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Visa Recapture 2

Discussion in 'Visa Modernization' started by Ron Gotcher, Apr 29, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is a continuation of the old Visa Recapture thread. Please keep posts limited to the subject of visa recapture. If you want to talk about something else, and you can't find an existing thread, start a new one.
     
  2. SGeorge

    SGeorge Guru

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    Can we discuss about the pro and counter arguments for/against recapture?Why some people say its possible Vs some people say its not at all possible?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    By all means. That's what this forum is for.
     
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  4. montyp80

    montyp80 Junior Member

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    Ron, under visa re-capture, do we know what is the exact count of visas which were not issued and would be put back into pool if it goes through?
     
  5. ColumbusDude

    ColumbusDude Active Member

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    This has already been 'revealed' in a bunch of posts on this forum and elsewhere. Just google it and you can find it.
     
  6. montyp80

    montyp80 Junior Member

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    Yup, did that already, I have seen various numbers between 200,000 to 550,000 while googling and hence the question to Ron.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The most accurate number that I've seen is 350,000
     
  8. sigler

    sigler Junior Member

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    All for EB or are some of those for FB?
     
  9. montyp80

    montyp80 Junior Member

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    Thanks Ron.
    If recapture were to go through, do you anticipate DOS to come out with a statement that will include the exact count of visa they are intending to recapture?

    If not then who is going to be accountable to make sure all those 350,000 (or whatever that number is) visas are recaptured?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    IF they were to do this, I am confident that they would publish it in the Visa Bulletin.
     
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  11. s_gan

    s_gan Super Moderator

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    Numbers wasted by bureaucratic errors is around 200000.

    Ron,

    Now that we have AG, is this process expected to drag?
     
    Last edited: Apr 30, 2015
  12. SGeorge

    SGeorge Guru

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    Ron what/how big is the significance of the term ' Congressional intent' in this recapture discussion.Sorry, I dont have any legal background.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, I don't think that has anything to do with this. Holder was very pro-immigration, as is Lynch.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    When a statute is unclear or ambiguous, agencies and the courts try to determine what Congress intended when they enacted the statute. In most cases, it is impossible to determine Congressional intent.
     
  15. SGeorge

    SGeorge Guru

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    So for visa recapture , congressional intent is clear.They did it in the past two times.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, it is anything but clear. There is nothing in this legislation's history, voted upon by both houses, that clearly states Congressional intent. If this is litigated, I doubt that perceived Congressional intent (one way or the other) will be a factor.
     
  17. Kamakazee

    Kamakazee Super Moderator

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    I know there is a separate thread for this but since we are discussing "Congressional Intent" here, shouldn't that be the same argument against statute reinterpretation? Congress had "clearly intended" that dependents be counted within the quota.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'm unaware of anything in the conference committee report that speaks to this issue. That being the case, no, it is not relevant.
     
  19. s_gan

    s_gan Super Moderator

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    I do not think so. If that was the case the senate version would have been adopted .
     
  20. RealisticOptimist

    RealisticOptimist Member

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