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  • santb1975
    06-17 12:24 AM
    We need 829 dollars to reach 20k




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  • priti8888
    07-23 06:30 PM
    This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.

    I was in similar time frame; So I know the date well....




    correction..I got the EAD in Feb 05, My RD is Dec 04.




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  • pappu
    06-10 01:40 PM
    Pappu, then why no to plan for another letter campaign, if that is what making things work a little bit.

    It will work only if we can have 10s of thousands of letters.
    If admin fixes had so many letters we would have been in a better spot today. With only 5 thousand or something letters and many of them anonymous, we cannot have our hopes very high.

    Unless people suffering take the initiative, our initiatives will have a hard time getting results. IV is every member here (and not just core members or chapter leaders) and if members feel the heat of retrogression, they need to take the initiative and get active.

    Hope this bulletin will help people focus on action items.




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions



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  • darslee
    07-05 11:53 PM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.

    Dugg and sent her an email thanking her and suggesting a follow up article on practical consequencies of their "mix-up". Used my case of Aging out son as an example.




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  • gondalguru
    07-22 03:29 PM
    My case was filed on Feb 27th. Still pending. No response from Atlanta. I have 11 more days to go and after that it doesn't matter when I get my PERM as I would be locked out for potentially 5-6 years! This system is not fair at all...if I was working in one of the western states, I could have filed even today and get certified in 2-3 days....

    I feel really sorry for you and yes you are right. This system is not fair at all. It needs complete overhaul.



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  • rdehar
    07-20 04:10 PM
    From what it looks like, I just want to say:

    "Welcome to Backlog Part II."




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  • SunnySurya
    09-15 11:39 AM
    I am with you and willing to share the cost.
    People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.

    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    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.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.



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  • guy03062
    09-11 04:32 PM
    This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.




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  • flthere
    07-11 10:39 AM
    Well, everyone is going to pay just one time for EAD from now on ... but sad thing is they need to apply for EAD again in a year ... at that time it's gonna be free applying :D



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  • ruchigup
    02-09 03:26 PM
    Life is about compromise and you are right it is hurtful to the future of baby who don't realize what is going on. Baby really need both Mom and Dad, pls try to explain this to your wife.

    About cutting off with parents, she can chose not to talk to your parents and/or you can chose not to talk to her parents if things are not right. But forcing to breakup with own parents is utterly wrong and unacceptable. You can try to explain this to your wife.

    This is your side of story "She started harassing them too by saying something or other. " and you must remember there is something called postpartum depression which Indian parents in-laws don't understand when they come for their daughter-in-laws delivery. I have heard few other cases when things went really bad after delivery.

    Try to explain her that she and child are your first priority. I am sure you have tried to do this many times, try few times more. If talking results in a fight, try sending a long thoughtful email (make sure any of it can't be used against you if things still don't get better, probably you can use it in your favor if needed about the efforts you put in to improve). Before even thinking about divorce try to give life a 2nd chance and may be 3rd chance.

    I must say that it is hard to believe that in this whole thing you/your parents didn't do anything wrong and one fine day your wife went nuts. Try to analyze yourself too.

    These things are very depressing and sad and only the one who goes through it understands. Easier to give advice.

    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.




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  • cnachu2
    10-24 01:22 PM
    sent emails.



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  • seekerofpeace
    07-18 04:21 PM
    I have a question.
    If I485 is considered for adjudication only if the PD is current. Then why are we all filing in a hurry since everything will retrogressed by Aug 1st and the RD may take 1.5 to 3 months to come when surely everything will be retrogressed. Does that mean in that situation even EADs and APs will stop.

    My wife is on F1 and I am on EB2 (Jul 04), I am worried about her status. My lawyer said she can still continue as a student and that it is a grey area the school never comes to know that she is in transition...once she gets EAD ofcourse everything becomes fine.....But in the current situation that seems a distant possibility to get a RD let alone EADs. So should I just file for myself and let her stay as F1.




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  • mirage
    05-01 09:31 AM
    I liked the way somebody in the committee pointed out that a Foreigner interacts with only one agency that is the USCIS and the service we provide them is shameful.



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  • insbaby
    07-06 01:40 AM
    Most leaders are actually volunteers in IV. They have a regular full time job.

    What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :

    For this you need to hire full time lobbyist which costs a lot
    of money. IV budget is nowhere close to that the Hispanic lobby group:
    National council of La Raza whose budget is
    $40 million or $1.3 billion including its “affiliates” network.
    IV is a tiny organization in front of La Raza. Thats....a BILLION with full time lobbyist.

    I strongly suggest you listen to the audio interview to understand how big the hispanic
    lobby is.

    Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)

    With such power also they cant pass CIR. But at least they ensure that no
    EB or illegal immigration reform will pass unless there is something for illegals.

    I agree. Thats what I tried to say.




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  • fullerene
    06-03 10:25 AM
    Retrogress is against the principle of laws. Think about the reason that the government wants provide a path for these undocumented people is the government wants secure the border. Before the law take effective, they need find a way to take care of these people because new law can not have retrogress. Same should apply to the legal immigrants. When the new law is being discussed, it can not terminate or replace the current law. I don’t think people interpret the words correctly. I believe introduction means the period of time before the signed new law replaces the current one.

    Law execution shall favor the executed person. I don’t know how to describe it in a professional matter. I give an example,
    Person A is sentenced to death and will be executed on June 15th. However, new law takes effective on June 5, and according to new law Person A shall be sentenced 20 years in prison. So Person A can appeal to change the sentence.
    On the other hand, Person A is sentenced to 10 years and will be executed on June 5th. But new law will take effective which gives 20 years in prison. So will the person get a severer penalty? I don’t think so.

    In addition to that, when a new law is dramatically changed, compared to the current law, an introduction period is usually applied. During this period of time dual status may apply. People may choose either law which is favorable for them. Of course, because of the uncertainty, lawyers love this dual status to get more business.



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  • seahawks
    09-13 01:23 AM
    send to Chris Matthews of Hardball and Keith Olbermann of Countdown.




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  • JunRN
    05-15 09:58 PM
    Thanks for the reply. I hope that this time it gets approved. I think the best approach to this is to show the timeline of your petition and I-485, with accompanying evidence for each point in time.

    I guess that the supervisor of the IO processing your case did not even bother to review the MTR. As I understand (correct me if wrong), MTRs go to the same IO who denied your case but it has to be reviewed and approved by the Supervisor.




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  • chanduv23
    09-12 01:58 PM
    These are all good thoughts but what u are suggesting takes some time.
    The issue has two legs:
    Leg 1: Process fix
    Leg 2: Increasing number of greencards

    What I am talking about is leg 1 and what you are talking about is for leg 2
    and both are required.

    I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.




    amit_sp
    03-05 03:33 PM
    I also received RFE for my application. I am EB3-India with PD of Oct 2003. The RFE was about missing signatures on 2 forms (though I could see my signature there; I just re-signed those) and missing I-94s.




    vandanaverdia
    09-10 03:13 PM
    Thanks niva for your contribution...



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