Dhundhun
05-06 02:48 AM
http://www.immigration-law.com/
05/05/2008: USCIS Revises "Significantly" Child Status Protection Act (CSPA) Interpretation & Guidance 04/30/2008
I read it and seems to be complex to understand.
My I-140 was applied in Mar 2005, when my son was 20. PD became current in Jul 2007 and I-485 was filed. I-140 was approved in Oct 2007.
I have a question: Earlier, it was not possible for me to file I-485 for my son. Under new provision, is it possible?
05/05/2008: USCIS Revises "Significantly" Child Status Protection Act (CSPA) Interpretation & Guidance 04/30/2008
I read it and seems to be complex to understand.
My I-140 was applied in Mar 2005, when my son was 20. PD became current in Jul 2007 and I-485 was filed. I-140 was approved in Oct 2007.
I have a question: Earlier, it was not possible for me to file I-485 for my son. Under new provision, is it possible?
wallpaper mccoolthe undertaker th
Humhongekamyab
08-03 02:58 PM
No. Last year we had an RFE as my wife's medicals were missing a signature. As Pappu mentioned in another thread most of them were pre approved and were waiting on visa numbers I think.
Thanks. My case was pre-approved in September 2009 (I have confirmed this fact twice (Infopass and Service Center officer) - now am looking at my inbox, sms, and US CIS account all day, waiting for any sign of approval
Thanks. My case was pre-approved in September 2009 (I have confirmed this fact twice (Infopass and Service Center officer) - now am looking at my inbox, sms, and US CIS account all day, waiting for any sign of approval
rimzhim
02-02 08:55 AM
I dont think IV will take credit for any behind the scenes efforts unless they become public as to who is doinig it. But the fact that IV responded to member requests for update even before any lawyer, immigration website or even before anti iimmigrants, shows that they are truely working behind the scenes driving our bills. They may not be disclosing it all on the forums since it will affect the effort.
IV should take credit at least for clearing the air when this bogus rumor was making the rounds last night. i knew it looked suspicious. it also shows IV are on top of everything going on.
IV should take credit at least for clearing the air when this bogus rumor was making the rounds last night. i knew it looked suspicious. it also shows IV are on top of everything going on.
2011 McCool and Undertaker get
rsdang
08-22 05:47 PM
that the years for Citzenship count the day you apply for I-485...not actually recieving the GC..that was his lawyers opinion..
So does this mean that all the July filers will be eligible for Naturalization come July 2012 ( provided they get the GC by then)
Gurus please comment - any one has spoken to the lawyers on this topic?
Please share your thoughts...:confused:
So does this mean that all the July filers will be eligible for Naturalization come July 2012 ( provided they get the GC by then)
Gurus please comment - any one has spoken to the lawyers on this topic?
Please share your thoughts...:confused:
more...
suriajay12
03-22 09:33 AM
First, I am not promising to solve anything. I am just saying that I will bring up the issues when I have my meeting. If this thread is a distraction, then feel free to ignore it.
Second, those who have participated in this forum over the past year know about the issues I was working on.
Third, the forum moderators have my contact information and I have corresponded directly with them (Aman Kapoor). If you don't believe I am who I say I am, feel free to contact the mods.
I am not sure what the point is about "innocent Indians." Does it really matter if I am Canadian? Is this forum restricted to South Asians?
Totoro,
Thanks for responding., we appreciate it.
Good that you took it in the right spirit. All the efforts you are trying for us are inline with what even I wanted to do, but dont have as much access as you do. Search the forums with my id and you will see for yourself. To my knowledge there are very few who can do what you are doing. I wish Moderators and IV Core endorse your efforts in the form of a campaign and you will see much more participation. Look at the other drive they are doing for create a fund of $10000.00 If they endorse you (thats we) will get response in that order. Can you please ask Aman to do that, and that way we will have more voice.
All,
I am not sure if most of you guys even remember what my group said. We WILL contribute even $3500 and more, if there is a campaign for EB2 and EB3 and for guys waiting 5-10 years . Not sure why most of you, even senior guys(by join date, and not by # of posts) just rememer the $3500 part all the time with my name :) but miss what we said. Go n read it again.And if Core endorses does effort, I will not be surprised if there will be contribution from as much as 5000 members each of $100 on avg= $500,000. No kidding, thats the pain EB3 is facing.. Anyone to disagree??.
