lifesucksinUS
09-10 11:48 AM
It certainly is a bad news..
guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...
why do I have this red spot.. ?????:mad:
guys my PD is april 2004, does that mean I stand no chance. I had RFE on 08/14.Should I still keep hopes till the end of the month, or its all over for me till my date gets current again...Senior members plsssssssss respond...
why do I have this red spot.. ?????:mad:
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deba
07-19 11:33 AM
Just contributed $100. Total so far $300. Will coninue to support IV.
pappu
08-01 05:10 PM
would really like to reflect my thoughts, experience & opinion in writing, but please do note: i don`t have a journalisim background.
Thanks for the help. Journalism background is not really needed. All we need is some good writing skills to make the article impactful.
Thanks for the help. Journalism background is not really needed. All we need is some good writing skills to make the article impactful.
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gc_wow
03-05 11:10 AM
My case did not recieve a LUD
more...
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
santb1975
05-29 03:54 PM
His name should be on the list
vadicherla has contributed $100 and updated the old contribution thread...
vadicherla has contributed $100 and updated the old contribution thread...
more...
dhirajgrover
01-14 12:11 PM
There are 2 options in my opinion.
1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php
2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.
HTH.
1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php
2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.
HTH.
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greyhair
04-29 10:36 PM
Link to the video of the Senate immigration
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.cspan.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.cspan.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
more...
Suva
04-10 03:01 PM
Hi pappu, I am contributing $5/month from 2007. This is $60 for every year. Am I eligible for donar forum? I am sending the checks from 2007 till now by bill pay from my bank.
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Green.Tech
06-03 05:09 PM
Bump!
more...
doknek
06-10 05:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
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conchshell
06-10 10:57 AM
So July visa bulletin is out ... we will see comments with frustation and appeals to fight for the cause ... however, this is a prediction thread, so my prediction is that by next week, all affected people will accept the reality and will move on with their life waiting for August visa bulletin or for the next year quota. My purpose is not to offend anyone, but this is just the observation we all had in the past, so why this time around its going to be any different?
Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.
So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.
I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.
Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.
So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.
I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.
more...
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Macaca
10-01 04:40 PM
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
The # GCs approved is controlled by a quota for each quarter.
So they can accept all the AOS applications and approve all the AOS applications but approve GCs controlled by the quarterly quota.
The # GCs approved is controlled by a quota for each quarter.
So they can accept all the AOS applications and approve all the AOS applications but approve GCs controlled by the quarterly quota.
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needhelp!
03-12 03:25 PM
I totally agree to this. Everytime i try to bring this point across all that is being asked is go contribue some money. I have contributed money before and i will contribute lot more if i know what it is getting used for.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
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.
There are several of my friends who are not actively looking at IV site. I am sure they will contribute money if they know the initiative IV is currently working on.
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.
more...
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chanduv23
05-19 07:47 PM
Immigration Voice volunteers are working in the background to address these kinds of issues and planning for a campaign soon.
If members wish to volunteer for this campaign, please contact me via a private message or send an email to chandrakanthDOTvemulaATimmigrationvoiceDOTcom
Also, please post ideas on how we can run an effective campaign.
Sending letters simply won't suffice. We need to get attention and resolution
If members wish to volunteer for this campaign, please contact me via a private message or send an email to chandrakanthDOTvemulaATimmigrationvoiceDOTcom
Also, please post ideas on how we can run an effective campaign.
Sending letters simply won't suffice. We need to get attention and resolution
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vayumahesh
01-10 11:36 AM
Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.
more...
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mirage
03-31 04:17 PM
I think we are getting into an unnecessary discussion. My objective of this thread was to point out to our members that when we are discussing about immigration issues in the media we should also expose the mismanagement of the USCIS. They should not get away just by saying we were not prepared for this....
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ita
08-25 10:01 PM
Thank you very much for the suggestions.Once the elections are done next year do you think rates will go down..I'm actually thinking about Hyd.Have been waiting so long but rates are only going up.
Is it possible to apply for loan with SBI/LIC from here (US)?
Thank you.
Is it possible to apply for loan with SBI/LIC from here (US)?
Thank you.
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smuggymba
08-12 12:48 PM
I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.
I agree but how will this change the world. The 2K will now be transferred to the employee; earlier employee paid 1000, now he will pay 3000. That does not solve the problem.
I agree but how will this change the world. The 2K will now be transferred to the employee; earlier employee paid 1000, now he will pay 3000. That does not solve the problem.
Macaca
07-06 11:13 AM
The following articles talk about similar provisions (I think?) for undocumented. You can send them your story and ask them to write about you. You can also ask lawmakers for simliar provisions for you.
Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007
Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007
Bharam
03-27 03:05 PM
Still waiting for 45 day letter
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