techskill
09-10 02:09 PM
I think they advanced the dates to 2006 not to approve the cases but to collect new applications with the new fees.They approved couple of cases only to show that they r working on old cases (2006 which is old for them or however they interpret).
wallpaper hair the Blue Sky, grass and a
leoindiano
06-11 09:19 AM
i dont agree with you, These things are against the law.
1)
All we need is a recapture. Lets concentrate on the bills in congress and senate and get them passed. This needs very less effort than what you prescribed.
2) If 1 fails,
There is no descrimination as such, this is more of a outdated law and bureacratic delay caused wastage of numbers, lets fight it in legal system. Some asylum case won against wastage, why not ours? We have big numbers, If everyone can contribute, this will happen. Hire the same lawyer and am sure he/she wont charge more than what(if any) they charged to an asylum case....
1)
All we need is a recapture. Lets concentrate on the bills in congress and senate and get them passed. This needs very less effort than what you prescribed.
2) If 1 fails,
There is no descrimination as such, this is more of a outdated law and bureacratic delay caused wastage of numbers, lets fight it in legal system. Some asylum case won against wastage, why not ours? We have big numbers, If everyone can contribute, this will happen. Hire the same lawyer and am sure he/she wont charge more than what(if any) they charged to an asylum case....
EAD
09-12 01:37 PM
I am a new member and sent $50 by personal check to IV.
EAD
PD: May 04 (BEC cleared Nov 06)
I-140: Jan 07 (Pending NSC)
I-485: Aug 07 ( No reciepts)
EAD
PD: May 04 (BEC cleared Nov 06)
I-140: Jan 07 (Pending NSC)
I-485: Aug 07 ( No reciepts)
2011 An interview with “The Grass
bpratap
05-15 06:10 PM
But were U able to get the loan at the end ?
more...
kumarr
12-26 02:19 PM
I just had my I-140 approved few days ago. I applied concurrently during July fiasco to NSC.
My online status says: Approval Notice Sent.
I guess that means my I140 is approved.
I am EB3 - India.
My online status says: Approval Notice Sent.
I guess that means my I140 is approved.
I am EB3 - India.
rajuram
06-09 11:16 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
visa recapture - no chance
visa increase - will not happen
still contribute??
more...
Jimi_Hendrix
08-09 01:37 PM
Why you need to support legal immigration reforms?
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications, procedural inefficiencies and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.
Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.
Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
1) Legal immigrants cannot change employers and/or job title
2) Spouses of legal immigrants cannot work unless they have separate work authorization
3) All major financial and career decisions are on a hold
4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.
Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long time. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter.
Lately, an awareness campaign has been launched by Immigration Voice (a 5,500 member group representing highly skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.
Best Regards,
JH
2010 Grass With Blue Sky
needhelp!
03-12 03:16 PM
We cannot expect core members to be online all the time, and we cannot expect to see lobbying related information unless a bill actually comes out. I think what we CAN do is keep the average members like me who want to do something, engaged with things that are within reach.
FOIA campaign was a great example of this.
However, I am very sad to report that only 3 other members from Texas Chapter participated. With such level of participation, I am not even sure that such campaigns are meaningful. Lobbying seems the best option, where we can pay and then be lazy the rest of the time, but the drawback is that updates will be once in 6 months or a year depending on when bill is being introduced.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
FOIA campaign was a great example of this.
However, I am very sad to report that only 3 other members from Texas Chapter participated. With such level of participation, I am not even sure that such campaigns are meaningful. Lobbying seems the best option, where we can pay and then be lazy the rest of the time, but the drawback is that updates will be once in 6 months or a year depending on when bill is being introduced.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
more...
eb3retro
03-15 04:16 PM
Interesting Summary
http://www.aila.org/content/default.aspx?docid=18831
hope aila has some good lobbying group to push bills like these..
http://www.aila.org/content/default.aspx?docid=18831
hope aila has some good lobbying group to push bills like these..
hair lue sky grass. greener
nave_kum
08-13 06:33 PM
first: indulging in a completely useless dicussion
this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.
second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.
third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.
fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
please by all means track your progress and give and take information.
but do it with some decorum.
many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.
this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.
second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.
third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.
fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
please by all means track your progress and give and take information.
but do it with some decorum.
many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.
more...
kevinkris
07-14 01:23 PM
Conf Number: 7YB0F-K01XZ
hot the Blue Sky, grass and a
mallu
10-01 01:54 PM
Instead of wasting visa numbers , they should allocate to those who cleared namecheck and all other processing. Agreed, this might allow a person who started PERM in 2007 to get gc in hand in 2007 itself compared to a person with PD 2001 EB2 , applied I-485 in 2003 and stuck in name check. But it is better than wasting the visa numbers.
more...
house lue sky grasses
EternityInLimbo
05-04 01:50 PM
He's been an advocate on backlog issues, and his staff had helped look into my case last year. I used his web site to send him an email (for VA residents only), slightly modifying the phone script to thank him, since I finally got my green card in November. Will post response when I receive it.
tattoo lue sky on grass
susie
07-15 11:32 AM
2 0f 2
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
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NKR
09-12 02:08 PM
Flower campaign had similar fate - 2 to 3 truck loads of flowers just went into hospital. it was more of Lofgren involvement that helped us.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
From what I observed the action of USCIS redirecting flowers to hospital and armymen backfired. It was perceived as an insult to the brave soldiers.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
From what I observed the action of USCIS redirecting flowers to hospital and armymen backfired. It was perceived as an insult to the brave soldiers.
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satyasrd
08-12 01:22 PM
We all know that these IT companies/ "body shops" will not bear the brunt of this.
It is always the employees who will get distressed. Large organizations will quietly offshore more jobs while smaller ones will charge this from the employee, legal or not.
I pity those who think this will create more jobs for Americans. They are truly ignorant of how the system works.
And like most of you already mentioned, it's funny how a small group (few thousand) of legal immigrants are targeted while millions of illegals (and the companies that hire them) are going untouched !
It is always the employees who will get distressed. Large organizations will quietly offshore more jobs while smaller ones will charge this from the employee, legal or not.
I pity those who think this will create more jobs for Americans. They are truly ignorant of how the system works.
And like most of you already mentioned, it's funny how a small group (few thousand) of legal immigrants are targeted while millions of illegals (and the companies that hire them) are going untouched !
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sinhakavinash
07-26 03:44 PM
I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".
Any suggestions??
Any suggestions??
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Libra
09-29 10:00 AM
Dear Gonzalez,
Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.
OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D
just kidding, take it easy.
Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.
OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D
just kidding, take it easy.
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orangutan
08-17 04:40 PM
GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.
pappu
06-10 01:49 PM
The state chapters don't seem to be very effective.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I’m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I’m an isolated case.
Sometimes chapter leaders are unable to communicate the message to members on time or must be busy for their own reasons. We will note your feedback for future. Thanks.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I’m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I’m an isolated case.
Sometimes chapter leaders are unable to communicate the message to members on time or must be busy for their own reasons. We will note your feedback for future. Thanks.
newuser
09-12 10:07 AM
I doubt how effective a letter campaign would be.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
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