go_guy123
09-01 10:44 AM
Landed on H1b in 1998, still stuck in the muck
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.
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.
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ndbhatt
02-24 08:30 AM
If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
njboy
04-27 07:32 AM
dont go to the edison kilmer road dmv..those guys are waiting for a reason to refuse.. even my white american friends have had problems there..lol
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eb3retro
03-04 02:44 PM
got an RFE on my case alone, not sure abt the details, since i have not recieved it in hand. you can know my PD details in the signature.
more...
saileshdude
09-10 10:43 AM
I think these guys are just playing with our minds. They know how many applications are pending. At least they have a estimate and idea.
Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.
Now they will sit on these pending applications until the end of year and then suddenly move dates 2-3 years ahead and approve some GCs. Few will be happy and most of us will be disappointed.
jonty_11
07-06 10:32 AM
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
more...
I_need_GC
02-28 02:01 PM
Heres the dates just as an fyi.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
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garybanz
12-26 05:28 PM
Hi
I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.
Filed AP on Aug 13th, havent got it yet.
I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.
Filed AP on Aug 13th, havent got it yet.
more...
raysaikat
01-06 09:50 PM
...I do have a point and that is not to let someone throw in unsubstantiated statistics to bring bad name to some Indian universities....
How come observations made over years on 100's to 1000's of students are "unsubstantiated"? Of course you may want not to believe me; that is your prerogative, and so is writing my own experience mine.
How come observations made over years on 100's to 1000's of students are "unsubstantiated"? Of course you may want not to believe me; that is your prerogative, and so is writing my own experience mine.
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sareesh
07-16 12:44 PM
Mailed check yesterday.
Thanks,
SG.
Thanks,
SG.
more...
chisinau
10-05 01:42 AM
Thanx for the reply! In your opinion, do we still have a chanse to see relief for schedule"A" this year? From my point of view, the chanses are slim. Maybe I am too pesimistic....:confused:
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addsf345
11-24 02:21 PM
If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
more...
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bigboy007
06-02 07:53 PM
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
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bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
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GotGC??
01-03 03:05 PM
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
When my son was in 3rd grade, he was asked a question ...who were the pilgrims from your family. I told him it was his parents.
I presume just like the first pilgrims in USA had a lot of struggle, similarly we too are in the same boat....a time will come when we all will get our GC's....however the true beneficiary of the GC will be our children and our benefit will come by seeing our children getting that benefit. However, we all seem to be living better off than the 1st pilgrims...we are living more comfortably, driving good cars and have homes, enjoying the US dream to some extant....Even now if you go to your home country...you are considered a wealthy guy.....even if you have less money in your bank than your counterparts in India or other places...this is due to the standard of living in USA is expensive.
With the global economy and Infosys hiring US Citizens, I am not sure where where the job market is going, but I feel for the next 50-60 years US is still the place to live, since it has a very strong economy. With that perspective I believe a little struggle is acceptable.....
GC is out there for all of us...keep the hope alive...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
When my son was in 3rd grade, he was asked a question ...who were the pilgrims from your family. I told him it was his parents.
I presume just like the first pilgrims in USA had a lot of struggle, similarly we too are in the same boat....a time will come when we all will get our GC's....however the true beneficiary of the GC will be our children and our benefit will come by seeing our children getting that benefit. However, we all seem to be living better off than the 1st pilgrims...we are living more comfortably, driving good cars and have homes, enjoying the US dream to some extant....Even now if you go to your home country...you are considered a wealthy guy.....even if you have less money in your bank than your counterparts in India or other places...this is due to the standard of living in USA is expensive.
With the global economy and Infosys hiring US Citizens, I am not sure where where the job market is going, but I feel for the next 50-60 years US is still the place to live, since it has a very strong economy. With that perspective I believe a little struggle is acceptable.....
GC is out there for all of us...keep the hope alive...
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WeldonSprings
05-02 04:17 PM
Just responding to my quote- This question was also raised by Honorable House Democrat from Illinois Mr. Guterriez.I know everyone has looked at the Visa Bulletin. Here is a quote from it-
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???
more...
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john2255
07-21 08:02 AM
How many of you called senators office.
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GC_1000Watt
01-03 02:19 PM
Dear Friends!
(By mistake I posted this in another thread. I think this is the right one)
Good Morning and Happy New Year! Wish you all success, good health, peace of mind and great prosperity!!!
Though I visit the forum quite often, I do not particiapte in a big way. I just read to understand the view points of others. After a lot of hesitation I took time to draft this note!
I am not sure how far my views would find acceptance, but I would like to share some of my thoughts!
1. Although I would sincerely like to give credit to the IV forum for all what they have done (and doing), I personally feel that that the days of prayer and petition are gone!
2. To achieve something concrete and tangible, atleast a minimum of 100,000 (Desis + Chinese / Filippinos if possible) should rally in Washington DC to press our case.
This alone will generate enough publicity. We can show our strength and if there is a consensus, opt for a hunger strike.History has always shown that "direct action" alone has yielded results.