Gangutelli,
Gantuteli is real or fake.. similarly. Did you put all your details EXACTLY.. You know the answer.. Be little practical and have some profile that is like yours atleast.
Where were you before Jan 09..Didnt hear about IV before??.Flower campaign that hit the news.. You appear to be very emotional, with very less maturity.. Nothing personal, anyone here sees it.. check them yourself with a mature friend.I know you will post 1000 posts in the next 1 month. Tell me the secret how you get that much time(I am begging for few extra hrs in last 1 month), but only in case you have a job. Else we know.
And I said I will contribute $50 to FOIA campaign last week but did not send it yet. I will do it today. This is not in response to you Q reg contribution.. If you noticed, no one responds to your posts.
Did you create any new thread with some ideas, good or bad... Please respond to this last line, for sure..and if so, can you give me that link..
Second, those who have participated in this forum over the past year know about the issues I was working on.
Third, the forum moderators have my contact information and I have corresponded directly with them (Aman Kapoor). If you don't believe I am who I say I am, feel free to contact the mods.
I am not sure what the point is about "innocent Indians." Does it really matter if I am Canadian? Is this forum restricted to South Asians?
Totoro,
Thanks for responding., we appreciate it.
Good that you took it in the right spirit. All the efforts you are trying for us are inline with what even I wanted to do, but dont have as much access as you do. Search the forums with my id and you will see for yourself. To my knowledge there are very few who can do what you are doing. I wish Moderators and IV Core endorse your efforts in the form of a campaign and you will see much more participation. Look at the other drive they are doing for create a fund of $10000.00 If they endorse you (thats we) will get response in that order. Can you please ask Aman to do that, and that way we will have more voice.
All,
I am not sure if most of you guys even remember what my group said. We WILL contribute even $3500 and more, if there is a campaign for EB2 and EB3 and for guys waiting 5-10 years . Not sure why most of you, even senior guys(by join date, and not by # of posts) just rememer the $3500 part all the time with my name :) but miss what we said. Go n read it again.And if Core endorses does effort, I will not be surprised if there will be contribution from as much as 5000 members each of $100 on avg= $500,000. No kidding, thats the pain EB3 is facing.. Anyone to disagree??.
Gangutelli,
Gantuteli is real or fake.. similarly. Did you put all your details EXACTLY.. You know the answer.. Be little practical and have some profile that is like yours atleast.
Where were you before Jan 09..Didnt hear about IV before??.Flower campaign that hit the news.. You appear to be very emotional, with very less maturity.. Nothing personal, anyone here sees it.. check them yourself with a mature friend.I know you will post 1000 posts in the next 1 month. Tell me the secret how you get that much time(I am begging for few extra hrs in last 1 month), but only in case you have a job. Else we know.
And I said I will contribute $50 to FOIA campaign last week but did not send it yet. I will do it today. This is not in response to you Q reg contribution.. If you noticed, no one responds to your posts.
Did you create any new thread with some ideas, good or bad... Please respond to this last line, for sure..and if so, can you give me that link..
rego
03-20 09:48 AM
1. Administrative Fix to issue AP and EAD after I140 Approval instead of after I485 Filing
2. H1B Visa Revalidation by Mail
These have been discussed in detail by Immigration-Law.Com
2. H1B Visa Revalidation by Mail
These have been discussed in detail by Immigration-Law.Com
more...
anandrajesh
01-17 04:46 PM
Signed up for $20 monthly recurring payments thru Paypal.
I will keep the payments going till i get my Magic Green Card.
I will keep the payments going till i get my Magic Green Card.
2010 UNDERTAKER AND MICHELLE MCCOOL
gr_b
04-20 03:48 PM
have u got any updates?
I've sent my friend in Houston to passport office to check the status and they found my passport.. they said the same reason (photos are not good)..My friend told them to keep the passport there and he will bring new photos. I've sent the new photos to my friend on friday..I hope these new pics will come good otherwise I'll ask him to bring my passport back.. I need to renew my license :)
I've sent my friend in Houston to passport office to check the status and they found my passport.. they said the same reason (photos are not good)..My friend told them to keep the passport there and he will bring new photos. I've sent the new photos to my friend on friday..I hope these new pics will come good otherwise I'll ask him to bring my passport back.. I need to renew my license :)
more...
alisa
04-07 11:50 AM
Very true.
