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
arteries and veins diagram. arteries+and+veins+diagram
HawaldarNaik
03-04 01:15 PM
bole to sub ka current booking main chance lagta hai....ticket milega...subko...:)....bahoot jaldi....
arteries and veins diagram. Arteriesandveinsveinsmar
petepatel
09-12 03:50 PM
I m in :)
arteries and veins diagram. diagram
sriteam
07-20 09:40 AM
This is unbelievable . Most Dems are against this???
more...
arteries and veins diagram. shown in this diagram) off
santb1975
05-29 11:33 PM
Have not reached 20K yet
arteries and veins diagram. arteriesveinscapillaries
vine93
05-01 03:33 PM
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
more...
arteries and veins diagram. arteries+and+veins+diagram
indio0617
03-09 12:28 PM
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
Nurses from India, Phi also eat up EB3 numbers beyond their alloted .... My understanding is that they will not compete for any eB3 numbers after this...
How does removing the cap from Schedule A, benefit the rest of us?
Nurses from India, Phi also eat up EB3 numbers beyond their alloted .... My understanding is that they will not compete for any eB3 numbers after this...
arteries and veins diagram. CAT ARTERIES AND VEINS DIAGRAM
Libra
09-28 10:03 PM
hey dont worry abt application, i'll send you GC in mail.
Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D
Regards,
IK
Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D
Regards,
IK
more...
arteries and veins diagram. Diagram, veins arteries human
waitnwatch
07-06 10:58 AM
Did any of you guys read the USCIS ombudsman report in detail. It talks about FBI namechecks in some detail and specifically mentions that the namechecks are less detailed than what USCIS already does through it's available databases. In fact the FBI checks fewer things than what the USCIS already checks and so the ombudsman believes that the FBI name check is a waste of time and should be done away with.
Nevertheless USCIS still keeps the FBI name check and I believe that is for purely political reasons where they can conveniently pass the buck if something untoward happens.
Therefore harping on the FBI namecheck issue for the weekend processing may not be a good idea.
Nevertheless USCIS still keeps the FBI name check and I believe that is for purely political reasons where they can conveniently pass the buck if something untoward happens.
Therefore harping on the FBI namecheck issue for the weekend processing may not be a good idea.
arteries and veins diagram. arteries and veins of hand and
485Mbe4001
08-04 01:13 PM
FYI ..sorry to be blunt...your profile contains significant factual errors, please correct those first...just trying to help you as you are trying to help us. together we shall overcome.:p
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
more...
arteries and veins diagram. arteries+and+veins+diagram
vinzak
12-10 04:09 PM
Source:
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?
While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.
Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?
While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!
arteries and veins diagram. Human+arteries+and+veins+
desi3933
07-06 11:38 AM
may look big..... but if you check many thousands of these users were created during June-July2007 timing..... lots of people filed their GC and never came back to the site......
Only way to get the active member count is to send them email by admin and let IV member reply back. This is only for IV member who has not logged in last 3 months.
Otherwise, all we know is how many people signed up so far. Nothing more.
.
Only way to get the active member count is to send them email by admin and let IV member reply back. This is only for IV member who has not logged in last 3 months.
Otherwise, all we know is how many people signed up so far. Nothing more.
.
more...
arteries and veins diagram. arteries+and+veins+diagram
cbadari99
06-24 11:44 PM
http://www.nytimes.com/2008/06/25/us/25engineer.html?pagewanted=2&_r=1&hp
"The dean of the College of Engineering at Georgia Tech, Don P. Giddens, noted an additional factor limiting the recruitment of highly trained engineers into military jobs: more than half the engineering doctoral candidates at American universities are from abroad and so are ineligible for most jobs requiring security clearances."
"The dean of the College of Engineering at Georgia Tech, Don P. Giddens, noted an additional factor limiting the recruitment of highly trained engineers into military jobs: more than half the engineering doctoral candidates at American universities are from abroad and so are ineligible for most jobs requiring security clearances."
arteries and veins diagram. veinsofthebodydiagram
andy garcia
10-01 05:08 PM
Let us wait for the statement from USCIS
It is a long wait.
First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
It is a long wait.
First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
more...
arteries and veins diagram. Veinsofthebodydiagram
vengaiah
10-17 05:02 PM
fromcisombudsman <Cisombudsman@dhs.gov>
toVengi Mutthineni
dateFri, Oct 17, 2008 at 2:49 PM
subjectRE: Please consider the request
mailed-bydhs.gov
Thank you for your recent inquiry.
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
toVengi Mutthineni
dateFri, Oct 17, 2008 at 2:49 PM
subjectRE: Please consider the request
mailed-bydhs.gov
Thank you for your recent inquiry.
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
arteries and veins diagram. Arteries+veins+and+
rajtester
09-09 09:49 PM
Contributed third 100$.
All the best for the rally.
95N684909G120243F
All the best for the rally.
95N684909G120243F
more...
arteries and veins diagram. And part of and arteries veins
leo2606
08-12 12:59 PM
I don't think so, all centers which handle 485s will look at the application delivered date as the the RD.
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
I was asking this because some agencies consider the post marked date as the date the appllication was filed. But thanks for the response
arteries and veins diagram. of veinsofthebodydiagram
eb3_nepa
03-15 04:18 PM
Very well summarized.
arteries and veins diagram. arteries+and+veins+diagram
sujijag
07-14 08:17 PM
Good Initiative. High Five :)
Here is my confirmation
Immigration Voice $5.00 07/18/2008 7YBXC-MCJPD
Here is my confirmation
Immigration Voice $5.00 07/18/2008 7YBXC-MCJPD
JunRN
08-11 12:11 AM
I think they just pick it, check it, and receive it. No need for them to sort the papers according to the 'time received'.
n2b
09-10 11:53 AM
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(
My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(
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