chanduv23
12-15 10:11 AM
Denied licenses, legal immigrants sue state Registry
Say status wrongly contested
By Yvonne Abraham, Globe Staff | December 15, 2006
Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.
According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.
In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.
"They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."
Wunsch said hundreds of other immigrants have similarly been denied licenses.
A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.
Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.
In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.
All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.
In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.
Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.
But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."
She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.
In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.
Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.
"The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.
The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.
Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.
"This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."
One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.
One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.
When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.
The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.
"Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.
The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.
The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.
Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.
Earlier this year, I haad problems getting a driver's lisence in CT, the officer would not accept my h1b papers and would say it is fake. I wrote a strong complaint to DMV and they replied back to me that I must go back to DMV and go through the process again and if I have trouble again, I must report to DMV. I went next time and I got it.
Most times it is improper education that makes people do it. They keep hearing negative thhings about immigrants and they be advised by their bosses to strictly scrutinize immigrants, and they try to experiment their crack down on us. It is very unfortunate that such things are happening.
There seems to be an agenda to catch illegal immigrants. As Illegals who cross the border are getting busted through raids, those who violate visa regulations or overstay visas, or do not have proper work authorization come under strict scrutiny when they approach govt agencies. Unfortunately, it is us legal immigrants who are bearing the brunt because we also go through the same scrutinity. DMV people are not educated in immigration law ,so is the common public and it is this process that's hurting us a lot.
Say status wrongly contested
By Yvonne Abraham, Globe Staff | December 15, 2006
Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.
According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.
In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.
"They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."
Wunsch said hundreds of other immigrants have similarly been denied licenses.
A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.
Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.
In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.
All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.
In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.
Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.
But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."
She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.
In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.
Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.
"The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.
The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.
Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.
"This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."
One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.
One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.
When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.
The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.
"Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.
The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.
The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.
Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.
Earlier this year, I haad problems getting a driver's lisence in CT, the officer would not accept my h1b papers and would say it is fake. I wrote a strong complaint to DMV and they replied back to me that I must go back to DMV and go through the process again and if I have trouble again, I must report to DMV. I went next time and I got it.
Most times it is improper education that makes people do it. They keep hearing negative thhings about immigrants and they be advised by their bosses to strictly scrutinize immigrants, and they try to experiment their crack down on us. It is very unfortunate that such things are happening.
There seems to be an agenda to catch illegal immigrants. As Illegals who cross the border are getting busted through raids, those who violate visa regulations or overstay visas, or do not have proper work authorization come under strict scrutiny when they approach govt agencies. Unfortunately, it is us legal immigrants who are bearing the brunt because we also go through the same scrutinity. DMV people are not educated in immigration law ,so is the common public and it is this process that's hurting us a lot.
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kumarc123
06-12 12:59 PM
Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.
Pappu,
I appreciate your input, but IV members have been talking about numbers and numbers and numbers for last 2 years in a row.
What will the numbers reveal? I had been a regular blogger at IV, but I stopped coming up here because.
1. All talk and no Walk
2. New members come aboard, are rude and offer no pragmatic approach.
3. All these bloggers give ideas and critique each other.
4. What happened to the March1 09st rally in DC?
Why has IV not taken a pragmatic approach, don't take me wrong I respect what you have done and other approaches in the past. But IV is using same approach for a new problem, the end result-----Failure
I joined this community after july fiasco, and have kept close watch on dates, everyday members keep suggesting something or the other. I don't mind being a donor to IV or contributing little what I have, But I need to see some big movement and results.
I did all the stupid calling to congress senators
Did sending of letters to the White house
what was the result? If IV wants core members and new members to donate and be a part of something bigger than a website, then please initiate something big like a rally.
Just because their are less members to join, does not excuse a true purpose of a rally.
Some of core members of IV keep telling other members:
1. Join your local chapter
2. Be a donor,
I understand all this, but I as a visiting members and the people coming on here, want to see a true and real reason to be a part of IV and not just a website where immigrants come and breathe out their frusturations July Fiasco turned to be advantageous to a few members, but was a mistake for members like me and other members who could not file at that time.
Please prove me wrong and IV to be something more than a website, please initiate something big and real, and not just comments. I an aware of the achievements in the past, but it was past 3 years ago. For last three years immigrant's feelings have been played around too many times. Same old talks will not bring upon a change, SOMETHING BIG NEEDS TO BE DONE NOW BEFORE THE CIR BILL takes place. So people are more aware.
Show us IV core is more than words! Conduct something bigger that will attract new members and donors to this organization.
