1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Visa Recapture 2

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

  1. cross

    cross Junior Member

    Messages:
    799
    Likes Received:
    664
    Trophy Points:
    93
    Any idea if the VB will be out tomorrow or on Monday?
     
  2. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    Expecting too much from the VB may end up being a major disappointment.
     
    GeorgeCostanza likes this.
  3. cuckoo

    cuckoo Super Moderator

    Messages:
    2,449
    Likes Received:
    2,396
    Trophy Points:
    213
    I think the next event to watch out for is the 5th circuit appeal decision. If it is positive, things will move. If not, wait for the SCOTUS appeal outcome. In the interim, some announcement on the I-140 EAD may come through.
     
  4. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    Are we concluding that recapture even if it is in the cards is delayed because of DAPA being halted in courts?
     
  5. GeorgeCostanza

    GeorgeCostanza Guru

    Messages:
    600
    Likes Received:
    510
    Trophy Points:
    93
    So good to hear back from you Ron! Hope you're not in a lot of pain.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Thanks for all of your good wishes. This is a rough recuperation, but at least the Dodger are playing a day game to help keep my mind off of how I feel.

    As I've written previously, I don't believe that there is any connection at all between the Texas v. USA case and executive action for legal immigration. Also, I don't think that the Visa Bulletin is going to tell us much. If/when they do recapture/reinterpretation, they will come back with a superseding VB.
     
    GeorgeCostanza likes this.
  7. cuckoo

    cuckoo Super Moderator

    Messages:
    2,449
    Likes Received:
    2,396
    Trophy Points:
    213
    That is just my opinion. I guess I am just a lot more cynical and jaded than Ron when it comes to assessing the role of politics in the current situation. Here is what I think is going on:

    1. As to legal basis/ strength of visa recapture and/or reinterpretation and I-140 Ead, the DOJ has had enough time (and inputs from public and immigration lawyers) to report to WH.

    2. Clearly, there is consensus that some form of I-140 EAD is allowable under the law and the agencies have been asked to go ahead with implementing it.

    3. There is enough legal strength in at least one of visa recapture and reinterpretation proposals as per DOJ and it is now up to WH whether or not make it happen.

    4. The 5th circuit PI really put spanner in the works. The WH is waiting and hoping to have the PI lifted.

    5. If and when that happens, they will come out publicly on moving forward with visa recapture/reinterpretation through whatever mechanism feasible, and the president will claim success in doing what he set out to do with his executive actions-fix as much of the legal immigration system that he can on his own, and provide as much relief to the undocumented that he could.
     
  8. cuckoo

    cuckoo Super Moderator

    Messages:
    2,449
    Likes Received:
    2,396
    Trophy Points:
    213
    Ron:
    Great to have you back. Why do you so firmly believe that there is no connection between DACA stay and legal immigration actions? Legally, i agree that the two are unrelated but politically they are irretrievably interlinked. It is well documented that democrats have stalled and jammed any and all efforts at legal immigration reform holding it hostage to relief for the undocumented. I think CIR like bill in the house eventually died when pelosi put her foot down and wanted nothing less than a path to citizenship for the undocumented. This position of democrats is very much the politics of president obama as well. He and democrats know that easing the issues that are plaguing legal immigration would make it that much harder to find any leverage to get anything done for the undocumented.
     
    Last edited: May 7, 2015
  9. s_gan

    s_gan Super Moderator

    Messages:
    5,294
    Likes Received:
    5,390
    Trophy Points:
    113
    IMHO, DoS is not likely to make a big change to the bulletin without prior announcement.
     
  10. s_gan

    s_gan Super Moderator

    Messages:
    5,294
    Likes Received:
    5,390
    Trophy Points:
    113
    When is the DAPA verdict expected ?
     
  11. cuckoo

    cuckoo Super Moderator

    Messages:
    2,449
    Likes Received:
    2,396
    Trophy Points:
    213
    I read a news item a couple of days back suggesting it should be soon. It is really up to the court. There are no set timelines for courts in such matters. It could be tomorrow, it could be months.
     
  12. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    Maybe we are trying to link recapture and reinterpretation to DAPA because we have not heard anything about them till now? So, we are trying to justify that those might happen immediately when DAPA gets the green light? What if DAPA gets going and we still do not hear anything about recapture or reinterpretation? What excuse will we have then? We will run out of options trying to justify the delay.

    I am pretty sure that when the EA was announced in Nov, those options were already thought about. The comments in Jan was basically to strengthen their case. Either the WH will move ahead with them or not. Maybe these options were never in the cards to begin with.
     
  13. cuckoo

    cuckoo Super Moderator

    Messages:
    2,449
    Likes Received:
    2,396
    Trophy Points:
    213
    If we do not hear anything about visa recapture/reinterpretation within a month of DACA going ahead then my guess would be, it is not happening at all. By not coming out and confirming or denying the possibility of visa recapture or reinterpretation, the WH is keeping its options open. Just my wild guess...
     
  14. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    What if DAPA gets held in courts indefinitely? That means WH will not move ahead with recapture? If they already have plans to do it (I am not suggesting they do), then I really do not understand the politics of delaying it.
     
  15. DonDraper

    DonDraper Guru

    Messages:
    1,748
    Likes Received:
    1,307
    Trophy Points:
    113
    There is no link between DAPA and recapture.
     
  16. s_gan

    s_gan Super Moderator

    Messages:
    5,294
    Likes Received:
    5,390
    Trophy Points:
    113
    If that is the case, past experience tells me that visa modernization will remain a dream.

    btw, are u kamakazee_9 on twitter ?
     
  17. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    That's what I want to believe too and I still do. Recapture has to happen before DAPA ruling to prove that to everyone though.
     
  18. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    Yes, I am. Are you telling me I need to have other IDs so that I do not get related through different social platforms?
     
  19. s_gan

    s_gan Super Moderator

    Messages:
    5,294
    Likes Received:
    5,390
    Trophy Points:
    113
    Well, that was not the purpose of the question. May be you should. :)
     
  20. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    Dang it! Even my Call of Duty online ID is the same too. :)
     

Share This Page