sunny1000
07-08 08:08 PM
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
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sam_hoosier
12-16 01:40 PM
As much as all of us on this board would like to get our GCs, remember that GC is just a means to an end, it is not the end itself. Dont make the GC so important that not getting it starts "depressing" you.
Focus on the positives - the years that you have spent in the US have given you great experiences, some savings (hopefully:)), better perspective on life etc. Wherever you live, you can put these things to good use.
So chill out ! Getting depressed is not going to get you your GC faster.;)
P.S. I voluntarily dumped my 2003 PD to take up a new job & now I have a Dec 2006 PD. I have bought a house (and also sold one). I do not plan to allow GC to dictate my life.....
Focus on the positives - the years that you have spent in the US have given you great experiences, some savings (hopefully:)), better perspective on life etc. Wherever you live, you can put these things to good use.
So chill out ! Getting depressed is not going to get you your GC faster.;)
P.S. I voluntarily dumped my 2003 PD to take up a new job & now I have a Dec 2006 PD. I have bought a house (and also sold one). I do not plan to allow GC to dictate my life.....
lonedesi
05-23 08:20 AM
Sent emails to all senators as requested by IV
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hpandey
07-28 05:55 PM
EAD Paper Filed TSC - 21st June
RD - 06/23/08
No LUD after that. Still waiting.
Applied 06/23
Got cards for both me and my wife on 07/28
Approved for two years beginning OCT to OCT/10
The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .
RD - 06/23/08
No LUD after that. Still waiting.
Applied 06/23
Got cards for both me and my wife on 07/28
Approved for two years beginning OCT to OCT/10
The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .
more...
jsb
09-14 01:18 PM
I am not sure what SOL stands for.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
andycool
08-26 07:55 AM
May be not true, my case assgined to officer on june 29th and no news yet. But I wish Ski_dude12 good luck.
I was told by IO at info pass that my case was with an officer on Aug 05 , got CPO on 25
i had a SLUD on AUG 21 ,
Thanks
I was told by IO at info pass that my case was with an officer on Aug 05 , got CPO on 25
i had a SLUD on AUG 21 ,
Thanks
more...
unitednations
03-08 04:18 PM
I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
Be prepared with good documentation and you should be fine.
I don't work with L-1 companies.
I know of this because many of them have h-1b's and want to know how to switch.
Be prepared with good documentation and you should be fine.
I don't work with L-1 companies.
I know of this because many of them have h-1b's and want to know how to switch.
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hiUS
09-09 10:16 AM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
more...
delhiguy79
07-24 08:02 PM
While landing which car shud we take?
Own or rental?
Own or rental?
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sGC
08-22 12:29 PM
On Aug 19th we got our CPO emails. I was on vacation so couldn't post the message to the site. After that no updates from USCIS. Still waiting on the Notice mails.
more...
kshitijnt
07-09 03:28 PM
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.
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apb
09-07 02:53 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
------------------------------------------------------------------------
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
------------------------------------------------------------------------
more...
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satishku_2000
07-08 06:43 PM
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...
You should ask your lawyer about "due process under law" in american constitution ...
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...
You should ask your lawyer about "due process under law" in american constitution ...
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cjagtap
08-02 02:53 PM
My 140 was approved in 10 days from TSC and my attorney sent my 485 to TSC (they send the applications to the same ctr where your 140 got approved),my 485 reached on July 2 nd..no receipt yet ,no check cashed yet..
may be we should just wait for another 10 working days.They are still working on June cases(TSC)
may be we should just wait for another 10 working days.They are still working on June cases(TSC)
more...
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maag
05-05 01:16 PM
Shekhar....any update?
anyone else who did landing recently please post your experience
my PR expires in June, need to decide to do landing or not?
anyone else who did landing recently please post your experience
my PR expires in June, need to decide to do landing or not?
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jonty_11
01-21 01:58 PM
Not that anyone would do this purposefully...
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
more...
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akhilmahajan
02-25 02:23 PM
As we have so many ideas floating around.
Let me stress on the fact that what ever we decide to do, we need funds for that.
Although this funding drive was a bust, but i would like to try it one more time. I request fellow IV'ans to come forward and help in contributing.
GO I/WE GO. TOGETHER WE CAN.
Let me stress on the fact that what ever we decide to do, we need funds for that.
Although this funding drive was a bust, but i would like to try it one more time. I request fellow IV'ans to come forward and help in contributing.
GO I/WE GO. TOGETHER WE CAN.
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manderson
10-20 02:34 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?
I am not trying to bring everybody down. Just weighting my options in case Plan A (i.e. SKILL Act) doesn't work. This looks like an analysis thread and a good place to play the devil's advocate...
I am not trying to bring everybody down. Just weighting my options in case Plan A (i.e. SKILL Act) doesn't work. This looks like an analysis thread and a good place to play the devil's advocate...
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ryan
02-21 10:10 PM
http://immigrationvoice.org/forum/2301599-post1.html
Done! I just want to say, your efforts and drive, are incredibly commendable. Thanks.
Done! I just want to say, your efforts and drive, are incredibly commendable. Thanks.
apt29
01-29 05:42 PM
thanks for the reply but i already accepted the employment with the employer who sponsored my H1B
H1 is valid for an year from the date of last used/Approval.
H1 is valid for an year from the date of last used/Approval.
mirage
03-06 03:10 PM
Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him
1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...
I urge you guys to contact your senators & Congressmen/Congresswomen
We have a group which is focusing on this issue, if you want to join us here's the link
1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...
I urge you guys to contact your senators & Congressmen/Congresswomen
We have a group which is focusing on this issue, if you want to join us here's the link
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