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Per-country Cap

Discussion in 'Visa Modernization' started by s_gan, Jan 23, 2015.

  1. s_gan

    s_gan Super Moderator

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    Ron,

    On a different topic. If Federal Court can overturn california prop 187 because it was discriminatory against some races and nationalities why is per country cap in legal immigration not discriminatory ?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Because the constitution gives Congress plenary power over immigration. A Supreme Court opinion once said "We're not sure what due process requires when it comes to aliens, but we are sure that it is whatever Congress says it is."
     
  3. s_gan

    s_gan Super Moderator

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    When you say Congress is it both HR and Senate or simply HR ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Both.
     
  5. s_gan

    s_gan Super Moderator

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  6. Shane

    Shane Junior Member

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    Not sure what to make out of this web link!!
    Can it have a potential for reality?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Gary and Cyrus are both really bright guys. Their comments are grounded in reality.
     
  8. Kamakazee

    Kamakazee Super Moderator

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    Gary and Cyrus had always said that counting out derivatives was possible and legal and the best way to get rid of the backlog. Ultimately, it is the will of POTUS and its agencies to implement them and help the legal immigrants. We will know by end of this year.
     
    Last edited: Feb 4, 2015
  9. s_gan

    s_gan Super Moderator

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    I see you getting pessimistic about the whole visa modernization thing....
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, I'm still very optimistic. I just think that it is likely to happen later, rather than sooner.
     
  11. Rick D

    Rick D Active Member

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    Ron, Do you think the statute reinterpretation, if it happens, will come into force later than what we have been anticipating? I think the general perception was , march for study results and April-May for it coming into force.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that they have already decided to do it. The study serves two purposes. First, it provides an additional layer of defense if this gets litigated. Second, it kills some time. The USCIS will likely see at least half a million AOS applications if this happens. They simply aren't prepared for that deluge. So, to the extent they take additional time beyond the end of next month, it will be to give the USCIS additional time to ramp up.

    They are likely going to decouple I-140/I-485 filings, as well as eliminate premium processing for I-140 petitions at the same time the statute is reinterpreted.
     
  13. dreamwalker

    dreamwalker Member

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    Ron, you think they can handle 5 mil illegal applicants but not 0.5 million legal applications. why does this administration does not like the people who follow law?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is a huge difference between DAPA and DACA applications, on the one hand, and adjustment of status applications, on the other. DACA and DAPA will involve a two page main form, an EAD application, and supporting documents. An AOS application involves a six page I-485, one page G-325A, I-765 (EAD) and I-131 (AP), medical exam results, plus supporting documents. AOS cases require the consolidation of all of the applicant's other immigration files, as well as a detailed review of those files for eligibility. AOS applications usually involve multiple dependents, where DAPA and DACA do not. Adjudicating an AOS file can easily take five times as long as a DAPA or DACA file.

    I fully expect AOS processing times to revert to their historical norm of three to five years.
     
  15. rahulgupta32

    rahulgupta32 Junior Member

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    Ron,

    If someone read your last reply in isolation, it will make it clear how much the system scrutinizes the legals vs the illegals. A Two page application from an illegal to EAD, really.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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  17. s_gan

    s_gan Super Moderator

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    I am skeptical after the H4 delay. The entire visa modernization thing is an eyewash and was used to look good in front of legal aliens.

    "Oh we tried to help you but we can't"
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Trust me, I am no fan of the USCIS. Personally, if it were up to me, the entire organization would be abolished and replaced with another. The new organization would be prohibited from hiring anyone who had ever worked for the INS/USCIS previously.

    Having said that, I also understand the limitations they are working under and why they can't simply snap their fingers and make things happen. Keep in mind that what the illegals are getting (in return for turning themselves in) is a minimum three year deferment of removal. They aren't getting legal status; they are still deportable. They are being given work authorization so that they won't become public charges.

    Benefits for legal nonimmigrants and immigrants involve much more work and thought. When they change the rules and allow H4s to work, that is permanent. Originally, they proposed a very limited pool of eligible H4s. From what I have heard, they are going to expand that. If they do, it takes time to draft and vet the new language.
     
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  19. s_gan

    s_gan Super Moderator

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    It is unfair to blame the USCIS and I don't want to do that. The edict should be from the administration to get things done. I am not against illegals getting benefits, but to completely ignore the legal non-immigrants is nothing but prejudice.
     
    Last edited: Feb 4, 2015
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If it weren't for the administration initiating and pushing this, it would never happen.
     

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