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.’.
wallpaper efore – #39;turtle rooter#39;
ItIsNotFunny
10-15 02:28 PM
I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
Think how the supply is controlled?
Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.
If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
Think how the supply is controlled?
Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.
If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.
bheemi123
10-03 01:30 PM
need to know the process of conversion of L1 to H4
apply transfer for change of status...
apply transfer for change of status...
2011 I can#39;t think of the last time
makemygc
07-05 09:56 AM
Immigration-law has reported that AILA has stopped taking any more plaintiffs for the lawsuit. What's IV stance on that? Does that mean if the lawsuit is settled in favor, only plaintiffs will get the benefit?
From Immigration-law.com:-
The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
From Immigration-law.com:-
The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
more...
sanju
11-11 10:32 PM
Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".
I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.
Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.
.
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".
I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.
Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.
.
singhsa3
08-13 03:57 PM
I think thats AC21 recapture thing...
From sept visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html section E.
We have 22704 FB visa overflow to EB for year 2008.
From sept visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html section E.
We have 22704 FB visa overflow to EB for year 2008.
more...
alex99
10-30 08:51 AM
Participate in EB3 Poll
2010 router obsession efore,
dummgelauft
08-21 08:31 PM
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
more...
bheemi
07-02 07:32 PM
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
Ask funds for some other work but not for lawsuit..
hair Router Control Panel
ajay
01-16 08:56 PM
See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.
This is what I always thank my elders and God for what I have been given in my day to day life.
This is what I always thank my elders and God for what I have been given in my day to day life.
more...
Macaca
04-04 04:08 PM
IEEE-USA has recently changed their site. Earlier their title was H1B visa. Now the title is Immigration Reform.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
IEEE has a huge number of Indian, Chinese and Korean members. I would not be surprsied if > 50% members are immigrants.
I have not heard that Programmer's Guild/Lou Dobbs supports IEEE-USA or vice-versa. Please let me know if you have a reference.
hot a first-time router buyer
rennieallen
03-05 07:41 PM
My $0.02:
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
more...
house also called Time warner,
Hermione
09-26 11:13 AM
No problem. I just wanted to encourage everyone with a strong feeling on H1 increase to post on the CNN site.
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
tattoo up your new router is all
varshadas
02-23 05:56 PM
Guys I am down with flu. Not sure if I will be able to attend. Will drop by if I feel better.
more...
pictures The Land Before Time - Tremors
GCKaIntezar
12-27 02:31 PM
Just to shed some light on the mortgage scenario -
Bank of America approved me for a mortgage yesterday - the rep specifically asked for the Citizen/Perm resident question, I told him that I have a valid work visa - he asked what kind - I said H1B. He looked up my credit histoiry and approved me right there. At the end of our 30 minutes long conversation, I asked him to confirm that H1B is not an issue - he confirmed that it wasn't - as long as I have sufficient funds in my acccount, a good cash flow, and a "very good" credit history.
The subprime mortgage industry is on the brink of collapse - due to all those foreclosures. These institutions have had a pretty relaxed lending schemes - especially for the intereset only and no-down payment ARMs.
Just to clarify on all the confusion:
If you are legally here i.e. on H1B yu can have any account and any mortgage. I can pretty much vouch for it because I am one of the persons in the bank incharge of enforcing the credit laws. The only requirement while giving a mortgage is what kind of credit scores and history you have. BOA is quite conservative in giving out loans while someother smaller institutions are not so conservative and hence the rejection from one and acceptance by the other.
For giving mortgage to illegals I do not know any reputable institution doing so. Yes there is always the grapevine.
I recently travelled to Delhi from SF using British Air in Dec. I chaged from Terminal 1 to terminal 4 while going and reverse while coming. Nobody asked for any visa, as far as I know it is not required. It was not required before then the requirement came in and now it is no longer there.
But I do have a valid visa on my passport.
About Hongkong it takes approximately 5 minutes to get a 15 day visa and the process is very smooth.
Singapore does not require any visa.
No visa for Germany, Middleeast and most of the East Asian stops.
Bank of America approved me for a mortgage yesterday - the rep specifically asked for the Citizen/Perm resident question, I told him that I have a valid work visa - he asked what kind - I said H1B. He looked up my credit histoiry and approved me right there. At the end of our 30 minutes long conversation, I asked him to confirm that H1B is not an issue - he confirmed that it wasn't - as long as I have sufficient funds in my acccount, a good cash flow, and a "very good" credit history.
The subprime mortgage industry is on the brink of collapse - due to all those foreclosures. These institutions have had a pretty relaxed lending schemes - especially for the intereset only and no-down payment ARMs.
Just to clarify on all the confusion:
If you are legally here i.e. on H1B yu can have any account and any mortgage. I can pretty much vouch for it because I am one of the persons in the bank incharge of enforcing the credit laws. The only requirement while giving a mortgage is what kind of credit scores and history you have. BOA is quite conservative in giving out loans while someother smaller institutions are not so conservative and hence the rejection from one and acceptance by the other.
For giving mortgage to illegals I do not know any reputable institution doing so. Yes there is always the grapevine.
I recently travelled to Delhi from SF using British Air in Dec. I chaged from Terminal 1 to terminal 4 while going and reverse while coming. Nobody asked for any visa, as far as I know it is not required. It was not required before then the requirement came in and now it is no longer there.
But I do have a valid visa on my passport.
About Hongkong it takes approximately 5 minutes to get a 15 day visa and the process is very smooth.
Singapore does not require any visa.
No visa for Germany, Middleeast and most of the East Asian stops.
dresses OK and you should land on
imh1b
11-12 03:21 PM
To the original poster of this thread: Why don't you go to court first.
I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.
I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.
more...
makeup Router Table System
va_jan_03
12-13 09:44 AM
I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
girlfriend from The Land Before Time.
ss1026
11-01 01:04 PM
Bumping..
I am myself curious to see more ppl respond to this vote but I think it might be better if you bump it on a high traffic day. I guess the visa bulletin issuance day is a good one
I am myself curious to see more ppl respond to this vote but I think it might be better if you bump it on a high traffic day. I guess the visa bulletin issuance day is a good one
hairstyles it#39;s time to roll up our
perm2gc
12-27 12:23 AM
Here is the link i posted
http://www.viaindia.com/apps/forums/open.aspx?ID=742957&mid=19
http://www.viaindia.com/apps/forums/open.aspx?ID=742957&mid=19
feedfront
09-14 04:03 PM
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
admin
03-20 06:38 PM
Hi,
Any new development on FBI name check process? How can one address this issue?
We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.
Any new development on FBI name check process? How can one address this issue?
We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.
