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  • Blog Feeds
    06-27 06:50 PM
    AILA Leadership Has Just Posted the Following:


    President Obama and Congress members met privately at the White House on Thursday for their first major discussion of immigration reform. A Way Forward on Immigration (http://www.nytimes.com/2009/06/27/opinion/27sat1.html). New York Times Editorial June 27, 2009. President Obama has a lot on his plate dealing with the economy, health and energy but his approach to immigration reform indicates a clear grasp of the complex dynamic needed to win the battle. The need to reform our immigration laws now could not be more immediate or urgent. There is a crisis in immigration and the need to fix this mess has never been more critical. Immigration raids in our communities and our factories, along with the horrific conditions of detention, have created dread and anxiety within our immigrant population. The process of obtaining lawful status has become unreasonably difficult, and there are few options for the millions of immigrants, many of whom have deep roots here, but entered without visas or have expired visas. Millions of these people have U.S. citizen spouses and children, but no path to legalization. Despite decades of living in the U.S., and contributing to our economy, and whether applying for immigrant or nonimmigrant visas, the pattern is the same: restrictive adjudications coupled with outdated visa quotas that choke the system and make the attainment of lawful status virtually impossible. Whether applying through family or employment, the waiting lines are as protracted as they are preposterous. Many with advanced degrees wait for years and family visa waiting lines routinely extend a decade or longer. Due process protections that form the basis of our great democracy have been stripped from immigrants.

    President Obama told a bipartisan group of lawmakers this week that Congress should begin debating a comprehensive immigration by year�s end or early next year, but Republicans said they would support a measure only if it included an expansion of guest worker programs. Republicans Focus on Guest Workers in Immigration Debate (javascript:popup(). The White House released President Obama's remarks following a meeting on June 25, 2009 with congressional leaders to discuss immigration reform, in which he expresses his administration's support for CIR and indicates a clear understanding of the issues and how to fix them. President Obama's Remarks Following June 25 Meeting on Immigration Reform with Congressional Leaders (http://www.aila.org/content/default.aspx?docid=29384)


    The American Immigration Lawyers Association (AILA) understand immigration in a way that only a doctor understands medical ailments or an engineer understands building bridges. We know the issues from a deep perspective and not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).

    The current immigration system is broken and to allow the status quo to continue will only make things worse for the country. Until Congress deals responsibly with immigration - making taxpayers out of all immigrants, making all employers follow sensible rules, and creating a functioning legal immigration system - everything else on the President's domestic agenda is vulnerable to being dragged down. This is the year and this is the moment for a popular President to work with Congress to address a national issue in a way that benefits the American people and our economy. The Joint Center for Housing Studies of Harvard University released a new housing report which notes, �immigrants could be a key element to recovery." Immigration Impact, June 26, 2009, Immigrant Homebuyers Play Crucial Role in Housing Market Revival (javascript:popup(). The president announced that he has charged DHS Secretary Janet Napolitano with leading a bipartisan, bicameral working group to help negotiate and move a legislative package later this year, and those of us who have been championing immigration reform�and who have been training for this day�are off to the races (http://www.americanprogress.org/pressroom/statements/2009/06/White_House_immigration_meeting_statement062509.ht ml). President Kicks Off Immigration Reform (javascript:popup()"The White House meeting yesterday demonstrated that the question is no longer whether reform is necessary or whether it can be achieved this Congress. Those questions were answered squarely in the affirmative." Center for American Progress (CAP), June 26, 2009.

    The CAP report articulates five principles for responsible immigration reform grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. The nation�s broken immigration system undermines our core national values, disserves our economic and security interests, and diminishes our moral standing in the world. Congress has for years now overseen an explosion of expensive, ineffective enforcement policies that have wasted billions of taxpayer dollars, enriched criminal syndicates, divided families, disrupted communities, and battered local economies rather than confronting our failed policies with common sense solutions grounded in what is best for our nation. In short, Congress has sacrificed our national interest at the altar of a destined-to-fail, get-tough enforcement strategy.
    Confronted with this crisis the United States is left with three options: 1) preserve the status quo�an option that no responsible policymaker would advance; 2) drive millions of workers and families out of our communities, which CAP estimates would run over $41 billion annually; or 3) embrace tough but fair and practical solutions.

