msp1976
03-03 08:29 PM
Legal Immigrants in Limbo
It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.
A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.
As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.
Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.
And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’
United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.
The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.
Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.
The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.
In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.
It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.
A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.
As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.
Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.
And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’
United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.
The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.
Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.
The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.
In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.
wallpaper emo lovers holding hands.
bestia
08-15 03:54 PM
They will know because when you fill out the N-400 application form, you are required to list your employment details for the last 5 years.
I don't quite understand these "citizenship" worries. Am I missing something? You are not required to keep W2s for more than 3 years. You can apply for your citizenship on 6-th year and list your employment after 1 year of having GC. So you appear on interview showing last 3 W2s and that's it. Why would it lead to denial of citizenship?
I don't quite understand these "citizenship" worries. Am I missing something? You are not required to keep W2s for more than 3 years. You can apply for your citizenship on 6-th year and list your employment after 1 year of having GC. So you appear on interview showing last 3 W2s and that's it. Why would it lead to denial of citizenship?
freedom_fighter
07-01 10:13 PM
I know, it is unfair and frustrating. But from legal point of view, you are mixing Employment Laws with Immigration Laws.
.
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
.
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
2011 Emo+lovers+holding+hands
McLuvin
03-26 02:47 PM
this is the highlight thread of the month... every month... this is the exciting, nail biting, end of the stick excitement that keeps me on this site forever... really...
The best way to put it is...
This thread is like the last ball chetan Sharma bowled to javid Maindad, and india lost....
I mean we know that the dates are not going to move by miles... still we keep the lights on... :D
The best way to put it is...
This thread is like the last ball chetan Sharma bowled to javid Maindad, and india lost....
I mean we know that the dates are not going to move by miles... still we keep the lights on... :D
more...
hebron
06-30 12:43 PM
Only when the democratic party weakens things can move forward for the skilled (EB- GC ) folks. Democratic party is never for skilled immigratiion, it is all for illegal masses only.
Agree 100%. Atleast when Bush was in office there were bills introduced that encouraged skilled immigration Eg: Those who have been around for a while would remember the Cornyn-Kyl bill from 2005.
Everybody likes to talk about the Clinton era, but don't forget that Republicans had majority then. So we may see good things happen after the November 2010 elections if dems lose majority in both house and senate. And it will be good for Mr.Bamster to govern from the center going forward than to hang out with the far-left, may even fetch him another 4 years.
Agree 100%. Atleast when Bush was in office there were bills introduced that encouraged skilled immigration Eg: Those who have been around for a while would remember the Cornyn-Kyl bill from 2005.
Everybody likes to talk about the Clinton era, but don't forget that Republicans had majority then. So we may see good things happen after the November 2010 elections if dems lose majority in both house and senate. And it will be good for Mr.Bamster to govern from the center going forward than to hang out with the far-left, may even fetch him another 4 years.
sury
12-30 03:35 PM
It is impossible that US will break in 2010.
US will come back from recession/depression.
GOD BLESS AMERICA
US will come back from recession/depression.
GOD BLESS AMERICA
more...
bluez25
06-29 09:20 PM
Mantric,
Yes the service center will send your employer a curtesy copy and attorney the origial approval. Once you get the Feel bill letter and send the cachiers check, they will create a case and send the packet 3. in which you can find the NVC case number.
Yes the service center will send your employer a curtesy copy and attorney the origial approval. Once you get the Feel bill letter and send the cachiers check, they will create a case and send the packet 3. in which you can find the NVC case number.
2010 emo lovers holding hands.
JulyFiler
09-22 02:25 PM
----
Ok, now that you have negated all ideas from other people, we anxiously wait for your ideas :)
I am sure you are not just some reactive person who can only criticize but can also provide us with a solution.
Lets hear em.
I feel lobbying is the best way followed by occasional rallies.
And we need to do some high-profile lobbying. Like get the big companies involved. I hear these big companies have their own lobbying manager (Google has them) working full time. And they have deeper pockets than our $20 or $50.
Ok, now that you have negated all ideas from other people, we anxiously wait for your ideas :)
I am sure you are not just some reactive person who can only criticize but can also provide us with a solution.
Lets hear em.
I feel lobbying is the best way followed by occasional rallies.
