1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Administrative Action to allow AOS filing without current visa numbers

Discussion in 'Immigration legislation' started by cuckoo, Jul 15, 2013.

Thread Status:
Not open for further replies.
  1. divinewind

    divinewind New Member

    Messages:
    62
    Likes Received:
    8
    Trophy Points:
    8
    I know you are making a prediction but I am just curious. If the Republicans are at 51 seats on the night of Dec 6th, what difference does the run off on Jan 6th make ? Only makes Obama look bad for breaking his end of the year promise.

    Your theory makes sense if the Republicans and Democrats end up with 49 seats on Nov 4th. Louisiana's run off is on Dec 6th. Georgia's run off is on Jan 6th.

    Should we all pray for a Republican senate on Nov 4th for the EO to arrive in Nov-Dec ? I am torn.
     
  2. divinewind

    divinewind New Member

    Messages:
    62
    Likes Received:
    8
    Trophy Points:
    8
    Unfortunately the fate of legal immigrants and illegals or undocumented immigrants is intertwined.
    Here is my question : Can the immigration activists influence the timing at least now ? It would be obvious that the white house is playing naked politics of the third rate order if they postpone the EO to January.

    "In June, he had watched on TV as President Obama promised he would stop deporting certain kinds of illegal immigrants by the end of summer. The president and his staff said they would bypass Congress by issuing an executive action to help people with clean criminal records and American-citizen children -- people like Javier. "This means you!" an immigration advocate had written to him, and even though Javier had already been ordered deported he believed his miracle had come. He would be able to stay with his children, ages 10, 7, 4 and 9 months. He would be able to keep his job at the window factory, where he managed 30 people and paid $850 in U.S. taxes each month. "A perfect case," the advocate wrote again, and all Javier had to do was wait for Obama to say the things he had promised to say.

    But then July turned into August, and August turned into September, and Obama decided it was more politically prudent to delay his executive action until after November's midterm elections. So instead of being offered his reprieve, Javier was sent back to the poorest state in Mexico, where the advocate had sent him one final note. "Sorry," it read. "Terrible timing."

    http://www.huffingtonpost.com/national-council-of-la-raza-/the-consequences-of-delay_b_6078036.html
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    No matter how many seats the Republicans win next week, the Democrats want to keep that seat from Louisiana.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Of course it's naked politics! I very seriously doubt that anyone can push the administration to advance the date of the announcement.
     
  5. nohohon

    nohohon Junior Member

    Messages:
    76
    Likes Received:
    13
    Trophy Points:
    8
    Ron, I really wish I had your confidence that there will be something to ease immigration backlogs. Honestly, at this point I just see an increase in OPT and more H1B visas (recapture?) but that's about it. I'd be very happy to be proven wrong.
     
  6. s_gan

    s_gan Super Moderator

    Messages:
    5,313
    Likes Received:
    5,426
    Trophy Points:
    113
    Where do you plan to recapture H1B visas from ?

    unused H1B visas (singapore and chile) are added to next year's quota. There is no such thing as unused H1B
     
  7. s_gan

    s_gan Super Moderator

    Messages:
    5,313
    Likes Received:
    5,426
    Trophy Points:
    113
  8. nohohon

    nohohon Junior Member

    Messages:
    76
    Likes Received:
    13
    Trophy Points:
    8
    Okay, lets call it more "temporary visas". The latest MSNBC article states "The White House is also considering a suite of tweaks to the legal immigration system that could make it easier for foreign students in America to find work after graduation and free up visa slots for businesses such as tech companies, which rely heavily on legal immigrants to fill high-skill jobs". These are not anyway related to the EB community already standing in line. Obviously, there is a speculative element in this article, but its a far cry from the days of the Computer World articles that promised bold steps to ease backlogs.
     
  9. s_gan

    s_gan Super Moderator

    Messages:
    5,313
    Likes Received:
    5,426
    Trophy Points:
    113
    Temporary visas cannot be granted without congressional approval. Temporary visas are not the same as deferred actions. Beneficiaries of deferred actions will not qualify for naturalization unless there is a legislative action.