I as a professional can tell you all now--- passive movement, sending letters, long term planning with no actions will not help
People have left IV, who are so disheartened and believe this organization has lost its eedge and is all talk and no walk above all a money scam.
Prove them wrong and do something big,
Pappu,
I appreciate your input, but IV members have been talking about numbers and numbers and numbers for last 2 years in a row.
What will the numbers reveal? I had been a regular blogger at IV, but I stopped coming up here because.
1. All talk and no Walk
2. New members come aboard, are rude and offer no pragmatic approach.
3. All these bloggers give ideas and critique each other.
4. What happened to the March1 09st rally in DC?
Why has IV not taken a pragmatic approach, don't take me wrong I respect what you have done and other approaches in the past. But IV is using same approach for a new problem, the end result-----Failure
I joined this community after july fiasco, and have kept close watch on dates, everyday members keep suggesting something or the other. I don't mind being a donor to IV or contributing little what I have, But I need to see some big movement and results.
I did all the stupid calling to congress senators
Did sending of letters to the White house
what was the result? If IV wants core members and new members to donate and be a part of something bigger than a website, then please initiate something big like a rally.
Just because their are less members to join, does not excuse a true purpose of a rally.
Some of core members of IV keep telling other members:
1. Join your local chapter
2. Be a donor,
I understand all this, but I as a visiting members and the people coming on here, want to see a true and real reason to be a part of IV and not just a website where immigrants come and breathe out their frusturations July Fiasco turned to be advantageous to a few members, but was a mistake for members like me and other members who could not file at that time.
Please prove me wrong and IV to be something more than a website, please initiate something big and real, and not just comments. I an aware of the achievements in the past, but it was past 3 years ago. For last three years immigrant's feelings have been played around too many times. Same old talks will not bring upon a change, SOMETHING BIG NEEDS TO BE DONE NOW BEFORE THE CIR BILL takes place. So people are more aware.
Show us IV core is more than words! Conduct something bigger that will attract new members and donors to this organization.
I as a professional can tell you all now--- passive movement, sending letters, long term planning with no actions will not help
People have left IV, who are so disheartened and believe this organization has lost its eedge and is all talk and no walk above all a money scam.
Prove them wrong and do something big,

Omega30
10-05 04:25 PM
check this out...
On 11-sep-07, Governors of 13 States Write to Congress to Urge an Increase in the Availability of H1-B and Employment-Based Green Cards
http://www.immigrationlawgroup.net/news/20070913.pdf
it's all part of the game.. gyus
On 11-sep-07, Governors of 13 States Write to Congress to Urge an Increase in the Availability of H1-B and Employment-Based Green Cards
http://www.immigrationlawgroup.net/news/20070913.pdf
it's all part of the game.. gyus
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saketkapur
09-23 12:30 PM
Is the link still working.....what time are they supposed to begin
more...

casinoroyale
03-18 11:53 AM
So lets do the numbers. If 10,000 of us buy houses worth $300K.
Lets say, each make 20% downpayment.
10,000 * $ 60,000 = $ 600 Million (right away gets pumped into the market)
each pays mortgate of $2000 per month which makes by next year this time
10, 000 * $2000 * 12 = $240 Million.
So which this plan, for 1 year, we are helping the economy by $ 840 Million. :confused:
Hmm, Is that number sufficient enough for Berneke to even think about our plan?
Lets say, each make 20% downpayment.
10,000 * $ 60,000 = $ 600 Million (right away gets pumped into the market)
each pays mortgate of $2000 per month which makes by next year this time
10, 000 * $2000 * 12 = $240 Million.
So which this plan, for 1 year, we are helping the economy by $ 840 Million. :confused:
Hmm, Is that number sufficient enough for Berneke to even think about our plan?
sandeep_1
08-22 02:29 PM
Can someone please post the updates if their cases approved. Only the ones whose cases have been pending for more than 60 days. Thank you.
more...
sparklinks
09-25 06:33 PM
My wife has a H1 since oct 2006 till date she hasn't worked and hence has no pay stubs. her passport has a F2 visa. I want to convert her visa to H4. Her employer is asking for 6k to generate 3 paystubs for 3 months. I dont want to pay so much. if we go to canada to get H4 stamping will they ask for her pay stubs or just my pay stubs are enough.
Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.
is there any site or posting that explains the process of applying for H4 in canada.
Thanks for any help
status change from H1 to H4 when she is in US, she need 2 latest pay stubs. If she is directly going for H4 stamping (India), then she dont need pay stubs.
Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.
is there any site or posting that explains the process of applying for H4 in canada.