And we need to do some high-profile lobbying. Like get the big companies involved. I hear these big companies have their own lobbying manager (Google has them) working full time. And they have deeper pockets than our $20 or $50.
more...
unitednations
08-16 02:40 PM
As I see it, hiring a lawyer is still cheaper than losing 20K per year because you are working for a exploitative consulting company. But if the company is treating you well, there is no reason to leave.
I never understood this "exploitation thing". This is America...
If someone is exploiting we all have a choice. We can change employers; go back home, etc.
It may not be a totally open market but it is not like you have handcuffs around you. This type of talk of exploiting, slavery only hurts everyones cause.
I never understood this "exploitation thing". This is America...
If someone is exploiting we all have a choice. We can change employers; go back home, etc.
It may not be a totally open market but it is not like you have handcuffs around you. This type of talk of exploiting, slavery only hurts everyones cause.
hair 2010 emo, love holding hands
ThinkTwice
09-21 01:37 PM
And why do you think the White House was in touch with Immigration voice leaders and not with some corporate lawyers during the July 2nd fiasco if they did not recognize the strength and commitment of the skilled immigrant community and btw what makes you say 'july 2nd will never happen again.' what are you? God?
I smell a closeted Anti Immigrant here.....
you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...you can campaign till the cows come home and you aren't going to get squat.
july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.
I smell a closeted Anti Immigrant here.....
you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...you can campaign till the cows come home and you aren't going to get squat.
july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.
more...
unseenguy
07-04 11:35 PM
This is not true. The Indian citizenship rules were changed sometime in 2003 so that children are not eligible citizenship if the birth was not registered within 1 year or if the child has taken some other passport. These children can get Indian citizenship only after attaining 18 years and renouncing the foreign citizenship.
I think like many Indian government rules, the OCI rules have not been thought out properly.
But within a year you can register a birth and get Indian citizenship, right? Whats stopping you from registering birth within a year?
I think like many Indian government rules, the OCI rules have not been thought out properly.
But within a year you can register a birth and get Indian citizenship, right? Whats stopping you from registering birth within a year?
hot emo lovers holding hands. Lovers Holding Hands Sunset.
Caliber
04-01 09:09 AM
Dear All,
Let us strive to achieve 10,000.00 contributions this month too. I request every one to please understand that either we get our GC's this year or forget for another two years due to mid term elections next year.
If we can pool really good amount, we may at least be able to lobby USCIS for some relief though with these small contributions, we may NEVER be able to lobby the congress.
We do not need to tell IV core what we want, they are all aware of our goals. But small contributions like 50-100 may not be enough to lobby to convince Congress our great contributions.
I am EB3 Oct 2002. Just received letter from SSN that, I have 40 credits now. We still can not even estimate when we will get GC's. In few months or few years?
If we think of 200 or 300 dollars, we may have to continue to suffer like this.
Can we determine to pool in at least 200,000.00 (each to contribute at least 300 dollars) so that we can at least hope for GC in few months and not years.
Please help yourself.
My contribution for April:
Donation to Support Immigration Voice (User: Caliber)
$50.00 USD for one month
Effective Date: Apr. 1, 2009 $50.00 USD
Let us strive to achieve 10,000.00 contributions this month too. I request every one to please understand that either we get our GC's this year or forget for another two years due to mid term elections next year.
If we can pool really good amount, we may at least be able to lobby USCIS for some relief though with these small contributions, we may NEVER be able to lobby the congress.
We do not need to tell IV core what we want, they are all aware of our goals. But small contributions like 50-100 may not be enough to lobby to convince Congress our great contributions.
I am EB3 Oct 2002. Just received letter from SSN that, I have 40 credits now. We still can not even estimate when we will get GC's. In few months or few years?
If we think of 200 or 300 dollars, we may have to continue to suffer like this.
Can we determine to pool in at least 200,000.00 (each to contribute at least 300 dollars) so that we can at least hope for GC in few months and not years.
Please help yourself.
My contribution for April:
Donation to Support Immigration Voice (User: Caliber)
$50.00 USD for one month
Effective Date: Apr. 1, 2009 $50.00 USD
more...
house emo lovers holding hands
snathan
08-10 10:37 PM
Dont know if is authentic
Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)
But the DOS/USCIS bulletin still shows only the Aug dates
Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)
But the DOS/USCIS bulletin still shows only the Aug dates
tattoo Emo Love Holding Hands.
amitjoey
07-10 11:48 AM
It is not late to order, have it delivered tommorrow.