    The Center for American Progress correctly concludes that the status quo is untenable, mass deportation is contrary to our national interests and values, and the only viable approach is comprehensive immigration reform. Such reform would require immigrants to register and become legal, pay taxes, learn English, and pass criminal background checks.
    Five key principles for reform should guide the president and Congress as they begin to reengage this pressing domestic priority. CAP�s principles for responsible immigration reform are grounded in a belief that lasting solutions flow from policies that defend the bedrock American values of opportunity, equality, fairness, compassion, and a commitment to the common good. They are:

    Resolve the status of the undocumented

    It is morally and economically unacceptable for the wealthiest nation on earth to have 12 million people living and functioning in an underground economy in the United States. Our �shining city upon a hill� is casting a dark shadow over a large class of workers. These workers and their families are interwoven in our communities, yet they are proscribed from becoming full members of our society. Their labor enhances the nation�s competitiveness and enables economic growth, but their lack of legal status exposes them and their U.S. counterparts to manipulation and exploitation. Effective reform must require those living in the United States illegally to register, pay their full share of taxes, learn English, complete background checks, and earn the privilege of citizenship. The country will in turn benefit from an expanded tax base, a more robust rule of law, a workforce less vulnerable to exploitation, and a level playing field for all workers.

    Enhance legal immigration channels and labor mobility

    Globalization has made it increasingly more efficient to move capital, goods, and services across national borders. Yet legal channels facilitating movement of labor have not kept pace with this rapid development, even though immigration is an integral part of the American economy. The demands of global competitiveness require increased overall levels of legal immigration. Immigrants serve important roles in the success of the nation�s economy in boardrooms and corn fields, in Silicon Valley and the San Fernando Valley. Demographic trends show that an aging United States will need more workers across all occupation levels. Employment-based immigration and family-based immigration complement each other and should not be pitted against one another in a zero-sum game. Target levels should be adjusted to acknowledge that immigration is an engine of economic dynamism and to ensure that close families are not separated for years by outdated limitations. The United States must embrace the inevitable shift toward a well-regulated, legal, global labor market in order to retain our economic leadership.

    Protect U.S. workers

    Comprehensive immigration reform will benefit all U.S. workers. A program that brings undocumented immigrants out of the shadows will improve accountability for all employers. And a clear but rigorous path toward citizenship would diminish U.S. workers� vulnerability to unscrupulous employers. This creates fair, not exploitative, competition.
    Any reforms must also protect American workers by safeguarding their ability to defend their rights, including the rights to change jobs freely and organize without fear, and to earn a fair wage. Millions of American workers are experiencing unemployment or underemployment in today�s economy, and we should strive to provide just wages for all workers and terminate policies that enable employers to participate in a race to the bottom of the wage ladder.

    Foster an inclusive American identity

    Our country�s identity is shaped by core values of equality, freedom, and opportunity. Immigration and the process of assimilation constantly tests and ultimately strengthens and deepens our commitment to those values. We must be vigilant, however, to ensure that newcomers have access to programs�language and civic education�that facilitate their integration into the nation�s social and cultural fabric. Naturalization, the cornerstone of integration and first step in civic participation for new citizens, must be accessible and encouraged.

    Adopt smart enforcement policies and safeguards

    The U.S. Border Patrol�s annual budget has more than quintupled since 1993 while the number of undocumented immigrants in the United States has tripled to approximately 12 million during that same time period. Militarization of the border has obviously failed as an immigration control strategy.

    CAP has a clear grasp of the essential ingredients to reforming our immigration laws and the American public gets it. More than 80 percent (http://amvoice.3cdn.net/ea94778f39d6c895c3_zvm6beppq.pdf) of Americans across the country, across party lines, and across nearly all demographic cross-sections, want comprehensive immigration reform that secures our borders, makes employers accountable, and requires undocumented workers to register, learn English, and pay taxes.

    The president and Congress must move forward on the path they laid out this week and the American public is clearly behind the popular president.https://blogger.googleusercontent.com/tracker/186823568153827945-1584438715913274381?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/immigration-reform-now-reality.html)




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  • xgoogle
    08-21 10:09 AM
    Any updates from people in this situation ?




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  • dixie
    02-15 10:11 AM
    Definitely an idea worth considering. Of late we hvae had too many "new members" who turn out to be 2-3 post wonders - get their questions answered and vanish without a trace. But given the subsidy mentality prelavent among our "educated and skilled" community, I doubt the idea will fly.




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  • scorpion
    02-01 02:19 PM
    I think you are good.



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  • Appu
    11-16 02:09 PM
    Don't worry about processing dates..