I think Americans have to decide.
Do they want to work with Indians/Chinese in America?
Or do they want to work with Indians/Chinese in India/China?
Their choice :)
Protect everything. Protect all the jobs. Drive all the high-tech jobs out of America.
And then either become a lawyer, or go look for a job in India/China.
If you want to see the effects of protectionist bill like these, one only needs to look at manufacturing sector. US gov. and unions protected its local manufacturing workers, wages went up and eventually the whole sector went to China and other countries. Its happening with automobile sector now. Let's hope software industry is not next.
I think Americans have to decide.
Do they want to work with Indians/Chinese in America?
Or do they want to work with Indians/Chinese in India/China?
Their choice :)
Protect everything. Protect all the jobs. Drive all the high-tech jobs out of America.
And then either become a lawyer, or go look for a job in India/China.
If you want to see the effects of protectionist bill like these, one only needs to look at manufacturing sector. US gov. and unions protected its local manufacturing workers, wages went up and eventually the whole sector went to China and other countries. Its happening with automobile sector now. Let's hope software industry is not next.
hair UNDERTAKER AND MICHELLE MCCOOL
naushit
09-01 01:03 PM
Congratulations to all who got their approvals in Sept.
I really need your advise , it seems my case is frozen and no one is looking at it.
My priority date is Aug , 2003 ,
And RD = Jun 17 2007
and ND = Jun 18 2098
My dates were within processing dates for 3 months in 2007, 9 months in 2008 and 3+ months in 2009 but still no one is adjudicating my case.
I tried following
- Enquiry thru Aila
- Service request their toll free number.
- Enquiry thru office of local senator
- Enquiry thru Ombudusman's office.
- Enquiry using info pass
All of these enquiries just send very standard formatted response suggesting we are working on your case get back in 6 months.
Any suggestions?
Please advise.
Thanks.
I really need your advise , it seems my case is frozen and no one is looking at it.
My priority date is Aug , 2003 ,
And RD = Jun 17 2007
and ND = Jun 18 2098
My dates were within processing dates for 3 months in 2007, 9 months in 2008 and 3+ months in 2009 but still no one is adjudicating my case.
I tried following
- Enquiry thru Aila
- Service request their toll free number.
- Enquiry thru office of local senator
- Enquiry thru Ombudusman's office.
- Enquiry using info pass
All of these enquiries just send very standard formatted response suggesting we are working on your case get back in 6 months.
Any suggestions?
Please advise.
Thanks.
more...
amirani
05-16 05:48 PM
I had discussion with Mr.Gotcher about this issue. He said, AILA is collecting information on this matter and they are pursuing with Altanta center. But he does not believe or expect any positive outcome. As said earlier he insist to send a formal complaint with OIG and offered his time/help. As its affecting large group of people he refused to accept any fee. I offered we are ready to cover any expense which he might incurr, but seems like it would be very less and he offered free service. Mr.Gotcher will draft a letter in a week time. What we need now - lot support and signature. We do not need to provide any case number. so I dont believe there would be any consequence. So guys please come forward. Spread this news as much as possible and get enough support. Help yourself and get out of this mess.
Thanks.
congr8ts snathan
thanks very much for helping us...please let me know if I can hlep u in anyway to raise the concern
Thanks.
congr8ts snathan
thanks very much for helping us...please let me know if I can hlep u in anyway to raise the concern
hot Undertaker and Michelle McCool
micofrost
08-04 11:29 PM
Finally got the card production email from USCIS. But did not receive it for my wife yet.
So waiting still continues.
So waiting still continues.
more...
house Undertaker and Michelle McCool
eb3retro
07-13 02:18 PM
I would just say, stay positive..in my case, I have more than 10 years of experience in specialized Healthcare IT area, with a masters degree and a PMP and I am struck in EB3 due to attorney screw up. I let out my frustration by concentrating on my career, finished my Masters and my PMP during this horrible wait. May be I wouldn't have done it if I was not waiting..We never know..Just send your thoughts in the positive direction and things will fall in place. Life goes on...
Well, I would say a year more of waiting time is kind of not okay. Already waited for so many years.