3. Unlike European countries where the laws of immigration and naturalization are simple, here it is very convoluted and confusing. All laws in the USA ONLY favour the employers and the law firms. Due to this, several of us have been harassed by our employers.
4. Instead of harping on the existing archiac and immigrant unfriendly rules, we could propose something like this:
a. Provide Green Cards for all legal immigrants who have completed 8 years of continuous stay, as on say, June 1, 2010. Continuity would mean not leaving the USA for a period of 90 days at a stretch. (I have completed more than 9 years personally, but I am suggesting a time line of 8 years because H1 is valid for 6 years and L1 is for 7 years. It will certianly not acceptable for the US Government to provide GC to every H1 / L1 holder. Any period below 8 years may meet with very stiff opposition)
b. The legal immigrants with 8 + years should have a criminal free record (barring minor traffic offenses) and should have filed their tax returns
c. Citizenship status should be provided to all legal immigrants with 10+ years
Note 1 : Rules in the UK/ Europe are :
Permanent residency after 5 years of legal stay
Citizenship after 10 years of legal stay or 15 yearls of illegal stay
5.We are always getting drawn into the trap and quagmire of the existing regulations and the INS / US goverment / Law firms / Employers are enjoying the fun
Note 2: I have stated everything based on my stay in different countries and keeping in mind the interests of the immigrant community very sincerely. It is upto IV to publish this or discard this. I will also NOT respond to any comments / cristicisms. I am just requesting the readers to kindly intrsopect!
Best wishes!
To be honest it seems that all of the points you made here are by taking yourself into consideration.
Most of the people here know about immigration policies in Europe, but here the system is altogether different. Isn't it? It will require herculean effort to turn around the whole system. And by the way the current system is not too bad, its just that USCIS sucks big time.
Hold on my friend. We'll be fine. Go IV.
Happy new year.
(By mistake I posted this in another thread. I think this is the right one)
Good Morning and Happy New Year! Wish you all success, good health, peace of mind and great prosperity!!!
Though I visit the forum quite often, I do not particiapte in a big way. I just read to understand the view points of others. After a lot of hesitation I took time to draft this note!
I am not sure how far my views would find acceptance, but I would like to share some of my thoughts!
1. Although I would sincerely like to give credit to the IV forum for all what they have done (and doing), I personally feel that that the days of prayer and petition are gone!
2. To achieve something concrete and tangible, atleast a minimum of 100,000 (Desis + Chinese / Filippinos if possible) should rally in Washington DC to press our case.
This alone will generate enough publicity. We can show our strength and if there is a consensus, opt for a hunger strike.History has always shown that "direct action" alone has yielded results.
3. Unlike European countries where the laws of immigration and naturalization are simple, here it is very convoluted and confusing. All laws in the USA ONLY favour the employers and the law firms. Due to this, several of us have been harassed by our employers.
4. Instead of harping on the existing archiac and immigrant unfriendly rules, we could propose something like this:
a. Provide Green Cards for all legal immigrants who have completed 8 years of continuous stay, as on say, June 1, 2010. Continuity would mean not leaving the USA for a period of 90 days at a stretch. (I have completed more than 9 years personally, but I am suggesting a time line of 8 years because H1 is valid for 6 years and L1 is for 7 years. It will certianly not acceptable for the US Government to provide GC to every H1 / L1 holder. Any period below 8 years may meet with very stiff opposition)
b. The legal immigrants with 8 + years should have a criminal free record (barring minor traffic offenses) and should have filed their tax returns
c. Citizenship status should be provided to all legal immigrants with 10+ years
Note 1 : Rules in the UK/ Europe are :
Permanent residency after 5 years of legal stay
Citizenship after 10 years of legal stay or 15 yearls of illegal stay
5.We are always getting drawn into the trap and quagmire of the existing regulations and the INS / US goverment / Law firms / Employers are enjoying the fun
Note 2: I have stated everything based on my stay in different countries and keeping in mind the interests of the immigrant community very sincerely. It is upto IV to publish this or discard this. I will also NOT respond to any comments / cristicisms. I am just requesting the readers to kindly intrsopect!
Best wishes!
To be honest it seems that all of the points you made here are by taking yourself into consideration.
Most of the people here know about immigration policies in Europe, but here the system is altogether different. Isn't it? It will require herculean effort to turn around the whole system. And by the way the current system is not too bad, its just that USCIS sucks big time.
Hold on my friend. We'll be fine. Go IV.
Happy new year.
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susie
07-15 11:30 AM
1 of 2 posts
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
DDLMODES
07-06 08:48 AM
there was a serious security lapse in issuing green cards, FBI Security check was bypassed, the USCIS might have given the visa to even terrorists.
Guys, don't put this spin on the story. Until proven otherwise YOU ARE one of those potential people that can be considered a threat.
Besides, we have no ideea if the security checks were bypassed.
Guys, don't put this spin on the story. Until proven otherwise YOU ARE one of those potential people that can be considered a threat.
Besides, we have no ideea if the security checks were bypassed.
skynet2500
12-10 04:06 PM
When am I going to get my gift card? I predicted it right. :)
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