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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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    It could happen as early as late March.
     
  2. Kamakazee

    Kamakazee Super Moderator

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    Is there a reason to delay the H4 EAD rule because of this? Because approved I-140 applicants (H1B and H4) will be able to file for EAD/AP anyway. But that still leaves out the people with AC21 passed 6 years but no approved I-140 yet.

    I would like to think that the H4 EAD rule and the consideration of statute reinterpretation would be separate.
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, not at all. The two are independent of one another.
     
  4. Nandakumar

    Nandakumar Senior Member

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  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That article talks about legislation, not executive actions. I think that the Hatch bill (S.153) has a good chance to pass the Senate, but the problem as always is the House. The votes are there to pass it in the House, but not without Democrats pitching in. The "Hastert Rule" - at least as applied by Boehner - requires a bill to have enough Republican votes to pass. If that is applied, this will die in the House.
     
  6. Nandakumar

    Nandakumar Senior Member

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    Thanks for reply Ron.
     
  7. s_gan

    s_gan Super Moderator

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    I am not in favor of any legislative relief simply because it cannot happen. The last time any substantial immigration bill was passed was in 2000. Too much water has flown under the bridge since then. It is very difficult to convince natives about the need for an immigration reform. The only solution is statute re-interpretation.
     
  8. gten20

    gten20 Junior Member

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    I don't expect any legislation to happen before the next presidential election. This is just lot of noise to distract and show that congress is trying to do something... but they are doing the same thing again and again.
     
  9. Rick D

    Rick D Active Member

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    I agree. The outcome of EO study and the potential GC reforms based on it (if any at all) is the only thing likely to happen for many years to come. There is always going to be a minority vocal enough to derail any sensible legislative reforms.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that S.153 will go to the floor in the Senate, but I don't see it going anywhere after that.
     
  11. Kamakazee

    Kamakazee Super Moderator

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    Statute reinterpretation may be the best bet. But when will they implement it?? I gave grave doubts on that. The study is supposed to come out in March. Who knows if that will be in there? When will it be implemented?

    And pre registration will have to follow the regulatory process. Their track record on H4 EAD tells that we may not even get it this year. The agency is simply lazy and now have become an agency that only caters to the illegals thanks to the President's orders. They are having DACA and DAP teleconferences every 10 days and legal H4s who have already applied for GCs do not know when they can apply.

    A nation of laws indeed. The speaker told today that the President has said 22 times he cannot change the law. Then he did just that. And everything for the illegals.
     
  12. gten20

    gten20 Junior Member

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    Why would Congress try to solve this now before 2016 election? Everybody wins with status quo, except silicon valley companies and immigrants (legals and illegals). Silicon Valley started to pump big money for this issue... you think congress won't milk that cow a few times?
     
  13. Rick D

    Rick D Active Member

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    If they do come up with recommendations for statute reinterpretation in March, they may not put it into effect immediately. Since USCIS will already be inundated with DACA and DAPA applications at that time, they may decide to hold off another barrage of AOS applications that will likely happen due to significant PD movement. So they may wait till things settle down on DAPA side before moving ahead with reinterpretation, which will likely be towards the end of year.
    But the million dollar question still is whether it will be included in the study at all. If it isn't included, there won't be any GC based reform until at least a couple of years into the next presidency, maybe even later. The good part is that it won't be all that long before we find out.
     
    Last edited: Jan 15, 2015
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The President hasn't "changed the laws" for anyone. What he is doing is very carefully expanding regulations (which Congress gave him the authority to do) and making policy changes (which Congress also gave him the power to do).
     
  15. montyp80

    montyp80 Junior Member

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    That's correct. This time the POTUS has stepped in to all immigration mumbo jumbo and I have positive feeling about the outcome at the end of that, which will be beneficial for EB community in many ways!!!

    Stay positive friends....and play along as if there is nothing to lose. We are in the dump anyway, what worst could happen? lol
     
  16. Kamakazee

    Kamakazee Super Moderator

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    Only some 900+ comments submitted. And this involves family based immigration too? I think most law firms and AILA will be submitting towards the end but 900+ seems low. Have people lost faith in the "rulemaking process"?
     
  17. Rick D

    Rick D Active Member

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    I think many people aren't aware that they can provide suggestions. I have been telling people about it, and more often than not they didn't know about it until then. Would encourage everyone here to spread the word too.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Believe me, 900+ is a lot of comments. Most major rules only get a few hundred.
     
  19. Kamakazee

    Kamakazee Super Moderator

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    900 or 90 does not matter as long as they are solid comments. This is not a vote. What happens after the comment period is over is what we have to worry about. There is absolutely no transparency in the rulemaking process. The study needs to come out in 120 days and then what?
     
  20. Kamakazee

    Kamakazee Super Moderator

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    Hi Ron, tomorrow is the last day to submit comments. Have you submitted your comments already?
     

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