Thanks for any help
status change from H1 to H4 when she is in US, she need 2 latest pay stubs. If she is directly going for H4 stamping (India), then she dont need pay stubs.
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jsb
08-03 01:39 PM
The only thing that can help us predict Sep bulletin is how many visa # have been used so far from 2009 quota. Since USCIS will be rushing to use up all visa # the quantity can least give us an idea if dates will move few months or few years. USCIS should not have trouble with either since they have so many pre-adjudicated applications to take care of both scenario's. I am pretty optimistic (realistically confident) that there will be a forward movement.
Knowing about future, or predicting what is to come, would help if we ought to do something in preparation; an advance action, such as nailing our windows shut if we are predicting a storm. That is not the case here. Therefore, sure shot 'prediction' is just to wait and see. It is only a few days away. If new cutoff date encompasses your PD, pray and check your email every day (or every hour or even minute), and hope for the best.
Knowing about future, or predicting what is to come, would help if we ought to do something in preparation; an advance action, such as nailing our windows shut if we are predicting a storm. That is not the case here. Therefore, sure shot 'prediction' is just to wait and see. It is only a few days away. If new cutoff date encompasses your PD, pray and check your email every day (or every hour or even minute), and hope for the best.
more...
mpadapa
10-11 09:32 AM
iviviv
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h1techSlave
09-22 10:17 PM
No, we are not going to abuse this and we won't be sending stuff over and over. But stoppers have a very Specific significance: to educate and differentiate between legal and illegal. A stopper says "Stop the reverse brain drain"...A stopper would pique people's interest becase we are typically lumped in with illegals, and a stopper does not exemplify what illegals are. Illegal immigration's message is: "legalize us and help new guest workers come", our stopper says "We are already legal and are already leaving, fix this before we all leave"
Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?
Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?
more...
mpadapa
10-07 10:00 AM
This meet is a great way to meet with fellow IV-ersin the tri-state area. Hope everyone who are in the vicinity of maya's lounge can make it. It sure is going to be fun and a great way to make new friends with similar issues (GC).
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lola
07-10 10:35 PM
Greetings! I have been watching the flower campaign after I got the email last night in IV news letter. While We are extremely happy getting the media coverage we needed, we are ignoring one thing. There is one more important issue that we are missing here. USINPAC is rapidly claiming that they are behind this whole thing. This is more than plaigarism. some of you might say that this is not some thing as we should be considered about media attention as our primary issue amidst of this whole thing, but this can come back hurting if USINPAC starts claiming the credit in more sites. If they go beyond the cliff, they will do their own press release to claim credit and it gets more messier at that point. If you look at their press releases, they clearly denied us any credit by refering to the org as Emigration voice. I am positive reporters across the worls know the difference between Immigration and Emigration and whether people from India immigrate to US or emigrate to US. I feel that this is deliberately denying any google search for IV
http://in.news.yahoo.com/070710/48/6hwnn.html
I am going to call them first thing tomorrow morning and explain them to clearly give credit to Immigration Voice (with clear spelling) for the flower campaign. Other wise, may be we should consider doing a press release on the same. We do not need to get impolite with them and use harsh words. We can convey one single message like we did today with the flower campaign. Hopefully some one like logiclife/pappu can come up with one consistent message to be delivered when we call USINPAC
http://in.news.yahoo.com/070710/48/6hwnn.html
I am going to call them first thing tomorrow morning and explain them to clearly give credit to Immigration Voice (with clear spelling) for the flower campaign. Other wise, may be we should consider doing a press release on the same. We do not need to get impolite with them and use harsh words. We can convey one single message like we did today with the flower campaign. Hopefully some one like logiclife/pappu can come up with one consistent message to be delivered when we call USINPAC
more...
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americandesi
08-27 01:41 PM
The reason why most people end up with such situations is that the employers don’t file for H1 extensions on time. Though the law allows filing of H1 extensions upto 6 months before its expiry, most employers file for extensions only at the last moment. It’s advisable to go for premium processing in such cases, so as to get the approvals on time.
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eb_retrogession
02-24 09:35 AM
Dear friends,
As many of you are well aware, it has been about 50 days since IV was started. Since then, we have come a long way in setting up a platform to voice our concerns. We also established an able alliance with QGA to have a powerful channel for our voices to be heard on the hill.
It is now game time!!
Two very significant legislative vehicles, namely the PACE bill and Comprehensive immigration bill are right on the corner. PACE is scheduled for discussion end of Feb, and the comprehensive Immigration bill beginning of March. In this dynamic legislative climate, it if very difficult to predict which of these potential vehicles could bear fruit, or even predict the timeframes accurately. IV�s strategy is to pursue both the bills and push for our goals to be on them.
