Green.Tech
05-27 02:49 PM
No contributions at all!
Come on folks, contribute!!!
Come on folks, contribute!!!
wallpaper irthday-cake21
bsbawa10
09-12 07:36 AM
I wouldnt mind sending old bata slippers:D to beat themselves with
That is right. I said before and I am saying again. I am against sending flowers or calculators because.
1. They cost money (Some people may not do that just because of that).
2. USCIS will like those toys for their kids (Please come out of the movie mood, movies impress a lot but they are a lot different from real life). Believe me they will treat these things as wonderful gifts and we will end up spending time and money for these.
3. It will not make any difference to USCIS.
4. USCIS can always redirect all those flowers to orphanage or other places, what they cannot do is redirect our posters trying to put them to shame.
I have been appealing a lot about this. Why do not we have a letter compain along with posters which should put them to shame. These should not only be sent to USCIS, but also to the press, congressmen, president of US and yes the director of USCIS. I have created several posters here.
http://docs.google.com/Doc?id=dd4vkcmm_124c6jh9dg6&invite=mqk525
http://docs.google.com/Doc?id=dd4vkcmm_127xvp53jdx&invite=cn4gjw5
http://docs.google.com/Doc?id=dd4vkcmm_12895rfwtcw&invite=g7kcrzz
http://docs.google.com/Doc?id=dd4vkcmm_130cvdpx4cg&invite=7bb9vs
http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
The letter campaign thread is
http://immigrationvoice.org/forum/showthread.php?t=21340
Does anybody here agree with me ? Singhsa, your thoughts ?
That is right. I said before and I am saying again. I am against sending flowers or calculators because.
1. They cost money (Some people may not do that just because of that).
2. USCIS will like those toys for their kids (Please come out of the movie mood, movies impress a lot but they are a lot different from real life). Believe me they will treat these things as wonderful gifts and we will end up spending time and money for these.
3. It will not make any difference to USCIS.
4. USCIS can always redirect all those flowers to orphanage or other places, what they cannot do is redirect our posters trying to put them to shame.
I have been appealing a lot about this. Why do not we have a letter compain along with posters which should put them to shame. These should not only be sent to USCIS, but also to the press, congressmen, president of US and yes the director of USCIS. I have created several posters here.
http://docs.google.com/Doc?id=dd4vkcmm_124c6jh9dg6&invite=mqk525
http://docs.google.com/Doc?id=dd4vkcmm_127xvp53jdx&invite=cn4gjw5
http://docs.google.com/Doc?id=dd4vkcmm_12895rfwtcw&invite=g7kcrzz
http://docs.google.com/Doc?id=dd4vkcmm_130cvdpx4cg&invite=7bb9vs
http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
The letter campaign thread is
http://immigrationvoice.org/forum/showthread.php?t=21340
Does anybody here agree with me ? Singhsa, your thoughts ?
dontcareanymore
03-13 02:10 PM
How does that work? There is no law or process to connect an abandoned labor. I had approved labor with a PD of 1999 that got lost when I switched companies. But no one seems to be connecting that to me.
You can use that priority date if I140 was filed for you based on that and approved. Was I140 filed for you ? Or you just abandoned it while labor was pending ?? If the later, your employer must have made money when labor substitution was allowed :) (Making a BIG assumption here )
You can use that priority date if I140 was filed for you based on that and approved. Was I140 filed for you ? Or you just abandoned it while labor was pending ?? If the later, your employer must have made money when labor substitution was allowed :) (Making a BIG assumption here )
2011 This is my sketch.
ps57002
07-27 03:38 PM
any recent approvals...please let us know..give us hope....
more...
nagio
05-06 09:53 AM
I called
John Ensign
John Cornyn
John Kyl - Had to leave message
Lindsay Graham
Judd Gregg
Scott Brown
Michael Enzi
John Ensign
John Cornyn
John Kyl - Had to leave message
Lindsay Graham
Judd Gregg
Scott Brown
Michael Enzi
Caliber
03-03 03:51 PM
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves. Saburi
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
more...
gcpain
04-25 04:17 PM
The priority date based on the person first entering/start wrking for US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one. This is good idea and fair deal to everyone which in turn follows FIFO method.
2010 irthday cake, and balloon
villamonte6100
04-02 11:12 AM
I hear you and for most part agree with you that USCIS - However bad they may seem - is still one of the best run government agencies...
No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...
Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...
I reviewed my comment and I haven't wrote anything trashing another country and I didn't say that USCIS is bad. In fact, if you read carefully I am trying to defend USCIS from "Mirage's comments".
I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.
In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.
I still would stress to thank America for giving me the opportunity to work and live and experience America.
Please read my comments properly next time and be a little fair on your comments.
No need for you to trash another country to make your point... We are all foreigners here and know what happens in rest of the world...
Chill... and BTW - USCIS does not give you a green card for sucking up... as you said there is a system and a process in place in US our Karm bhoomi...
I reviewed my comment and I haven't wrote anything trashing another country and I didn't say that USCIS is bad. In fact, if you read carefully I am trying to defend USCIS from "Mirage's comments".
I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.
In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.
I still would stress to thank America for giving me the opportunity to work and live and experience America.
Please read my comments properly next time and be a little fair on your comments.
more...
priti8888
07-23 06:07 PM
My husband doesn't even want to look. He says he'll become too agitated, so only let him know the good news. I'm addicted too, but this could become a problem for me, since this week I have finals at school:o
I am the better half too!:) Anyway, just an FYI. Since you got your RD, i would suggest you inquire about your and your familys name check status in the next few months. As far as i know, name checks are cleared whithin a few months of RD or few months after 1st Fingerprint. This would just give you some peace of mind...
