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Per-country Cap

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

  1. gten20

    gten20 Junior Member

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    Ron, I think you are wrong on this one. H4 EAD didn't need executive order. Obama wanted to include it in his Nov 2014 executive action speech and thats why it was delayed. I think Obama and white house are actively or passively delaying it again. He will do a few more ribbon cutting ceremony or at least one more before this gets finalized. Legislative changes for immigration are dead until after 2016 election and this is the only reform he can bring. So he has to do some more ribbon cutting to etch this in people brain as his legacy.
     
  2. binu2007

    binu2007 Senior Member

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    IF one is Legal immigrant they don't have to make noise there is a system to take care of that. If IV like organizations hijackcertain things like spill over law all these EB3 India backlogs are because of these kind of weeds.
     
  3. s_gan

    s_gan Super Moderator

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    I cannot speak for others. I did post my comments, but I don't think anything is going to be done with those inputs.

    To answer your question. Legals don't yell because they don't want to risk deportation.
     
  4. speedracer

    speedracer Guru

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    every little comment helps, I am thankful that all of us who did comment did our part, however small , every small thing helps.
    As for other things.. unfortunately I live in pro-immigration state so there is nothing I can push to make sure my reps represent our cause, they already are leading it. I do other things on my own.. well knowing it may not do anything.. but it might .. and that's the hope. so do what you can and hope for the best..
     
  5. nutcracker

    nutcracker New Member

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    Ron

    I checked the I821d form release for DACA. It is clearly a 7 page document compared to the i485. So isnt the processing time required for an illegal much more than legal??
     
  6. s_gan

    s_gan Super Moderator

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    Au contraire ! the processing time will be less because more people will be hired to handle these applications even if it means hiring 1 person per page.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    DACA/DAPA cases will be processed in a newly leased facility in Arlington, VA by newly hired personnel. They do not plan to divert any of their current resources to process these cases. Similarly, if they change the rules to allow for more AOS filings, they will hire more adjudicators and support staff, not divert other resources.
     
  8. ProfessorChaos

    ProfessorChaos New Member

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    Ron, on what basis are Hong Kong and China considered separate 'countries' for visa chargeability?

    Hypothetically, could they consider say Delhi a separate country for visa chargeability because it has a special status as a 'National Capital Territory' of India? How about Kashmir because it enjoys a special status as an autonomous state of India? http://en.wikipedia.org/wiki/Jammu_and_Kashmir
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    All you have to do is convince Congress to pass a statute, as they did with Hong Kong, making it a separate territory for quota purposes.
     
  10. ProfessorChaos

    ProfessorChaos New Member

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    Ok, so it's established by Congress, not the Executive. No chance of reinterpretation then however hypothetical it may be.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    None
     
  12. s_gan

    s_gan Super Moderator

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    Because in 1990 Hongkong was a British Colony.
     
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  13. cuckoo

    cuckoo Super Moderator

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    I do not see how anyone could make case for Delhi being a separate country, much as Kejriwal would love that. As to J&K, you really want to go there? I am sure that would make Pakistan happy, but I do not think this administration (or any other in the foreseeable future) would do something that stupid. Moreover, I doubt there is that many applicants, if any, who would benefit from just a politically explosive exercise.
     
  14. s_gan

    s_gan Super Moderator

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    those arguments are signs of desperation :)
     
  15. ProfessorChaos

    ProfessorChaos New Member

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    I didn't think anyone would actually seriously consider this. I was wondering why HK was treated as a separate country - was it a Congressional decision or an Executive one?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is absolutely no way that is
    Legislative. It was part of ImmAct 90
     
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  17. s_gan

    s_gan Super Moderator

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    many of these are done for diplomatic reasons.
     
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  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I was working as a lobbyist when that happened. My client was one of those that pushed for it. Believe me, this was a priority for big business and they pushed hard. There was really no valid reason for carving out an exception for Hong Kong, other than the fact that big companies wanted it.
     
  19. ProfessorChaos

    ProfessorChaos New Member

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    Really? I think a valid case can be made for treating HK as a separate country because they have autonomy over their immigration policy.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Do they have U.N. membership?
     

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