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Request For Comments On Improving The Immigration Process Administratively

Discussion in 'Executive Action' started by Ron Gotcher, Dec 31, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In the good old days, you could mail your passport and visa application to an office in St. Louis and get your renewed visa back anywhere between ten days and three weeks later. You just had to be able to show that you had been issued a visa in the same category previously and that it would either expire within six months or that it expired less than a year previously.
     
  2. montyp80

    montyp80 Junior Member

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    Wow!!! There are so many small and easy fixes that can be done administratively which would make all EB immigrants life so easy and yet USCIS/DHS/DOS want to ask people for their opinion? They already know these things can be done because they were part of the system in past. Why wait for people to beg for these changes? All this because they like to see immigrants being miserable and vulnerable? Or they simply want to make more money by any means possible?

    If it is about the money then charge the same amount of money god damn it, that one would have to pay for visa stamping back home. This simple fix of visa 're-issuance' could help eliminate a great deal of stress for EB immigrants who wants to visit home but avoid simply because of issues (221g) they are very likely to face while appearing for visa stamping interview in home country.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that this is an end run by the administration around the entrenched bureaucrats at USCIS and DoS.
     
  4. s_gan

    s_gan Super Moderator

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    here is my justification.

    The law clearly states that the unused visas from FB category should be added to EB category quota of the next year. This was not done between 2002-2007. It is not a case of visas remaining unused, but a case of the procedure/law not being followed and visa numbers not being accounted correctly. Therefore these numbers should be added to FY 2015 EB quota.
     
  5. montyp80

    montyp80 Junior Member

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    And administration want to do this, why? 3 Words......2016 Presidential Election!!!!

    This is what America has come to...explained much better in the video below (believe me you don't want to miss this)
     
  6. Kamakazee

    Kamakazee Super Moderator

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    The request for comments to streamline legal immigration seems to be a preparation of the study which is due on March 22nd. Whatever they put in the report, they can say that they have taken public input on this. That's why the comment period is also for 30 days instead of 60 days. Is it safe to assume this?

    How sure are we that the study will come up with the "reinterpretation of statute"? It does not need rulemaking, so when can we expect them to implement it?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I agree that this is simply a request for public comment, not anything remotely close to notice and comment rulemaking. As to when they will implement new policies, the answer is sooner rather than later. Keep in mind that this is not a burning, emergency issue for them. They want to move promptly, but they are not going to cut corners just to get something done as quickly as possible. They want to make sure that they are immune from legal challenge.
     
  8. spil

    spil New Member

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    Could everybody submitting comments also add H4 EAD for dependent children too as one of the points. Consider that undocumented children get DACA benefits, but legal H4 dependent children just age out and have to look for F1 and H1 visas to continue living here.
     
  9. Kamakazee

    Kamakazee Super Moderator

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    There is no reason why we should not add that. They have asked for ways to improve the legal immigration system and ageing out children is a big problem. The problem looks even more glaring now that illegal children have all sorts of benefits like EADs and deferred deportation and legal children have none. We should definitely include that since H4 EAD only covers spouses.

    Again, if they allow filing of AOS with approved I-140, this problem goes away.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is not something that the President can do through executive action. Protection of aging out children must be done through legislation.
     
  11. Kamakazee

    Kamakazee Super Moderator

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    But if they allow to file for AOS with approved I-140, then this problem can go away. Whenever they can manage to do this after all the regulatory process.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The problem for children is that they must receive an approval of adjustment of status before they turn 21. If they age out before they receive an approval, their applications will be denied.
     
  13. Kamakazee

    Kamakazee Super Moderator

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    So, if they file for AOS and then they turn 21 while the AOS is pending they cannot continue on EAD/AP? They have to be under 21 during approval? So basically you are saying that once they are 21, they are on their own and can no longer be under their parent's application process. I presume their numbers are so less that no one cares about them.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They can recapture the time the principal's I-140 was pending with the USCIS, but otherwise, when they turn 21 they are on their own.
     
  15. spil

    spil New Member

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    So if I get an EAD on I-140 approval pending AOS and consequently my child also gets an EAD, the child's EAD becomes void the moment she turns 21?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes.
     
  17. spil

    spil New Member

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    That sucks totally.
     
  18. s_gan

    s_gan Super Moderator

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    I understand that each one of us have unique problems. My sense is that we should stay focused on Counting out dependents.

    This alone will add 40,000 Visas for EB2 and solve all problems in the near future (2 - 3 years). This extra 40,000 visas can also moderate the effect of of Eb3-EB2 porting and is sufficient to issue Green cards for all EB2s Is until Dec 2013. There are also chances that the dates can stay current in FY 2016 and visa spilling down to Eb3.
     
  19. spil

    spil New Member

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    DHS is asking for inputs on all issues, no need to stick to just one solution. Any one of those things could fix all our issues. I would comment on all I can.
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Considering the DoS uses a multiplier of 2.1, that would mean that EB would be guaranteed at least 294,000 visas (including dependents) and probably more than 300,000 with "fall across" from FB each year.
     

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