Though not offending, its pathetic to see recent EB 2 filers getting greend quickly while EB 3I, even oldest filers, are sucked in mud. No rationale et all...
God help EB3I
Well, I would say a year more of waiting time is kind of not okay. Already waited for so many years.
Though not offending, its pathetic to see recent EB 2 filers getting greend quickly while EB 3I, even oldest filers, are sucked in mud. No rationale et all...
God help EB3I
tattoo jun zero we reported The
aat0995
11-26 12:36 PM
Hi,
My daughter's pp expired March '06. We live in FL, so we need to apply to the Houston center.
So do we (a) apply for a new passport? or is it still 'renewal'?
(b) send renewal fees? how much - is it the same for an adult pp?
Believe me, I have searched all over, up-and-down, for any info on this specific situation (child pp, expired more than one year) but in vain :(.
Thanks,
Radha
My experience says it doesn't matter too much. Just attach a letter explaining that and send the fees. If you are in rush pay the highest fees or else send the lowest fees. If there is anything missing they will send the application back (at their own cost) and ask you to provide more info/fees.
My daughter's pp expired March '06. We live in FL, so we need to apply to the Houston center.
So do we (a) apply for a new passport? or is it still 'renewal'?
(b) send renewal fees? how much - is it the same for an adult pp?
Believe me, I have searched all over, up-and-down, for any info on this specific situation (child pp, expired more than one year) but in vain :(.
Thanks,
Radha
My experience says it doesn't matter too much. Just attach a letter explaining that and send the fees. If you are in rush pay the highest fees or else send the lowest fees. If there is anything missing they will send the application back (at their own cost) and ask you to provide more info/fees.
more...
pictures McCool, the Undertaker s
tinuverma
04-08 05:35 PM
Hahahahahaha
With a user id that you have and your comment above :D, I think people might take you seriously. Take it easy buddy.:) I might not go to the mall today as I was planning to and stick to home.
Life has lots of other issues,so while the GC is important it cannot and should not come before all other problems in life. Talk to the people who have been diagnosed with cancer or something else and have been told that they will live 6 months at the most, you'll understand what priorities in life are.
I do wish it was Friday today then could have downed a few pegs tonight :rolleyes:
With a user id that you have and your comment above :D, I think people might take you seriously. Take it easy buddy.:) I might not go to the mall today as I was planning to and stick to home.
Life has lots of other issues,so while the GC is important it cannot and should not come before all other problems in life. Talk to the people who have been diagnosed with cancer or something else and have been told that they will live 6 months at the most, you'll understand what priorities in life are.
I do wish it was Friday today then could have downed a few pegs tonight :rolleyes:
dresses Archives: Michelle McCool
PlainSpeak
01-12 01:55 PM
Most of us are missing the point here. The bill is aimed at those immigrants who have obtained advanced degrees in the US. And believe me, there are lot of aspiring immigrants who have been waiting since 2002-2003 who also happen to have American degrees, most of them stuck with EB3. Priority Dates will still be in play. Most probably, there will be a new category. These additional visas will help clear up backlogs irrespective of your current visa category. If you have a US degree and your PD is current, you will be eligible. Not sure what the confusion is about :)
What you say is true but can you please let me know what you think might be the reasoning of the introducer of the bill.
1. Get rid of DV because they add no value to economy - That i can understand
2. Give the saved 55 k visa to US educated GC applicants. That i CANNOT understand
WHY ?? Don't GC applicants who work but are not educated here contribute to the economy also
Instead of focussing the energy of an organiazation towards unrealistic targets such as removal of country quota and recapture of unused visa it would be better to channel all efforts to get the 55K visas given to people with older priority date, and if it makes EB2 guys panicky ask for a rule to keep the date difference between EB2 and EB3 by 3 years (an arbitary number) . That will keep EB2 and EB3 happy instead of the bill in teh current form
What you say is true but can you please let me know what you think might be the reasoning of the introducer of the bill.