    In a brief all centers will move 1 month forward and NSB with move 15 day forward....

    The good thing regarding the processing date is we don't have retrogation..

    Some tables (e.g., Nebraska, I-140 NIW) show retrogression of processing times. from 6 months to 15 months.




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  • raysaikat
    04-21 01:17 PM
    ... it is essential that one be in H1-B status.

    This is patently wrong. There are many people who are on EAD at the time of I-485 adjudication.

    The only legal requirement is that the person has a valid offer from the I-140 sponsoring company (or some other one, if AC21 is used) for a same or similar job (similar to what was mentioned in the LC). In practice, the petitioner should have the job at the time of adjudication.



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  • glamzon
    07-19 10:59 PM
    Chicago - Yes (Hope Exists)
    Atlanta - No




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  • anilsal
    01-08 05:15 PM
    the latest passport information once you got it..



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  • Roger Binny
    04-06 01:14 AM
    If your case is I-140 + I- 485 applied at the same time, then word on the street is they will process both at the same time rather than processing I140 first then wait for visa dates and process I485, hope you are already aware of this rumor/speculation or truth.




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  • augustus
    10-08 05:57 PM
    Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.

    Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!

    Please help me, my husband also has no clue..



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  • gcseeker2002
    01-20 05:00 PM
    I have observed that typically after becoming great, have a tendency to hide his/her EB3 roots. I mean, who'll hire you as a CEO or rocket scientist if they knew you used to be an EB3.

    Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.

    It's sad but true, America still judges you not by the content of your character but the color of your labor certification.

    I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.

    There are hundreds of eb3s including me, waiting for last several years, to do the work that all the other waiting eb3s would be proud of, but sadly enough, we have not yet got the greeeeeeeeeeeeeen caard :D




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  • chanduv23
    07-27 03:03 PM
    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.

    In very rare ocassions people get to know that their 485 is preadjudicated.

    Check out this case
    http://immigrationvoice.org/forum/344724-post54.html

    Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)



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  • sertasheep
    07-08 07:43 PM
    I have gotten in touch with Mr. Oh. and he has made corrections. Please see the following link. Request members to provide due credit and respect to other organizations and firms. We must work collaboratively.

    Thank you, Mr. Oh.


    See http://www.immigration-law.com/Canada.html



    ohlaw immigration-law.com" to sertasheep
    show details 8:04 pm (4 minutes ago)

    Corrected. Thank you.

    Original Message:
    -----------------
    From: sertasheep immigrationvoice.org
    Date: Sun, 8 Jul 2007 16:47:28 -0400
    To: matthewoh.attorney gmail.com, ohlaw immigration-law.com
    Subject: Correction required to news item on your home page

    - Show quoted text -


    Dear Mr. Oh,

    Thank you for your efforts to the immigration community, that makes your
    website a good source of information. I was writing to highlight some
    corrections required in a news item on your home page related to a Flower
    Campaign by several highly-skilled, LEGAL professionals. The reference to
    "East Indian" is not right, as there are several professionals from various
    ethnic backgrounds that are participating in this effort. Can I request you
    to change the reference from "Indian" or "East Indian" to *"Highly-skilled
    Legal Immigrants"?*

    Thank you,
    Regards




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  • pappu
    04-25 11:23 AM
    Could you please update your profile so that it helps people tracking cases on IV tracker.
    Thanks



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  • jonty_11
    01-18 01:05 PM
    No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx

    This one seems different like : PIT-xxxxxxxxxxTSC

    It doesn't seems to work anywhere.
    did u call 18003755283....and given them this receipt number...




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    04-21 10:08 PM
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  • snathan
    02-10 11:50 AM
    Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

    It will come only for I-140. You will get the approval in Perm.




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  • mrdelhiite
    08-07 10:57 AM
    Though its not mentioned it is good file I-134. You are not eligible for I-864.

    Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->

    Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.


    Thanks a ton for your help guys. :-)
    -M




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  • srarao
    07-19 02:30 PM
    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far




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    a1b2c3
    06-15 10:58 PM
    Hi,

    My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.

    My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?

    Now, we're preparing to apply B2 visa for a second time. Here are my questions:
    1. When do you think they should apply for the visa again?
    2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
    3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
    3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?

    My parents definitely don't want to immigrate to the US.

    Help...help....please...I really want them to attend my wedding.


    Thanks a bunch for all of your advise!

    which country are you from?



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