Lacris
07-23 05:38 PM
Congratulation!!!!!!!
Thats really great news.
My husband pd is SEP 2004
EB3 India
Hope we will also get GC in next 2 years
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
Thats really great news.
My husband pd is SEP 2004
EB3 India
Hope we will also get GC in next 2 years
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
wallpaper pictures funny sarcastic
Leo07
05-03 02:28 PM
^^^^^^^^^^^^^^^^
tcsonly
07-21 04:49 PM
Here is a list of 53 members so far registered in SoCal chapter:
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
I doubt if Jimi_Hendrix is still active in SoCal chapter.
-C.
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
I doubt if Jimi_Hendrix is still active in SoCal chapter.
-C.
2011 house funny sarcastic quotes.
anilsal
12-18 05:35 PM
Apparently, we were pretty pretty close to getting retrogression eradicated in the lame duck session, according to an IV core member.
Now based on that, can you lose heart?
I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)
Now based on that, can you lose heart?
I think we should continue calling Sen.Cornyn's office and keep him motivated to get the SKIL bill tabled and cleared in the next congress. ;)
more...
desi485
11-17 05:07 PM
Update: Googling and found the murthy forums thread which I mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl (atleast 2 of them) reported successfully renewed EAD, AP while appeal to 485 denial was pending.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl (atleast 2 of them) reported successfully renewed EAD, AP while appeal to 485 denial was pending.
gsc999
07-14 08:38 PM
Running total so far $608
Good work. Let keep rolling.
Good work. Let keep rolling.
more...
gchope07
07-18 03:14 PM
I am confused about receipt date?
Notice date is when the receipt notice is generated- That's simple
Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?
In other words people who filed there application on July 2nd,3rd etc ... and lets say USCIS takes 2 months to receipt those cases.. then after 2 months when the notice is generated won't it have a July 2nd receipt date? for July 2 filers?
Notice date is when the receipt notice is generated- That's simple
Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?
In other words people who filed there application on July 2nd,3rd etc ... and lets say USCIS takes 2 months to receipt those cases.. then after 2 months when the notice is generated won't it have a July 2nd receipt date? for July 2 filers?
2010 funny sarcastic quotes
alterego
06-10 08:27 AM
This is really dissapointing. Eb2 India has not moved at all. EB3 now unavailable. EB3 ROW now unavailable.
When the reach the next fiscal year, things will be worse than now for EB India due to the loss of spillover.
The need for visa recapture is now more than ever.
When the reach the next fiscal year, things will be worse than now for EB India due to the loss of spillover.
The need for visa recapture is now more than ever.
more...
guy03062
03-15 07:52 AM
03/15/2006: Possible Full Senate Debate Mark-Up Beginning From March 20, 2006
An unconfirmed sources of information has just released a report that the Sen. Bill Frist, Majority Leader is pushing a two-week full Senate floor debate beginning from March 20, 2006 rather than March 27, 2006. This report is indirectly supported by another news that the Senate Judiciary Committee is pressed to extend their additional mark-up on Friday, March 17 to finish up the Committee action before the end of the week.
03/15/2006: Senate Judiciary Committee Update: Additional Mark-Up Friday, 03/17/2006
Senate Judiciary Committee is scheduled to pickup the Sen. Specter's Mark of the Comprehensive Immigration Reform bills today. Initially it was scheduled for two days, March 15 and March 16, but the AILA has just obtained the information that the Committee has tentatively extended the mark-up on March 17, Friday as well in order to finish up this business within this week. As we reported earlier, the Committee has been working on a tight schedule because of the pressure from Senator Frist, the Majority Leader of the Senate to start debate on the Comprehensive Immigration Reform in the Senate beginning from March 27, 2006.
Now is the time for everyone to pickup the phone or send emails to the Senate Judiciary Committee members to urge them to support the bills. Otherwise it will be too late.
