paskal
07-20 02:27 PM
this is not over
this might just be an opening salvo.
these things usually get negotiated behind the scenes.
things of note in this event:
1. we garnered 55 votes in support, in any up and down vote we win.
2. Durbin was the man again...that derailed us.
this might just be an opening salvo.
these things usually get negotiated behind the scenes.
things of note in this event:
1. we garnered 55 votes in support, in any up and down vote we win.
2. Durbin was the man again...that derailed us.
wallpaper My Little Pony: Friendship
punjabi
09-10 08:59 PM
Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?
I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.
And I strongly believe that higher is the volume of the prayers, sooner they get answered.
I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.
And I strongly believe that higher is the volume of the prayers, sooner they get answered.
Libra
09-10 10:51 AM
thank you glen and chiragmodi for your contributions. on receipt tracking thread people even thinking(may be later) of sacrificing animals for receipts but not contributing. so sick.
2011 My Little Pony: Friendship Is
Humhongekamyab
06-11 10:08 AM
"Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."
When I started my process in 2005 I was told that the whole thing will take 2-3 years. It is almost 4 years now and based on the VB movement for the last few months I have been thinking that this process can easily take 6-7 years and now DOS says it may as well take decades for those born in India. :mad:
When I started my process in 2005 I was told that the whole thing will take 2-3 years. It is almost 4 years now and based on the VB movement for the last few months I have been thinking that this process can easily take 6-7 years and now DOS says it may as well take decades for those born in India. :mad:
more...
susie
07-15 11:30 AM
1 of 2 posts
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
ItIsNotFunny
11-21 05:08 PM
You are correct Chandu. I confirmed with attorney based on some discussion going on in other thread that made me concerned. H1B and GC are complete independent for status.
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
more...
santb1975
06-10 11:54 AM
^^^
2010 My Little Pony: Friendship is
Libra
09-10 04:55 PM
thank you.
I contributed whatever I can. Please contribute your part.
I contributed whatever I can. Please contribute your part.
more...
unseenguy
02-13 10:35 PM
The conversation transcript in order:
What are you waiting for
Originally Posted by snathan
Quote:
I am still waiting to see your contribution. Do you need any help to write the check.
Originally Posted by unseenguy
Quote:
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
Originally Posted by snathan
Quote:
It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.
Are you just another junk in IV...?
Originally Posted by unseenguy
Quote:
You are being mean to me and untrustworthy. I have no time for kids.
Originally Posted by snathan
Quote:
i dont need to be trustworthy for ur million $$$...you are just another junk for IV
Originally Posted by unseenguy
Quote:
A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
Originally Posted by snathan
Quote:
I dont have time for stingy junks...get lost in to
Vacuum
What are you waiting for
Originally Posted by snathan
Quote:
I am still waiting to see your contribution. Do you need any help to write the check.
Originally Posted by unseenguy
Quote:
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
Originally Posted by snathan
Quote:
It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.
Are you just another junk in IV...?
Originally Posted by unseenguy
Quote:
You are being mean to me and untrustworthy. I have no time for kids.
Originally Posted by snathan
Quote:
i dont need to be trustworthy for ur million $$$...you are just another junk for IV
Originally Posted by unseenguy
Quote:
A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
Originally Posted by snathan
Quote:
I dont have time for stingy junks...get lost in to
Vacuum
hair My Little Pony: Friendship is
akhilmahajan
07-15 08:46 PM
Total So far 1660.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
more...
lonedesi
08-11 04:54 PM
Is it Rumors or True?
If it is true then really its very good news and we can see 140 approvals soon.
Never take anything for granted esp with USCIS. Rumors are still rumors up until the time we see the action on part of USCIS to clear the backlogs. So for now, join this campaign and help yourself by putting pressure on USCIS to clear the I-140 backlogs.
If it is true then really its very good news and we can see 140 approvals soon.
Never take anything for granted esp with USCIS. Rumors are still rumors up until the time we see the action on part of USCIS to clear the backlogs. So for now, join this campaign and help yourself by putting pressure on USCIS to clear the I-140 backlogs.
hot Re: My Little Pony: Friendship
trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
more...
house My Little Pony Friendship is
Libra
09-12 11:43 AM
12k+ more to reach goal. please contribute.
tattoo My Little Pony Friendship
jungalee43
04-30 09:53 AM
I am sad to see people posting messages on �inevitable future of CIR�, �US political system is broken�. But they don�t consider it important to contact their senators and follow IV�s instructions on making phone calls. Please understand the need of the hour and don�t waste time in making judgments or making predictions. Just follow what IV core is asking you to do.
Just call, call and call. I am starting my second round of calls.
Just call, call and call. I am starting my second round of calls.
more...
pictures hairstyles My Little Pony:
godbless
04-27 02:37 PM
I have my sister in law from India on H4. She got married after her husband got his 797B approved and so she does not have her own 797C. The DMV wants her own 797C approval notice to give her a temporary drivers license. How does she get that? Can she file some petition with USCIS to get it?
dresses Tags: my little pony
pdakwala
03-08 01:29 PM
It keeps saying that the page cannot be displayed. Requesting for some expert's tips.
more...
makeup 2010 Pinkie Pie My Little Pony
kris04
02-19 11:25 AM
Dear Friends,
I applied for my AP with a RD of Dec.8, 2007, during the last 3 days I am noticing change in LUD , including yesterday (02/18). One surprising data I found was even there is a LUD on my previously approved AP.
regards
kris
I applied for my AP with a RD of Dec.8, 2007, during the last 3 days I am noticing change in LUD , including yesterday (02/18). One surprising data I found was even there is a LUD on my previously approved AP.
regards
kris
girlfriend My Little Pony: Friendship
Mouns
04-30 03:37 PM
And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
hairstyles Video: My Little Pony:
vkannan
03-12 11:20 PM
Its not a rumor. This is real. Coming to think abt it, he had filed a labor in 2000/2001 time period and had abandoned it when he switched companies. I am wondering if USCIS takes the oldest one an applicant had ever filed.
There you go.....See thinking does help;-).....anyway seriously dude......do you think USCIS go that level to go pick up your friends abandoned labor.....and do the PD Porting without your friend asking for it.....I will be damned...if this is true.....
There you go.....See thinking does help;-).....anyway seriously dude......do you think USCIS go that level to go pick up your friends abandoned labor.....and do the PD Porting without your friend asking for it.....I will be damned...if this is true.....
skv
08-12 05:35 PM
I meant :
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
We have to take some risk, if we want some progress on our I-140 cases. :-)
Good night folks!
yoda
09-13 04:59 PM
Sent it to the Indian Embassy. They have a monthly newsletter. Hope to see this in the Oct. newsletter.
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