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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inspectorfox
09-18 11:46 PM
dont go to the edison kilmer road dmv..those guys are waiting for a reason to refuse.. even my white american friends have had problems there..lol
This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.
This is the worst DMV in NJ... You may be better off going to Jersey City, Princeton or anywhere else.
god_bless_you
03-08 10:18 AM
check here for live web cast
http://judiciary.senate.gov/webcast/judiciary03082006-0930.ram
link is not working!!
http://judiciary.senate.gov/webcast/judiciary03082006-0930.ram
link is not working!!
2011 Galactic Map, and quot;Power
pappu
09-12 10:25 AM
/\/\/\/
We need people to run this drive and devote some time to this action item. Please keep this thread alive
We need people to run this drive and devote some time to this action item. Please keep this thread alive
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ItIsNotFunny
10-21 11:24 AM
I have sent the email to Cisombudsman and will update the poll also.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
ngopikrishnan
10-22 10:26 AM
Can someone suggest a good attorney (based on your personal experience) for sending AC21 letters to the USCIS? If possible please post the cost involved as well. Preferably in CT/NY/NJ area, any other area is fine too. Thanks!
more...
r_mistry
01-29 03:33 PM
Friends,
I filed my I485/EAD/AP (via company�s lawyer) at NSC service center back on July 24th, 2007. Received EAD, done FP for myself and my wife.
Now my wife AP's online status shows "document mailed on January 18th". Have not received the physical notice yet. But here is the issue....even though we filed our cases together online status for my AP still shows "Case received and pending". Called customer service (opened SR, first week of January) but still no updates.
Has this happened to anyone else? Should i take infopass since its over 180 days since we filed the application? I need to travel in end of Feb and need to know how I can expedite my process.
Thanks for your help in advance
__________________________________________________ _____
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Wife's AP approved Jan 21st, 2008 - Self Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I filed my I485/EAD/AP (via company�s lawyer) at NSC service center back on July 24th, 2007. Received EAD, done FP for myself and my wife.
Now my wife AP's online status shows "document mailed on January 18th". Have not received the physical notice yet. But here is the issue....even though we filed our cases together online status for my AP still shows "Case received and pending". Called customer service (opened SR, first week of January) but still no updates.
Has this happened to anyone else? Should i take infopass since its over 180 days since we filed the application? I need to travel in end of Feb and need to know how I can expedite my process.
Thanks for your help in advance
__________________________________________________ _____
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Wife's AP approved Jan 21st, 2008 - Self Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
2010 Star Wars Death Star
venkat_gc
09-11 08:49 PM
Contributed 100$ thru paypal.
Confirmation Number: 79V39439MM761645M.
Confirmation Number: 79V39439MM761645M.
more...
485Mbe4001
03-17 07:28 PM
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
both husband-wife should have SSN.
what about july filers. Most have received SSN for H4 by now.
those who already filed using ITIN might be at loss.
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gsc999
09-12 02:13 AM
This is amazing!
more...
beppenyc
03-08 02:23 PM
I can`t beleive it. I am very disappointed, that is unveliable. Everytime that it looks that something is happening...we got some problems. Now what`s going on with the democrats....
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krishnam70
08-14 03:34 PM
Since your PD is June 2003, you could have applied in June 2007 because in June Visa bulletin(released in May ) it moved till April 2004.
This is too good to be true.. How could you apply in June if you are Eb3 with PD Sept 2003? The PD was'nt current in June. Also, how did your 140 get approved in less than a month? Premium Processing was'nt there in July...
I have a PD of Sep 2003. I filed my labor in Nebraska in Sep 2003 and state labor got cleared in a week and federal took 2 weeks. I had my Labour on Oct 2nd. I filed for my 140 and recd approval in 3 months. I had to wait for my 485 filing as I wanted to file it with my spouse who was out of country at that time. Rest of the details are in my signature.
BTW, those who are stuck in BEC's my sympathies are with you, its just pure bad luck your cases got stuck in there. PERM or no PERM this whole GC thing is just matter of timing.
As for the original post I dont understand the reason for the ah's and ooh's here. The original poster please correct the mistake here, gcpadmavyuh is right, you could not have applied for 485 in June if you had PD of sep 2003. You could have applied for your 485 as early as March 2005 when the PD dates retrogressed.
please clarify.
cheers
This is too good to be true.. How could you apply in June if you are Eb3 with PD Sept 2003? The PD was'nt current in June. Also, how did your 140 get approved in less than a month? Premium Processing was'nt there in July...
I have a PD of Sep 2003. I filed my labor in Nebraska in Sep 2003 and state labor got cleared in a week and federal took 2 weeks. I had my Labour on Oct 2nd. I filed for my 140 and recd approval in 3 months. I had to wait for my 485 filing as I wanted to file it with my spouse who was out of country at that time. Rest of the details are in my signature.