Source: http://www.immigration-law.com/
An unconfirmed sources of information has just released a report that the Sen. Bill Frist, Majority Leader is pushing a two-week full Senate floor debate beginning from March 20, 2006 rather than March 27, 2006. This report is indirectly supported by another news that the Senate Judiciary Committee is pressed to extend their additional mark-up on Friday, March 17 to finish up the Committee action before the end of the week.
03/15/2006: Senate Judiciary Committee Update: Additional Mark-Up Friday, 03/17/2006
Senate Judiciary Committee is scheduled to pickup the Sen. Specter's Mark of the Comprehensive Immigration Reform bills today. Initially it was scheduled for two days, March 15 and March 16, but the AILA has just obtained the information that the Committee has tentatively extended the mark-up on March 17, Friday as well in order to finish up this business within this week. As we reported earlier, the Committee has been working on a tight schedule because of the pressure from Senator Frist, the Majority Leader of the Senate to start debate on the Comprehensive Immigration Reform in the Senate beginning from March 27, 2006.
Now is the time for everyone to pickup the phone or send emails to the Senate Judiciary Committee members to urge them to support the bills. Otherwise it will be too late.
Source: http://www.immigration-law.com/
hair Sarcastic Quotes · Sarcastic
gc28262
03-12 12:30 PM
Pappu,
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
I think IV core can give lifetime exception to active members like 'ItIsNotFunny' for their efforts. For others, let monthly contribution stay.
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
I think IV core can give lifetime exception to active members like 'ItIsNotFunny' for their efforts. For others, let monthly contribution stay.
more...
sirinme
09-10 05:33 PM
Just contributed $100 via Google Checkout. Can't make it in person to the rally, but thanks & best wishes to everyone involved.
hot hot funny sarcastic quotes.
mango_man
06-11 07:21 PM
Just eat mangoes and have fun! GC doesnt taste half as good as Indian mangoes.
more...
house funny or sarcastic quotes.
Libra
09-10 03:09 PM
thanks manugee for contribution and consideration for rally.
tattoo Funny sarcastic quotes
akgind
09-14 05:19 PM
This might be true in your case but not with every body else
That is exactly the point. How can you then argue that all PD porting is unethical, period?
That is exactly the point. How can you then argue that all PD porting is unethical, period?
more...
pictures Sarcastic Quotes
yabadaba
07-11 08:40 AM
ok..i am typically not a cheesy person.. but exteme situations require cheesy gestures
so here goes
ode to my green card (plagarized from lambi judaai from movie jannat)
Tere bin dil mera lage kahin na
Tere bin jaan meri jaye kahin na
Kitne zamane baad o rabba
Yaad tu aaya, yaad tu aaya
Aaaaa….aa..aaaaaaaa….
Khoya raha mein, saason mein apne
Aahat bhi teri, bhool gaya mein
Kitna jeeya hoon tanha raho hoon
Ishq tera bhool gaya hoon
---Translation
Tere bin dil mera lage kahin na - without you my heart is in nothing anymore
Tere bin jaan meri jaye kahin na - without you my life goes nowhere
Kitne zamane baad o rabba - after how many days, o god
Yaad tu aaya, yaad tu aaya - i remembered you, i remembered you
Aaaaa….aa..aaaaaaaa…. - Aaaaa….aa..aaaaaaaa….(no translation required)
Khoya raha mein, saason mein apne - I have been lost, just breathing
Aahat bhi teri, bhool gaya mein - your footsteps, i have forgotten
Kitna jeeya hoon tanha raho hoon - just been living, been so alone
Ishq tera bhool gaya hoon - that I have forgotten your love
so here goes
ode to my green card (plagarized from lambi judaai from movie jannat)
Tere bin dil mera lage kahin na
Tere bin jaan meri jaye kahin na
Kitne zamane baad o rabba
Yaad tu aaya, yaad tu aaya
Aaaaa….aa..aaaaaaaa….
