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Administrative Action to allow AOS filing without current visa numbers

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

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  1. Satish.txt

    Satish.txt Member

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  2. s_gan

    s_gan Super Moderator

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    Romney is not seen as a republican by GOP reps.
     
  3. Kamakazee

    Kamakazee Super Moderator

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    Ron, in a few earlier posts, you had thrown out a recommendation about opening a thread to discuss what documents would be required and how to prepare for AOS. Makes me wonder if you got any inside info from your "friends in Washington". Would give us a lot of hope.

    I still do not understand how filing of AOS can happen without removal of dependents or previous GC recapture, whatever the method would be to make the VBs current. The INA is very clear in saying that "An immigrant visa number must be available at the time of AOS filing", hence this cannot be changed via EO.

    The only other thing is that USCIS can say that all with approved I-140s will get EADs, just like illegals kids fulfilling certain criteria gets EADs in DACA. So, what will it be is the question - a change in policy to make VBs current or give EADs to everyone with approved I-140s?
     
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  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Other than quieting hecklers at his appearances, I don't see any political benefit to announcing before the last runoff is over. On the flip side, there is the potential of losing up to two Senate seats by making an early announcement.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Republicans have been promising immigration reform for years and haven't been able to deliver. Boehner said that he would bring S744 to the House floor for consideration and a vote within a few months of its passage in the Senate. He then backed off, using the excuse that the President who presided over the deportation of more aliens than any other in history "couldn't be trusted" to enforce border security.

    The plain fact is that the Taliban wing of the Republican party will never agree to more immigration. To be sure, a likely majority of congressional Republicans are in favor of responsible immigration legislation, but they are being blocked by the nativist wingnuts.
     
  6. Kamakazee

    Kamakazee Super Moderator

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    So, we can see announcements go to as late as January.

    But Ron, if I interpreted your posts correctly, you said that the USCIS can announce policy changes to the legal provisions. So, they will happen along with the announcements for illegals too?
     
  7. s_gan

    s_gan Super Moderator

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    I don't expect GOP to do anything forever. If they win Senate the right wing will be convinced that they don't have to appease hispanics.
     
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  8. Kamakazee

    Kamakazee Super Moderator

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    That will ultimately bring the party's demise and a landslide victory for the Democrats in 2016. The President's EO will energize the Hispanics and will provide a perfect example as to how divided the Republicans really are. Even if they control both chambers, the party is so divided among themselves, they will not be able to pass any sensible bills showing everyone that they are incapable of governing.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes.
     
  10. Kamakazee

    Kamakazee Super Moderator

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    But USCIS policy changes are not EO, right? EOs need to be renewed every 2 years and the next President can undo it. But if USCIS makes a policy change, it is there till they decide to change it again right?

    I think this makes a lot of difference to the legal immigrant community. What type of policy changes are we expecting from USCIS?
     
  11. Immigrant2004

    Immigrant2004 Junior Member

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    Ron, Party in power doesn't seem to matter. Both parties have not so bright record on immigration except for when it benefits them. Its not difficult to understand the POTUS's motivation behind the EO on the undocumented. My question to you is what in your opinion would be his motivation to do anything for legal immigration ? What does he or his party tend to gain from including legals in the EO ?

    Here are some reasons that I have heard in the media -
    1. Thinking about his legacy - He would have achieved that by helping undocumented, daca, etc.
    2. Include tech and agri business needs to soften criticism - Undocumented matters would get attention no matter whether he includes business needs or not.He didn't include them in DACA still won the elections.
    3. He truly cares for easing backlogs - This isnt a widespead issue only certain countries suffer from the issue.
    4. More skilled workers - H4 EAD, allowing EAD after I-140 and extending OPT.

    None of the reasons for easing visa backlogs have been strong enough to get or keep his attention in speeches as election topics and as policy matter. In addition to this there is no clear mention anywhere of whether or not he can legally reinterpret counting of dependents for visa numbers.

    I am curious of your opinion, why do you think he will do anything for legal immigration and it would not just be reform for he undocumented similar to when he announced DACA ?
     
  12. NeverEndingWait

    NeverEndingWait Junior Member

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    Hi Ron,

    You are right, GOP is not interested in working on any immigration bill. Last time when S744 went to voting, I sent a petition to my senator Chuck Grassley to support the bill. Unfortunately I got below response from him. I was not aware that the right wing is so anti-immigrant.

    _______________________________________________________________________________________________________
    _______________________________________________________________________________________________________
    111 7TH AVENUE, SE, BOX 13
    SUITE 6800
    CEDAR RAPIDS, IA 52401-2101
    (319) 363-6832

    201 WEST 2ND STREET
    SUITE 720
    DAVENPORT, IA 52801-1817
    (563) 322-4331

    307 FEDERAL BUILDING
    8 SOUTH 6TH STREET
    COUNCIL BLUFFS, IA 51501-4204
    (712) 322-7103

    Thank you for sending me a petition that asks the Congress and the Administration to streamline the immigration process for people working to obtain permanent residency.


    In the petition, you provided a number of measures that the Administration could take without legislation, and advocated for changes in the law to help law abiding, taxpaying and professional workers obtain a green card. I realize there are many people working in the United States and they’d like certainty to remain in the country. The immigration bill passed by the Senate on June 27 includes some of the recommendations you provided, including removing the per country limitation on employment based immigration. The bill would increase H-1B visas and permanent residency slots available to workers who are needed in the U.S.


    While I voted against the bill, I have hopes for a better product to come out of a conference committee. My hope is that we send a bill to the President that will make America stronger, make our border more secure, and make our immigration system more effective. That’s what Americans deserve, and what we have a responsibility to deliver.


    Sincerely,

    Chuck


    P.S. To read the statements I gave on the Senate floor during the three week debate on immigration, and to review other material on immigration or other federal matters, please visit my website at www.grassley.senate.gov.
    _______________________________________________________________________________________________________
     
  13. dgp004

    dgp004 Junior Member

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    Senate election outcome
    48 D/52R
    or 49D/51R
    These are the most likely outcome of tomorrow's election.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As I wrote earlier, all executive orders are automatically extended by the next administration.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The bottom line is that Silicon Valley is a cash cow for politicians. Why would he provide relief for EB immigrants? Simple, he wants to take care of current party donors and attract new one.
     
  16. Kamakazee

    Kamakazee Super Moderator

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    But doesn't the Silicon Valley want the backlog to continue? Everything in the current process other than more H1Bs work in their favor. Why would they want it to change? Relief to EB immigrants will allow them to freely change jobs and shop around for a higher pay rate. That does not work in any company's favor.
     
  17. manixium

    manixium Super Moderator

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    The flip side is it makes it hard for a company to hire talent because they have to go through PERM and H1B renewals and what not over and over again. An EAD makes it easier to hire as well. That being said the body shops and outsourcers will prefer backlogs, of course.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Trust me, they want the quota expanded. I've been through this twice before. If the quota is expanded, the numbers of people with work authorization will expand enormously. That, in turn, will result in lower wages and fewer job opportunities for skilled immigrant workers.
     
  19. Kamakazee

    Kamakazee Super Moderator

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    Ok, I get what you mean. They want to flood the market with enough skilled workers so that they compete against each other allowing the company to pick and choose. That allows them to get the best candidate or in some cases, the cheapest one. And I agree, the only ones opposing this will be the body shops and outsourcers.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Exactly. The tech companies REALLY want this. Consider how much money they will save by not having to file H1B petitions.
     
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