what the man has bought for his family/relatives. I also support assistance based on humanitarian needs for girl's parents. ONLY when it is comes to demands of sending monthly allowance or occasional lump sum, a line needs to be drawn.
I do agree with your point that information about transactions should be known to both parties. To answer your question, yes, in my opinion, it is perfectly OK for a man to send money to his parents since the man is earning. If the girl earns, she earns that right.
Say, when the couple goes to India for a vacation, I totally support the girl buying gifts similar to what the man has bought for his family/relatives. I also support assistance based on humanitarian needs for girl's parents. ONLY when it is comes to demands of sending monthly allowance or occasional lump sum, a line needs to be drawn.
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satyasaich
09-29 12:15 PM
You maybe right. Visa numbers are being wasted because of the pressure being put by people wanting their notices. So many people are calling everyday distracting the USCIS employees. Intead of blaming USCIS for it, tracker thread people should also introspect and also be willing to share some of the blame. :D
Resources working on 485, adjustment of status cases are never dragged to answer calls for receipt notices. it's another chain of command, not related to Receipt notices or EADs
Resources working on 485, adjustment of status cases are never dragged to answer calls for receipt notices. it's another chain of command, not related to Receipt notices or EADs
more...
ragz4u
03-09 09:58 AM
As baburob2 mentioned, title 4 and title 5 relate to us legal immigrants. Hopefully the committee will get to that before 1.00 pm since the hearing ends at that time today!
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villamonte6100
04-02 11:58 AM
I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories� This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories� This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
more...
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by_the_bay
07-19 02:13 AM
Just did a paypal payment of $100
Confirmation Number: 42U11755V4035824R.
Great job, IV. I am proud to be a member of this community?
Where can I get an F5 key? :)
Confirmation Number: 42U11755V4035824R.
Great job, IV. I am proud to be a member of this community?
Where can I get an F5 key? :)
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Humhongekamyab
06-11 12:42 PM
Instead of ruining our life running after GC, here are few options
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
Let's stop wasting our time and pages on ALTERNATIVES (Canada, Australia, India, or timbaktu). Those who are serious about the alternatives just opt for those. We are here to fight our case for increased visa numbers and lets do that.
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
Let's stop wasting our time and pages on ALTERNATIVES (Canada, Australia, India, or timbaktu). Those who are serious about the alternatives just opt for those. We are here to fight our case for increased visa numbers and lets do that.
more...
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rockstart
07-11 08:07 AM
Is it really EB2 = 1 June 2006 . I cant beleive my eyes
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khukubindu
01-19 01:06 PM
But I don't have 4 weeks. I have to travel on january 29th.
Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.
Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.
more...
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GCBy3000
07-06 12:15 PM
Look at the mistake again
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
IS THIS A MISTAKE OR REAL
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santb1975
05-29 12:06 AM
They gotto
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slammer
07-11 07:57 AM
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I assume you like the new cutoff-dates ????
Rita ;)
I assume you like the new cutoff-dates ????
Rita ;)
2BeeNot2Bee
09-14 06:45 PM
If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
Ithink PD Porting might be legal at this time but not ETHICAL.
If substitution was unethical, July 07 out-of-turn PD flood which has created a HUGE backlog is unethical, if that is unethical, PD porting is also unethical.
Ithink PD Porting might be legal at this time but not ETHICAL.
If substitution was unethical, July 07 out-of-turn PD flood which has created a HUGE backlog is unethical, if that is unethical, PD porting is also unethical.
Eb3_frustrated
04-25 02:55 PM
learining01
Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...
We need more ideas and more action as we go along.
...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people
Good thing you are doing and not talking, but lot of members are giving good suggestions, like contacting Professors who attended the Hearing this morning in the judiciary commitee meetings. Isnt that a new idea that was brought about only today...
We need more ideas and more action as we go along.
...not people running around with sticks trying to exert power or whatever they think they are doing..I mean grow up man..learn to deal with people
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