We are in immediate need of funds for that very purpose. We are seriously low on gas right now, for the journey ahead that we are only just starting on. We have only raised $30,000 in the last 50 days; even more alarming, fund raising has gone down drastically in the last 2 weeks. At our current burn rate, we will be out of money in a month or so, just when we expect the bills to come up for discussion on the Senate floors. As you can expect and appreciate, there is a cost for achieving anything politically. IV has already demonstrated a great deal of leadership and persistence to work on retrogression relief and labor backlog elimination. Many IV members will start making trips to DC in the coming weeks to meet lawmakers at the hill. We need your help NOW!
Members that have not yet contribute money, please do so TODAY! And members that have already contributed please consider another contribution. We need all hands on deck. Also pass on the message of the immediate need of funds to your friends.
If you have questions, as always, please send a note to info@immigrationvoice.org
As many of you are well aware, it has been about 50 days since IV was started. Since then, we have come a long way in setting up a platform to voice our concerns. We also established an able alliance with QGA to have a powerful channel for our voices to be heard on the hill.
It is now game time!!
Two very significant legislative vehicles, namely the PACE bill and Comprehensive immigration bill are right on the corner. PACE is scheduled for discussion end of Feb, and the comprehensive Immigration bill beginning of March. In this dynamic legislative climate, it if very difficult to predict which of these potential vehicles could bear fruit, or even predict the timeframes accurately. IV�s strategy is to pursue both the bills and push for our goals to be on them.
We are in immediate need of funds for that very purpose. We are seriously low on gas right now, for the journey ahead that we are only just starting on. We have only raised $30,000 in the last 50 days; even more alarming, fund raising has gone down drastically in the last 2 weeks. At our current burn rate, we will be out of money in a month or so, just when we expect the bills to come up for discussion on the Senate floors. As you can expect and appreciate, there is a cost for achieving anything politically. IV has already demonstrated a great deal of leadership and persistence to work on retrogression relief and labor backlog elimination. Many IV members will start making trips to DC in the coming weeks to meet lawmakers at the hill. We need your help NOW!
Members that have not yet contribute money, please do so TODAY! And members that have already contributed please consider another contribution. We need all hands on deck. Also pass on the message of the immediate need of funds to your friends.
If you have questions, as always, please send a note to info@immigrationvoice.org
more...
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anantc
08-19 11:30 PM
Hi,
Anyone have the fax # for TSC center and Format of letter to request Expediate EAD renewal process because of job offer.
Thanks,
anantc
Anyone have the fax # for TSC center and Format of letter to request Expediate EAD renewal process because of job offer.
Thanks,
anantc
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chanduv23
02-23 05:43 PM
Bulls eye. this is what I am thinking.
I am looking for an answer in general for all.
May not be 100%, I have been advised that one can switch back to h1b if there is a gap and one is on pending 485 - but may have to do stamping prior to start using the H1b - gurus can correct me here.
I am looking for an answer in general for all.
May not be 100%, I have been advised that one can switch back to h1b if there is a gap and one is on pending 485 - but may have to do stamping prior to start using the H1b - gurus can correct me here.
more...
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krishnam70
03-16 08:24 PM
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
You should be ok. Just in case , carry all your documents including the disposition with you.
- cheers
kris
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
You should be ok. Just in case , carry all your documents including the disposition with you.
- cheers
kris
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byeusa
07-14 12:53 AM
[QUOTE=girishvar]I know Robinder Personally for a long time. He is Championing the cause of Ind0-US affairs with his headquarters in India. He is also the very senior columnist and well respected media person in Delhi. Being a Bachelor and previous personal assistant of Rajiv Gandhi, when he was a PM, he has never entered politics and very honest altruistic man. Calling him a fraud should be incorrect.
I smell that you are a paid poster of USINPAC. I am asking the adminstrator of the IV site to track your I.P address to see if this post is coming from some one at USINPAC.
I think IV would like to work with USINPAC provided that they truely believe in the cause of immigration reform. Seeing the P.R that comes out of them and the content of their site, they seem to be good at issuing PR's like USINPAC applauds xz, USINPAC supports xyz,USINPAC Photo gallery etc.. I mean grand standing from the side lines and then taking credit for (as some one mentioned here,) for the sun rising tomorrow morning. Don't take it personally but the content on their site is cheesy and points to cheap publicity. I am told that much of the lawmaker community and the media has come to realize this image of USINPAC in DC.
I do sincerely hope that they find direction regarding what issues they want to work for and where they want to take their organization. All the best.
