susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
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vjkypally
07-18 04:44 PM
Made a one time payment 3 days back of 100$. More to follow.
Cheers iV
Cheers iV
gunung
07-05 03:30 PM
My case was wrongly put in the TR catagory for 2 years despite my efforts to get the Phili center to correct it. It was finally put into RIR in April 2007 while other cases are being approved with later PDs...... Maybe I shall wait 3 more months since they promissed to have it done this September????!!!!
PBEC, PD July 2003, EB3, RIR, NY
PBEC, PD July 2003, EB3, RIR, NY
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kak1978
10-20 12:19 PM
Sent the letters, took less than a minute.
more...
mw_immi
01-07 12:47 PM
Just send your I-140 approved docs to the bank. I got the approval with my I-140 itself
Who is your banker? I locked in my rate with BOA & after 4 months they say unapproved. I am on EAD (expired H1B and I-94), AOS pending. I gave I-140, I-485 receipt, EAD, attorney letter but nothing worked.
Who is your banker? I locked in my rate with BOA & after 4 months they say unapproved. I am on EAD (expired H1B and I-94), AOS pending. I gave I-140, I-485 receipt, EAD, attorney letter but nothing worked.
gene77
03-20 12:43 PM
Folks,
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
I'm on H1 and my wife is on H4. We have both got our EADs and have visa stamps till Jun 2010.
Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?
If yes, then can she travel on AP while I'm still on H1 visa?
If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?
Thank you very much!
more...
Jimi_Hendrix
11-16 06:12 PM
Hi everyone,
I would like to have a conference call this Sunday between 3pm-3:30 pm. Please tell me if this will work out for you all? Please shoot me an e-mail at amitg_2000@hotmail.com with your availability, your phone number and most accessed e-mail account.
Once everyone confirms I will forward some discussion points for the call.
I look foward to hearing back from you.
Thanks,
JH
I would like to have a conference call this Sunday between 3pm-3:30 pm. Please tell me if this will work out for you all? Please shoot me an e-mail at amitg_2000@hotmail.com with your availability, your phone number and most accessed e-mail account.
Once everyone confirms I will forward some discussion points for the call.
I look foward to hearing back from you.
Thanks,
JH
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rcahk
04-09 02:55 PM
Wow. That must be a record...:eek: Maybe you should call Guiness World records, and claim the title "slowest Green Card process in history". ;)
No, unfortunatelly, there are many thousands like me.
No, unfortunatelly, there are many thousands like me.
more...
permfiling
09-16 02:26 AM
Dear friends,
I made my first $100.00 contribution and would like to sign up for more. Google Order #834309558256739 .
I thank all the efforts of the members of immigrationvoice.org.
--From SF Bay Area
I made my first $100.00 contribution and would like to sign up for more. Google Order #834309558256739 .
I thank all the efforts of the members of immigrationvoice.org.
--From SF Bay Area
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maddipati1
09-01 11:57 PM
other options? u mean like Canada ?
what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.
sour grapes? feeling like jumped out too quick?
feeling like NA GHAR KA NA GHAT KA ?
:mad:
EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.
what life? do u have one? in Canada ? if u have, u wouldn't be on this US immi website posting stupid comments.
sour grapes? feeling like jumped out too quick?
feeling like NA GHAR KA NA GHAT KA ?
:mad:
EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.
more...
gccovet
10-17 05:01 PM
Hello,
just did my part.
Folks, please come forward and send letters.
If you think you are safe, then you are wrong, this issue will come and bite you if you are planning or already exercised AC-21.
"Red dots" don't bother me, so don't waste you time and energy.
GCCovet.
just did my part.
Folks, please come forward and send letters.
If you think you are safe, then you are wrong, this issue will come and bite you if you are planning or already exercised AC-21.
"Red dots" don't bother me, so don't waste you time and energy.
GCCovet.
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makemygc
07-06 02:07 PM
I doubt it, uscis used up 60k visas in one month just to make sure we dont get any ead, why in the world after doing all this nonsense would they accept our applications.
Well...this is the same argument we gave when we first heard about the July VB rumour in june but no one belived. I hope badluck's lawyer brings us some good luck but this is hard to believe this time.
Well...this is the same argument we gave when we first heard about the July VB rumour in june but no one belived. I hope badluck's lawyer brings us some good luck but this is hard to believe this time.
more...
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GTGC
09-11 10:12 PM
Contributed $100 -Google order #620356280075982.
Volunteering for the rally....and will be there on 18th!!
This is history in the making guys we have to make its a huge success!!!Great job IV!!
Volunteering for the rally....and will be there on 18th!!
This is history in the making guys we have to make its a huge success!!!Great job IV!!
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ocpmachine
03-05 09:52 PM
My 485 had soft LUD on 2/27/09. Although, my husband's dependent application dint have one.
My PD is May'06 EB2 -I and got a soft lud on 2/27/09 for me/wifey case.
This makes me think that, USCIS is probably pulling all the cases systematically based on PD.
My PD is May'06 EB2 -I and got a soft lud on 2/27/09 for me/wifey case.
This makes me think that, USCIS is probably pulling all the cases systematically based on PD.
more...
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coolvigo
07-11 10:12 AM
I am hoping this is not a typo from the mumbai consulate and USCIS visa bulletin will reflect the same.
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
I have the same fear....so I want to see this on USCIS website before I start enjoying the mood! But if it is true.....I am very very happy !
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
I have the same fear....so I want to see this on USCIS website before I start enjoying the mood! But if it is true.....I am very very happy !
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VivekAhuja
05-18 05:36 PM
Getting a bank loan is only dependent on showing that you will be able to pay it back. NO IMMIGRATION STATUS documents are required as long as you have SSN card. If SSN card says "Only with INS Authroization", then bank may ask further questions but if you are clear, the loan will be cleared. There are no legal restrictions.
more...
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maverick_joe
04-30 01:40 PM
this would be interesting to hear to! thanks for sharing!
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
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sareesh
07-16 12:44 PM
Mailed check yesterday.
Thanks,
SG.
Thanks,
SG.
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santb1975
06-09 02:41 PM
^^^
conundrum
09-15 05:21 PM
I do believe that each person has the right to champion for whatever cause s/he believes in. But don't you think that instead of this class war we should fight the USCIS system and ensure FIFO. I believe if we have a transparent and smooth USCIS functioning then a lot of our problems will be solved. At least we will know where we stand without the uncertainty!!
DSJ
07-06 11:01 AM
we (those who already filed + those will be filing) can never be united, may be it is our birth right to dispute each other. What a pathetic scene, guyz one thing to remember is unless old cases get cleared there is no way new one gets benefited in the long run.
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