    Originally OPT used to be for a maximum period of 12 months. Things started to change during the Bush years and now it is 27 months. This has allowed students to make at least 2 attempts for H1B lottery. If the dependents are removed, students can directly go from OPT to I-485 as the demand will go down.
     
  10. manixium

    manixium Super Moderator

    Messages:
    742
    Likes Received:
    827
    Trophy Points:
    93
    You're forgetting PERM....
    That can take a year at least or 2 if audit, so the need for temporary work prior to I-485 still remains.
     
  11. manixium

    manixium Super Moderator

    Messages:
    742
    Likes Received:
    827
    Trophy Points:
    93
    Ron, I say this with the most respect. I've been following this forum for quite a while now, and have come to believe that the most likely thing to happen is the opposite of what you predict. Why do I say that? Because your predictions are solid, grounded in fact and reason. Unfortunately, the government behaves the exact opposite way.
    So what I expect is no difference in backlogs, and a couple of sops thrown to legal immigrants and a bunch to illegals. EAD upon filing I-140 is what my guess is - AoS upon I-140 without a current number is forbidden by law, so I doubt an EO could overcome it.
    An EO could instead say that EADs can be filed - just as it does for DACA right now. Leaving dependents out nearly doubles immigration numbers so I doubt that will come to pass. American's aren't anti - immigrant, but I don't see them whole heartedly supporting doubling of the immigrant inflow.
     
  12. p19671

    p19671 Junior Member

    Messages:
    27
    Likes Received:
    0
    Trophy Points:
    1
    This post make much more sense to me.
     
  13. s_gan

    s_gan Super Moderator

    Messages:
    5,313
    Likes Received:
    5,426
    Trophy Points:
    113
    Out of respect to Ron, I did not want to say this however I concur with you.
     
  14. mgfag2000

    mgfag2000 Member

    Messages:
    242
    Likes Received:
    15
    Trophy Points:
    18
    Ugh....another month till the runoff in LA on Dec 6th...this is unbearable. I wonder why LA is so important.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Guys, don't be afraid to disagree, particularly with me. The purpose of this forum is to invite reasoned discussion and debate. No one has a perfect crystal ball. We are all just speculating in the dark here. As long as people don't start calling each other names, I'm happy.
     
  16. divinewind

    divinewind New Member

    Messages:
    62
    Likes Received:
    8
    Trophy Points:
    8
    Ron, wish you would run for Congress and then Senate one day. I will drink one for you.

    John McCain advises Obama not to take executive action !

    http://www.azcentral.com/story/azdc...ma-against-executive-action-amnesty/18190005/

    I am certain Obama will do the exact opposite of what these senators want. Just look at the past six years, he has done the polar opposite of what these Senators recommend from Syria to Ebola. I feel more optimistic now.
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    The problem that congressional Republicans have is that threats not to act on immigration if he goes it alone don't really carry much weight since it is clear that they aren't going to do anything anyway.
     
  18. s_gan

    s_gan Super Moderator

    Messages:
    5,313
    Likes Received:
    5,426
    Trophy Points:
    113
    I have to concede, even liberal dems are agreeable to a compromise on legalization without pathway to citzenship. it is it house GOP which is intransigent.
     
    bhuvr likes this.
  19. s_gan

    s_gan Super Moderator

    Messages:
    5,313
    Likes Received:
    5,426
    Trophy Points:
    113

    It is not about being afraid, it is about not trying to irritate someone who is trying to help people like me.
     
  20. mgfag2000

    mgfag2000 Member

    Messages:
    242
    Likes Received:
    15
    Trophy Points:
    18
    It looks like come Nov 5th there is going to be intense pressure on BO to issue his EOs.

    There is a hint as to who (~ 3-5 million) among the undocumented will be eligible (people who have
    stayed here 10yrs or more or with significant family ties). But there is going to be a push to force BO to expand to get it close to the 8million number but we will see. Legals will benefit too.

    So the bottom line is I don't think BO is going to wait till Dec 6th especially if the count on the night of Nov 5th is say 49-49 or even 51-47
     
Thread Status:
Not open for further replies.

Share This Page