It is working.
It is working.
more...
pictures holding hands emo love. emo love hands. Emo is love; Emo is love
ak_2006
04-22 05:25 PM
I donated $50 and became a donar. Will do more in coming months.
dresses emo lovers holding hands.
gcisadawg
03-27 01:12 AM
I got red with a message "so negative" for my post where I tried to be realistic.
I guess people dont want to hear the truth! :(
I guess people dont want to hear the truth! :(
more...
makeup love holding hands quotes.
jkays94
05-02 08:34 PM
Quasi-Pro Bono Lobbying?
Posted by Joseph Schuman
http://blogs.wsj.com/law/2006/04/26/quasi-pro-bono-lobbying/
Posted by Joseph Schuman
http://blogs.wsj.com/law/2006/04/26/quasi-pro-bono-lobbying/
girlfriend emo couple holding hands
Macaca
06-17 10:15 AM
The Ombudsman agrees with the assessment of many case workers and supervisors at USCIS field offices and service centers that the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction.
The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..
Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..
Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
hairstyles 2011 emo lovers holding hands,
ashkam
05-13 03:19 PM
I am talking about a person (like 485mbe - the one who has posted next to yr post) who has a PD of 2001 ..I am not saying that they should give Eb2's quota to EB3 ..but they should try to pull the category that is worst affected..or atleast give EB3 something ..
my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
"but they should try to pull the category that is worst affected"
See, again, you are looking at it from the immigrant's point of view. Look at it from America's point of view. Immigration isn't like charity. America isn't in the business of helping immigrants, it is in the business of helping itself. No longer does America accept your tired, your poor, your huddled masses (http://www.libertystatepark.com/emma.htm), your wretched refuse anymore. The fact is that it is a matter of irrelevance to the US whether it is EB2 or EB3 that is retrogressed. It is only interested in retaining the best labor force in the world. EB1 and EB2 happen to be the best, at least on paper, therefore they are the chosen ones. The moment the US gets more self sufficient in so-called "high skilled professionals", it will make the green card opening narrower, perhaps even get rid of the EB3 category altogether. And would that be fair or just? Yes. Why? Because America is looking out for its own interests, not that of the immigrants. It's what every government does and should do.
my question to you is ..say in the year 2010, would u support a situation where all categories are current or at 1 year difference ...while a particular category (eb3 I in this case) is at 2001 ??.. even if you do ..my feeling is that USCIS will try to pull EB3 - I (if something like above happens)..but then they are just a govt agency ..and in the end they are similar to govt agency in India ..only difference is that maybe little better
can I force them to do something just --No. can I pray for it -- maybe ..should I be ready for it (i.e. Eb3 - still in 2001 - 2002) - definitely !!
"but they should try to pull the category that is worst affected"
See, again, you are looking at it from the immigrant's point of view. Look at it from America's point of view. Immigration isn't like charity. America isn't in the business of helping immigrants, it is in the business of helping itself. No longer does America accept your tired, your poor, your huddled masses (http://www.libertystatepark.com/emma.htm), your wretched refuse anymore. The fact is that it is a matter of irrelevance to the US whether it is EB2 or EB3 that is retrogressed. It is only interested in retaining the best labor force in the world. EB1 and EB2 happen to be the best, at least on paper, therefore they are the chosen ones. The moment the US gets more self sufficient in so-called "high skilled professionals", it will make the green card opening narrower, perhaps even get rid of the EB3 category altogether. And would that be fair or just? Yes. Why? Because America is looking out for its own interests, not that of the immigrants. It's what every government does and should do.
BharatPremi
11-08 04:45 PM
To Red Dot Hammerers,
Do not work over time giving me red dots again...
Do not work over time giving me red dots again...
Wendyzhu77
09-22 04:58 PM
There is a story: when seeing a bottle filled half with water, optimistic people would say it's "half full", pessimistic people would say it's "half empty". I think this problem is also just people's perspective. Retrogression is still there, it will not be any better or worse with/without the July event. Some people see that retrogression is still there so they are pessimistic, some people see that at least you get something from this even, so they are optimistic.
I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!
I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!