1. Get rid of DV because they add no value to economy - That i can understand
2. Give the saved 55 k visa to US educated GC applicants. That i CANNOT understand
WHY ?? Don't GC applicants who work but are not educated here contribute to the economy also
Instead of focussing the energy of an organiazation towards unrealistic targets such as removal of country quota and recapture of unused visa it would be better to channel all efforts to get the 55K visas given to people with older priority date, and if it makes EB2 guys panicky ask for a rule to keep the date difference between EB2 and EB3 by 3 years (an arbitary number) . That will keep EB2 and EB3 happy instead of the bill in teh current form
more...
makeup Michelle+mccool+and+mark+
waitsolong
01-11 04:07 PM
I read all your posts. I am sure you are just an anti-immigration guy. why do you pretend being Chinese and pretend being EB1? just try to devide our EB community? Shame on you! You even don't have courage to show us who you really are.
America is country of Immigrants. Diversity visa allows everyone come. Prevents USA become small India, Mexico or China. Think from people who wrote USA law mind. We too narrow and think about only MY Greencard.
America is country of Immigrants. Diversity visa allows everyone come. Prevents USA become small India, Mexico or China. Think from people who wrote USA law mind. We too narrow and think about only MY Greencard.
girlfriend news of Undertaker#39;s
mhaxpayne
05-01 02:04 PM
PERM Filed: 12/17/2007
Audit date: 03/21/2008
PERM Audit Replied: 04/17/2008
EB2 Atlanta Wait and see....
Audit date: 03/21/2008
PERM Audit Replied: 04/17/2008
EB2 Atlanta Wait and see....
hairstyles Though i hav undertakers part
Ram_C
11-14 02:51 PM
Sent my PP for renewal few weeks back and I got it back in 2 weeks.
For me it looked like SFO is pretty good.
sounds good :)
Thanks
Ram
For me it looked like SFO is pretty good.
sounds good :)
Thanks
Ram
jaocanada
09-20 12:49 AM
I arrived at the Situation Room at about 1 pm on Monday.. didn't know anybody and nobody knew me so I was searching for a Core IV type look on anybody's face... Poor 'beenwaiting' was eating her late lunch at what seemed like a registration table and she noticed my dillema.. she promptly put her lunch aside and briefed me on the agenda and my meetings.. Thanks 'beenwainting'...
Next I remember was helping Sanjeev (can u PM me your handle?) with his tie and hurrying with Shivkanth and Sumita (can you PM me your handle too?) to a Senator's meeting. That Senator's staff knew the issues pretty well and it was fun to watch Shivkanth debate with her.
SriKondoji - it was nice meeting you. The reception and the rally next day were a great experiences. Finally I had some great Indian food at the Union Station with Indio0617, Pappu and Dr. Gupta (can u PM me your handle?)
All PA (Philly) members - let's plan on meeting over coffee sometime in the next couple of weeks.
Here are the photos that I tool to 'live blog' the rally:
http://picasaweb.google.com/getrajesh/DCRallyImmigrationVoice
The experience of attending the rally was therapeutic in a way... Day in and day out one is sucked in to the bubble of daily life, work, kids, family..... and on top of it, the thought of interminable wait for GC really burns you from inside. You know you have to go through it and you know there are thousands like you who are stuck too. And then one fine day, these thousand faceless online handles come to life together and in the nation's capital and actually march and meet the lawmakers. This has truly been a great experience.
Next I remember was helping Sanjeev (can u PM me your handle?) with his tie and hurrying with Shivkanth and Sumita (can you PM me your handle too?) to a Senator's meeting. That Senator's staff knew the issues pretty well and it was fun to watch Shivkanth debate with her.
SriKondoji - it was nice meeting you. The reception and the rally next day were a great experiences. Finally I had some great Indian food at the Union Station with Indio0617, Pappu and Dr. Gupta (can u PM me your handle?)
All PA (Philly) members - let's plan on meeting over coffee sometime in the next couple of weeks.
Here are the photos that I tool to 'live blog' the rally:
http://picasaweb.google.com/getrajesh/DCRallyImmigrationVoice
The experience of attending the rally was therapeutic in a way... Day in and day out one is sucked in to the bubble of daily life, work, kids, family..... and on top of it, the thought of interminable wait for GC really burns you from inside. You know you have to go through it and you know there are thousands like you who are stuck too. And then one fine day, these thousand faceless online handles come to life together and in the nation's capital and actually march and meet the lawmakers. This has truly been a great experience.
susie
10-10 11:35 PM
continued from previous post
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), 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, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
__________________
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), 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, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
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