I smell that you are a paid poster of USINPAC. I am asking the adminstrator of the IV site to track your I.P address to see if this post is coming from some one at USINPAC.
I think IV would like to work with USINPAC provided that they truely believe in the cause of immigration reform. Seeing the P.R that comes out of them and the content of their site, they seem to be good at issuing PR's like USINPAC applauds xz, USINPAC supports xyz,USINPAC Photo gallery etc.. I mean grand standing from the side lines and then taking credit for (as some one mentioned here,) for the sun rising tomorrow morning. Don't take it personally but the content on their site is cheesy and points to cheap publicity. I am told that much of the lawmaker community and the media has come to realize this image of USINPAC in DC.
I do sincerely hope that they find direction regarding what issues they want to work for and where they want to take their organization. All the best.
hairstyles Celtic Cross Tattoo
fall2004us
08-04 06:30 PM
Here is my recent experience,
in the month of april my wife and I had received RFEs for 325 and birth certificate, we submitted the evidence and there was soft LUDs for almost a week, case status said a decision will be made in 60 days. I t is more than 90 days, so I called up the customer service (I very well know that they can't issue GC as the priority date is not current) I spoke to her as a layman and filed for a service request. Here is the email that I got:
Dear Mr. XXX:
On 07/27/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:
Caller indicated they are:
-- Applicant or Petitioner
Attorney Name:
-- Information not available
Case type:
-- I485
Filing date:
-- 07/02/2007
Receipt #:
-- LIN-07-XXX-XXXXX
Beneficiary (if you filed for someone else):
-- Information not available
Your USCIS Account Number (A-number):
-- 0XXXXXXXX
Type of service requested:
-- Outside Normal Processing Times
The status of this service request is:
At your request, we have researched your inquiry regarding your I-485 application. Our records indicate that you are the beneficiary of an approved I-140 petition (second preference) and that your priority date is October XX, 2006. There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. We regret any inconvenience to you and sincerely appreciate your patience. We will notify you as soon as a decision regarding your application has been made. In the interim, you may review the status of your application by visiting our website at USCIS Home Page (http://www.uscis.gov). For information regarding visa availability, please refer to the monthly visa bulletin published by the Department of State at Visa Home (http://www.travel.state.gov/visa).
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
U.S. Citizenship and Immigration Services
in the month of april my wife and I had received RFEs for 325 and birth certificate, we submitted the evidence and there was soft LUDs for almost a week, case status said a decision will be made in 60 days. I t is more than 90 days, so I called up the customer service (I very well know that they can't issue GC as the priority date is not current) I spoke to her as a layman and filed for a service request. Here is the email that I got:
Dear Mr. XXX:
On 07/27/2009 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:
Caller indicated they are:
-- Applicant or Petitioner
Attorney Name:
-- Information not available
Case type:
-- I485
Filing date:
-- 07/02/2007
Receipt #:
-- LIN-07-XXX-XXXXX
Beneficiary (if you filed for someone else):
-- Information not available
Your USCIS Account Number (A-number):
-- 0XXXXXXXX
Type of service requested:
-- Outside Normal Processing Times
The status of this service request is:
At your request, we have researched your inquiry regarding your I-485 application. Our records indicate that you are the beneficiary of an approved I-140 petition (second preference) and that your priority date is October XX, 2006. There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. We regret any inconvenience to you and sincerely appreciate your patience. We will notify you as soon as a decision regarding your application has been made. In the interim, you may review the status of your application by visiting our website at USCIS Home Page (http://www.uscis.gov). For information regarding visa availability, please refer to the monthly visa bulletin published by the Department of State at Visa Home (http://www.travel.state.gov/visa).
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
U.S. Citizenship and Immigration Services
pani_6
06-28 02:23 PM
See what the last para of the memo says....
During this timeframe the USCIS will determine whether
it is able to process these cases with in 15 calendar days of reciept.
"IF SO" premium processing will be once again made avaialabe for FORM I-140 petitions
During this timeframe the USCIS will determine whether
it is able to process these cases with in 15 calendar days of reciept.
"IF SO" premium processing will be once again made avaialabe for FORM I-140 petitions
floridasun
04-19 06:39 PM
good post... agreed for the most except - yes this is how free market enterprise works but this is also how economy is so vibrant and so many jobs are generated although US has only 300 million ppl most of whom are under-educated. if you are saying ppl in 30's should look elsewhere - where would so many ppl look jobs for ? why not they stick here for few more years and when time comes (read it as when they are forced to leave the country), they just go back to home country and make use of saved money/401k etc in their local currency. also focus on their kids.
Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!


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