Khoya raha mein, saason mein apne
Aahat bhi teri, bhool gaya mein
Kitna jeeya hoon tanha raho hoon
Ishq tera bhool gaya hoon
---Translation
Tere bin dil mera lage kahin na - without you my heart is in nothing anymore
Tere bin jaan meri jaye kahin na - without you my life goes nowhere
Kitne zamane baad o rabba - after how many days, o god
Yaad tu aaya, yaad tu aaya - i remembered you, i remembered you
Aaaaa….aa..aaaaaaaa…. - Aaaaa….aa..aaaaaaaa….(no translation required)
Khoya raha mein, saason mein apne - I have been lost, just breathing
Aahat bhi teri, bhool gaya mein - your footsteps, i have forgotten
Kitna jeeya hoon tanha raho hoon - just been living, been so alone
Ishq tera bhool gaya hoon - that I have forgotten your love
dresses Humorous sarcastic quotes from
SGP
04-21 05:45 PM
Hi: Does anyone have update on how long is it taking to get PERM approvals now days? I have applied for my 2nd labor under EB3 at end of March 2011.
Replies are always appreciated. many thanks in advance.
Replies are always appreciated. many thanks in advance.
more...
makeup Sarcastic Quotes; Short Funny
Keeme
03-06 04:52 PM
Congrats everyone getting soft LUDs
Don't waste your energy ! You have long way to go !
Don't waste your energy ! You have long way to go !
girlfriend Sarcastic Quotes on Life;
gsc999
07-09 05:30 PM
If you need a car ride from LA to San Jose for 07/14 rally. Please see details on the link below:
http://immigrationvoice.org/forum/showthread.php?t=6156&page=10
http://immigrationvoice.org/forum/showthread.php?t=6156&page=10
hairstyles 2010 funny sarcastic sayings;
JunRN
09-28 07:23 PM
They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.
Maybe we can volunteer to adjudicate each of our own case...lol!
Maybe we can volunteer to adjudicate each of our own case...lol!
Pineapple
01-07 12:13 AM
raysaikat, and others, can we call a truce and focus on the original intent of the thread? I am sure we can all agree that the top 5 % of the worst university (does not matter which, or where) are usually better than the bottom 5 % of the best university (again, does not matter).
In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)
You never know whom you are sitting next to on the plane! ;)
Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.
We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.
I, for one, have serious questions:
A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.
I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.
In my life, in our company, I've seen some of the sharpest brains around (PhDs working for the Russian defence before they defected in late 70's and early 80's) and some of the dumbest (a mechanical engineer who refused to believe me when I mentioned the sun was approximately 300000 bigger than the earth in terms of mass and 1000000 times bigger in terms of volume). Believe it or not, I've met a taxi driver who graduated from an Ivy League institution and used to work at NASA in 60s and 70s and worked on developing algorithms for decompressing transmissions. There are all sorts who make the world a pretty interesting, if unpredictable place. :)
You never know whom you are sitting next to on the plane! ;)
Rather than arguing over silly matters, perhaps we should focus on intelligent analysis and if necessary, rebuttal of arguments.
We do not prove anything by arguing over IIT vs Osmania, or North Vs South, but merely conform the worst aspects of Prof. Wadhwa's sweeping generalizations.
I, for one, have serious questions:
A) The video was edited. It is a collection of sound bites. How do we know the context of the statements if we do not have the full transcript?
B) We have no visuals of the charts and figures referred to by Prof Wadhwa.
C) We have no access to the raw data used by Prof. Wadhwa. He may had published it, but I have not seen any of it. (Unless Macaca can ferret out the details.. if anyone can, he is the man!). I have, for instance, basic questions whether immigrants and foreign students were excluded when he (Wadhwa) was counting the openings filled and engineers graduated in US.
I do not mean to offend anyone, nor am I commenting on any country, university, or anything.. so please do not misunderstand me. Let us focus on the what is more important.
susie
07-15 11:32 AM
2 0f 2
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
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