Saturday, June 18, 2011

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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.




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  • lccleared
    09-10 09:24 PM
    Small Contribution of $ 100 through Paypal. Confirmation # 2SX022305K271564K.




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  • masti_Gai
    01-10 03:30 PM
    Am not going back no matter what....




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  • Totoro
    05-02 01:41 PM
    it is shame on IRS!! listen, everyone is paying tax. if we are able to file tax as couple with itin for the spouse, why are they not using the same approach for the stimulus package. Do they not aware of this section of h1b visa holders who are paying taxes and are not benefited. folks, some of you are in h1b and got your ead and ssn for your sponse are better off, there are folks who are still on h1b and spouse on h4 filed with itin is not eligible because i am not within in the <70k limit. this is ridiculus and shame for everyone who came up with the great idea of stimulating the economy and share our tax money to others and not with this disadvantage section of the people. it is absolutely shame for IRS or whoever came up with the super idea of not considering the folks who filed with ITIN. IRS listen, if anyone who is citizen, illegal or legal, if they pay tax, they are entitled to get this stimulus package.. it is really a shame on you whoever not recognized this affected section of people.

    It is not the IRS's fault. They are just following the law. The IRS people are not very happy about this law either. It just makes their job that much more complicated.

    One person you can thank for this is Lou Dobbs, who went off parroting the comments of FAIR.

    http://firstfriday.wordpress.com/2008/01/30/congressional-republicans-to-lou-dobbs-youre-wrong-jerk-ok-we-added-the-jerk-bit/

    It makes you wonder who is pulling the strings in Washington.

    Again, if anyone is willing to share his or her story with the press, please contact me.



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  • mayhemt
    06-24 08:47 PM
    Actually there are 2 sides to these questions.. (Of course I am also one of the EB3 aspirants.)

    1. What is America losing because of our prolonged wait for Green Cards?

    America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.

    America would be gaining in terms of revenue & employment creation:
    Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
    The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.


    2. How people who have green cards are contributing to the country as a whole ?
    By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
    A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.


    On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.



    3. What if the whole green card process takes less than 3 years ?
    If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.

    On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.




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  • karthiknv143
    08-13 04:44 PM
    Rcvd Receipt Notice from my Attorney.

    Filed: July 2nd
    PD: Jan 2006
    I-140 Apporved: Nov 2006
    Receipt Date: 8/10/2007 (Attorney on Received 8/13 Today)

    NSC or TSC ? what time it reached :) Who signed for u?



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  • kevinkris
    07-14 03:28 PM
    As i noticed that i haven't added FIVE for my wife.. so updated it to 10$

    Thanks kevinkris




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  • franklin
    09-29 10:50 AM
    Except, Franklin is not from a retrogressed country.... :)

    jazz

    Actually, techincally I am - eb3 ROW suffers from retrogression



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  • viskota
    07-15 05:06 PM
    Paid $10 through bill pay




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  • guy03062
    09-11 04:57 PM
    By the way, let me clarify that I have nothing against 2006 PD who got approved last month...but my frustration is against USCIS system who does not follow FIFO. Sorry if I have hurt someone's feelings.

    This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.



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  • ramus
    07-06 05:24 PM
    07/06/2007: Temporary Restrain Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action

    On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.


    From OH




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  • Macaca
    09-15 08:24 AM
    Legal Immigrants `Stuck' as U.S. Agencies Struggle With Backlog (http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aJxl3j_vmv7Y) By Nicholas Johnston (njohnston3@bloomberg.net) | Bloomberg, June 7, 2006



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  • sriramkalyan
    06-09 12:05 PM
    i was regular contributor to IV ..I stopped it ..

    My request is ..

    All postings on IV should identify the user as contributing member or a Free User.

    That change will help IV to increase Funding ..

    I will sign up for monthly recurring to IV if I see above change ..




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  • add78
    07-11 02:51 PM
    "Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become “unavailable” beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."

    Question is how long will it stay 01Jan03?

    My PD is feb 03 :mad:
    They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
    If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html



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  • gc_on_demand
    04-30 03:00 PM
    We dont need EAD And AP if they process 485 in 6 months or less




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  • rashbhat
    08-12 10:05 AM
    Just thought let me update my case here.

    I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".

    So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.

    Hope this will help many people and give a good hopes.

    Thanks



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  • ANGEL
    07-30 02:04 AM
    Icedgin,

    I was not married to her when she got her green card.It is even more difficult if we wait for family based petition, so we decided to get it through EB3, which at that time the sched A was very much highlighted.I am also ff any ammendments offered but to our dismay,the battle is even more uphill.She works in ICU and she said that it is undeniably true that shortage of nurses is everywhere.Am sure our wives are also suffering just as bad.Hope none of the lawmakers have to wait in ER becasue the nurse who is suppose to look after her/him is still waiting for his visa. this American dream is just taking its toll on a lot of people.It is very frustrating.




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  • nk2
    07-16 09:24 AM
    Paid 50$ thru DCU Bill pay - conf number 7YHRV-XC1JL




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  • javadeveloper
    07-18 04:25 PM
    Hello All,

    Some food for thought.

    As I understand we (i.e IV) has 21000 members and 14000 active members. If even each active member contrubute $ 20 per month, that would be $ 420,000 per month or about $ 5 Mn per year.

    Imagine the miracles that we can do with that kind of fund!! And I am damn sure that we can afford $ 20 per month. Cost of few gallons of gas per month.

    Non contributing, active members! Please wake up atleast now and do some soul searching!!!

    I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more contributions if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.




    Green.Tech
    06-17 05:12 PM
    Paypal away!!!




    satyasaich
    07-14 02:24 PM
    Dear IVians

    Please make it happen. Just $5 will never hurt anybody's economy / budget.
    I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50

    Suport IV

    Satya



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