rayoflight
02-19 11:29 AM
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
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independent72
02-20 06:43 PM
I am going to travel from Boston and would like to pool my car. I have Honda Pilot and can sit 6 people.
sdudeja
10-12 02:50 PM
I-140, I485 Sent on 08/15/2007
2011 LeBron James: Click to watch
stldude
07-24 11:53 AM
I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..
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msyedy
06-13 01:23 PM
Senthil1, Pineapple
Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.
Rule 2
You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.
Read my statement thoroughly.
Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.
What will happen to these companies .. they have to shut down
Rule 2 will be a disaster for all these companies.
These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.
It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.
What exactly is your point Senthil?
If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
There - you can relax now.
Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.
Rule 2
You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.
Read my statement thoroughly.
Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.
What will happen to these companies .. they have to shut down
Rule 2 will be a disaster for all these companies.
These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.
It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.
What exactly is your point Senthil?
If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
There - you can relax now.
harish
05-29 10:05 PM
Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.
Received our cards today!
Good luck to the rest of you waiting on your approvals!
Received our cards today!
Good luck to the rest of you waiting on your approvals!
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mirage
02-05 03:06 PM
^^Bump^^
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mirage
02-06 09:40 AM
You got my point, sir!!!
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
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perm2gc
12-27 12:41 AM
One more
http://classifieds.sulekha.com/bay-area/immigration/everything-else/clad.aspx?cid=1528572&nma=sfo
http://classifieds.sulekha.com/bay-area/immigration/everything-else/clad.aspx?cid=1528572&nma=sfo
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silibili
06-11 10:14 AM
Resent to Alabama senators.
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lazycis
12-20 08:49 PM
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
No worries for you, if you were inadmissible they would not let you back into the country.
No worries for you, if you were inadmissible they would not let you back into the country.
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espoir
01-18 10:20 PM
OK. What the inital poster stated is true. Per US Law one MUST carry all the immigration documents. My home is literally 4.5 miles away from US-Mexico border crossing and 30 miles west of Harlingen airport. I lived here since 2001 and as per my experience cops usually do not ask for immigration documents when stopped for routine traffic stops. Both the times when I was stopped, I was asked for DL and Insurance as usual per TX law. I normally do not carry my passport and other docs when I go to work (5.5 miles north to where I live), when shopping or when going out within 15 miles (north) of my home. Suresh was asked for PP by a police officer because he was in the airport.
I ALWAYS carry my passport and status verifying docs when I know I'm in the vicinity of exit points such as Greyhound terminal, Airport (even if I'm just dropping/picking up a friend at the Airport) or going out of town. Because I know there are NO excuses whatsoever for not carrying the docs if you are travelling north or south from US-Mexico border town.
But when in town I never had any trouble, and carrying the imigration docs as needed was never a problem for me. Trust me I sat on tables right next to Border Patrol Officers when I go out to lunch many times.
In fact at border towns (especially Mexican border), there is lot of vigilence at exit points whether you are citizen or not, you can be held for questioning. Its logical, since escaping into Mexico is literally matter of minutes for law-breakers.
Also, I do carry a copy of PP in my car, just in case. Nothing wrong in carrying copy of our PP (note: not US docs). Although whether to accept your explanation or not is completely upto the officer.
Few of my friends from north of Texas visited me did forget their immigration docs and passports(inspite of me cautioning them 100 times), they were held at checkpoints (50 miles north of the border) but were eventually let go after couple hours of verification process. Bottom line you may mostly get away for not carrying the documents at all times. But if they want to hold it against you, you have no case in your favor. Always be nice to them and 99% times you are treated respectfully.
I ALWAYS carry my passport and status verifying docs when I know I'm in the vicinity of exit points such as Greyhound terminal, Airport (even if I'm just dropping/picking up a friend at the Airport) or going out of town. Because I know there are NO excuses whatsoever for not carrying the docs if you are travelling north or south from US-Mexico border town.
But when in town I never had any trouble, and carrying the imigration docs as needed was never a problem for me. Trust me I sat on tables right next to Border Patrol Officers when I go out to lunch many times.
In fact at border towns (especially Mexican border), there is lot of vigilence at exit points whether you are citizen or not, you can be held for questioning. Its logical, since escaping into Mexico is literally matter of minutes for law-breakers.
Also, I do carry a copy of PP in my car, just in case. Nothing wrong in carrying copy of our PP (note: not US docs). Although whether to accept your explanation or not is completely upto the officer.
Few of my friends from north of Texas visited me did forget their immigration docs and passports(inspite of me cautioning them 100 times), they were held at checkpoints (50 miles north of the border) but were eventually let go after couple hours of verification process. Bottom line you may mostly get away for not carrying the documents at all times. But if they want to hold it against you, you have no case in your favor. Always be nice to them and 99% times you are treated respectfully.
more...
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nk2006
09-11 12:11 PM
http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.
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xbohdpukc
12-11 03:44 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
INA should be changed which should be done through a legislative process, not through any rule making.
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prince_waiting
09-26 10:06 AM
Respected Editor,
Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.
Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.
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waitnwatch
07-28 01:01 PM
I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(
:)....See we could start a new thread discussing the repurcussions of shaking hands with Donald Duck.
PLEASE EVERYONE: THE PERSON WHO STARTED THIS THREAD IS A FAKE. GO SEE THE PUBLIC PROFILE OF THIS PERSON.
Sorry for the caps.....admins please close this useless thread.
:)....See we could start a new thread discussing the repurcussions of shaking hands with Donald Duck.
PLEASE EVERYONE: THE PERSON WHO STARTED THIS THREAD IS A FAKE. GO SEE THE PUBLIC PROFILE OF THIS PERSON.
Sorry for the caps.....admins please close this useless thread.
more...
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gc_aspirant_prasad
06-22 04:46 PM
My attorney didnt ask for DL copies, but did require color copies of passport.
Guess, its different with each lawyer based on their experience.
Guess, its different with each lawyer based on their experience.
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kicca
08-29 02:09 PM
found this old (aug 2002) but still interesting pdf that may help if nothing else to clarify some of the acronyms used in the I485 process:
www.ilw.com/seminars/august2002_citation2b.pdf
www.ilw.com/seminars/august2002_citation2b.pdf
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addsf345
12-10 07:49 PM
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
h1b_forever
03-09 12:31 PM
Looks like
April 2008 - 01 oct 2001
April 2009 - 01 Nov 2001
April 2010 - 01 Dec 2001
and so on...
We will def get our GC this century if we are lucky
April 2008 - 01 oct 2001
April 2009 - 01 Nov 2001
April 2010 - 01 Dec 2001
and so on...
We will def get our GC this century if we are lucky
drona
07-09 03:14 PM
Way to go Gabriela!
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