BTW, those who are stuck in BEC's my sympathies are with you, its just pure bad luck your cases got stuck in there. PERM or no PERM this whole GC thing is just matter of timing.
As for the original post I dont understand the reason for the ah's and ooh's here. The original poster please correct the mistake here, gcpadmavyuh is right, you could not have applied for 485 in June if you had PD of sep 2003. You could have applied for your 485 as early as March 2005 when the PD dates retrogressed.
please clarify.
cheers
more...
house Map of the Star Wars galaxy
uma001
05-05 02:55 PM
Are you guys calling during work hours?
Are you guys calling from cell phone?
Are you guys calling from cell phone?
tattoo of the Star Wars galaxy.
newbie2020
04-30 04:17 PM
Yes it is legal to upload it, Since it is a public domain file. (Judiciary committee/USCIS may also make it available to public for review)
more...
pictures Star Wars: The Republic Saga
ramaonline
09-04 07:16 PM
H1 status ends once u start using EAD (This happens after u file I9 with employer) Once you start working using EAD card, you cannot maintain h1b status at the same time.
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pmat
02-08 03:59 PM
Online status shows up as CERTIFIED.... :D
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makeup Fabulous gift for Star Wars
abhishek101
07-20 05:36 PM
All of us have to understand the Democrats are against all the legal immigrants. Sen Boxter and Feinstein have made it clear in their past statements that they oppose, any high skilled immigration.
And the story is same across for all Democrats.
So all of us have to pledge that we will be Republicans for life once we become citizens.
And the story is same across for all Democrats.
So all of us have to pledge that we will be Republicans for life once we become citizens.
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suavesandeep
05-29 01:48 PM
I don't want to argue either.
In my case, I saved $400 per month as I got mine on 4.5% interest rate. If I got mine on 6% interest rate, I would have paid $144,000 more in the entire duration of my loan. I can't say enough on the value of my house because it is the lowest compared to all my neighbors with same model. The location has the best school district in the city and the elementary school is 3 blocks away.
Refinancing is a tricky part of this game. Refinancing is not always good because most of the time, you will start at month 1 again where the interest part is higher than the principal. It also has closing cost. One should only refinance if the difference is greater than 1%. 1% is only break even.
I am not saying all others should buy now. What I am saying is that we cannot say it's not a good time to buy either. It depends on where you're buying.
Agree with you. Was just offering some more perspective. Personally i dont see mortgage interest rates going north of 6% for a long time (say next 3 years at the minimum).
Reason being the dynamics are really different this time around.Fed has bought tons of treasury bonds this time to keep the interest rates low over a long period of time. Why is treasury bonds important because they have long term implications and mortgage companies use this as a important tool to decide interest rates.
Odd of a L shaped recovery are also high. This is an old article but good reading
http://online.wsj.com/article/SB124044454676445637.html
In my case, I saved $400 per month as I got mine on 4.5% interest rate. If I got mine on 6% interest rate, I would have paid $144,000 more in the entire duration of my loan. I can't say enough on the value of my house because it is the lowest compared to all my neighbors with same model. The location has the best school district in the city and the elementary school is 3 blocks away.
Refinancing is a tricky part of this game. Refinancing is not always good because most of the time, you will start at month 1 again where the interest part is higher than the principal. It also has closing cost. One should only refinance if the difference is greater than 1%. 1% is only break even.
I am not saying all others should buy now. What I am saying is that we cannot say it's not a good time to buy either. It depends on where you're buying.
Agree with you. Was just offering some more perspective. Personally i dont see mortgage interest rates going north of 6% for a long time (say next 3 years at the minimum).
Reason being the dynamics are really different this time around.Fed has bought tons of treasury bonds this time to keep the interest rates low over a long period of time. Why is treasury bonds important because they have long term implications and mortgage companies use this as a important tool to decide interest rates.
Odd of a L shaped recovery are also high. This is an old article but good reading
http://online.wsj.com/article/SB124044454676445637.html
hairstyles Map of the Star Wars galaxy
vin13
03-12 03:33 PM
Unfortunately, we will never know the daily or weekly details. If you see three bills introduced in a year like you saw last year, then it is the result of lobbying effort. IV core has periodic meetings with lobbying firm and all your money goes into that. Plus several trips to DC by IV leadership, to represent YOU and ME.
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
sanprabhu
07-23 11:59 AM
Along with thank yous to Chertoff, Lofgren and Gonzalez, I sent an additional thank you to Sen Cornyn. I urge all of you to do the same too.
His Address is:
517 Hart Senate Office Bldg.
Washington, DC 20510
His Address is:
517 Hart Senate Office Bldg.
Washington, DC 20510
Green.Tech
06-22 08:18 PM
...where art thou'?:)
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