I am the better half too!:) Anyway, just an FYI. Since you got your RD, i would suggest you inquire about your and your familys name check status in the next few months. As far as i know, name checks are cleared whithin a few months of RD or few months after 1st Fingerprint. This would just give you some peace of mind...
hair Happy Birthday Cake Drawing.
ashutrip
06-19 03:01 PM
any news about atl center good bad or ugly :eek: :p
more...
Saburi
02-18 04:26 PM
Sorry to say this but i do not think EB3 India or any other Catagory will move much in this coming April 2009 Bulletin, Reason for this is if there was any possible movement then this would have atleast moved by 1 month in the past 4 months.
EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.
I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.
Sorry if i have been any bitter to any of the guys here on the net
Best Regards
EB3 dates has not moved any further in the past few months and i don't think this will move any better before we see Bulletin for Sep 2009 as thats thier fisical year.
I hope you guys are right as you can see mine is dec 2001 EB3 India but have stoped dreaming.
Sorry if i have been any bitter to any of the guys here on the net
Best Regards
hot drawing of a irthday cake
paskal
07-11 11:49 AM
I dont get it for EB3 India. First they said once we get over the APR 01 hump we should be move quicker. Well guess what we DID get over that hump. Why the heck arent the dates moving at all for us?
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
more...
house Welcome to Catlin#39;s Apple
newbie2020
07-06 06:32 AM
While IV is a big organization with 20K+ members, I haven't seen the transparency, All I have seen is tons of threads being created requesting members to donate money, However Is there any transparency in the way the money is being spent the answer is a Big NO. I have seen someone posting threads on IV tax filings (some disgruntled member for sure ) and those getting deleted within few hours....
There was also thread on the need to pass on the immigration torch to the next generation to take it further...and this is a good start if the core committee can be elected perhaps once in 2 yrs or something and any core team member wanting to re-election goes back and compete with someone who feels they can do a better job.
Without fresh blood and fresh thinking the organization will fail to attract new members.
There was also thread on the need to pass on the immigration torch to the next generation to take it further...and this is a good start if the core committee can be elected perhaps once in 2 yrs or something and any core team member wanting to re-election goes back and compete with someone who feels they can do a better job.
Without fresh blood and fresh thinking the organization will fail to attract new members.
tattoo quot;Transformersquot; irthday cake
SkilledWorker4GC
07-15 11:23 AM
^^^^^
more...
pictures irthday cake-drawing
delhiboy
12-15 12:25 PM
Here are the details:
Type: EB2 - RIR (State - CT)
PD: June 2004
45 DL Received: December 2005
Current Status: CERTIFIED (On 12/15/2006) per DOL website.
Can anyone tell me what happens next?
Type: EB2 - RIR (State - CT)
PD: June 2004
45 DL Received: December 2005
Current Status: CERTIFIED (On 12/15/2006) per DOL website.
Can anyone tell me what happens next?
dresses my sister#39;s irthday cake.
Green.Tech
06-18 04:31 PM
No one but you need to work for yourself in this GC mess.
more...
makeup Coloring irthday cake
franklin
07-20 06:03 PM
are u kidding? raise country cap to 10%!!!!!!!!!
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
When did that happen? I've never opposed getting rid of the country cap as I find it offensive and discriminatory. Would it screw me personally? Probably, but some people here don't just care about themselves
Don't you dare tar us all!:p
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
When did that happen? I've never opposed getting rid of the country cap as I find it offensive and discriminatory. Would it screw me personally? Probably, but some people here don't just care about themselves
Don't you dare tar us all!:p
girlfriend Labels: Birthday Cake, Drawing
needhelp!
09-13 02:07 PM
Just mailed out letters to nine more radio/tv/news media addresses in Texas that AILA media site didn't allow email for. I hope USPS will deliver by tomorrow??
texanmom, I did a few Houston/Austin emails as well.
texanmom, I did a few Houston/Austin emails as well.
hairstyles Happy Birthday Cake Drawing.
amulchandra
09-14 05:27 PM
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
I am really sorry to say that you are totally wrong. Do you know that high demand very well paid jobs also fall into EB3 category. Example Pharmacists fall into EB3(for whom there is a very huge demand in US due to aging population) .
It is not easy to get a Pharmacist license. They need a degree in pharmacy(Equivalent to Pharm D in US) . If he/she is a foreign graduate he/she has to go through national level TSE/TOEFL, FPGEE , NAPLEX and state level Jurisprudence exams. A total of 5 exams and 1600-2000 hours of internship.Even US citizens think twice to go pharmacy colleges because it is really expensive to pay the fee.
This is just an example and this is our personal experience.
I am really sorry to say that you are totally wrong. Do you know that high demand very well paid jobs also fall into EB3 category. Example Pharmacists fall into EB3(for whom there is a very huge demand in US due to aging population) .
It is not easy to get a Pharmacist license. They need a degree in pharmacy(Equivalent to Pharm D in US) . If he/she is a foreign graduate he/she has to go through national level TSE/TOEFL, FPGEE , NAPLEX and state level Jurisprudence exams. A total of 5 exams and 1600-2000 hours of internship.Even US citizens think twice to go pharmacy colleges because it is really expensive to pay the fee.
This is just an example and this is our personal experience.
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.
Libra
09-11 09:14 PM
zinchak thank you for your contribution.
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