Macaca
09-12 12:34 PM
If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.
I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.
Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.
I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.
Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.
wallpaper 19quot; of Lift on small 40#39;s now
bitu72
03-10 01:19 PM
as per last page of this document(bulet point 16) they deffered the decision on exempting nurses from EB quoutas.. but i think we heard them saying its approved...
admin/guru's u r comments please..
http://www.shusterman.com/pdf/specterbill30906.pdf
admin/guru's u r comments please..
http://www.shusterman.com/pdf/specterbill30906.pdf
nivasch
03-02 03:20 PM
I found this Information:
http://seattlepi.nwsource.com/local/6600ap_wst_governors_immigration.html
http://seattlepi.nwsource.com/local/6600ap_wst_governors_immigration.html
2011 not a f150 but its all in the
hpandey
07-11 11:15 AM
CIR is the Worst thing on the planet for the legals.
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
more...
santb1975
06-17 12:24 AM
We need 829 dollars to reach 20k
Mouns
04-30 02:57 PM
OK so they are all happy. We don't know why the backlogs or what is being done to address that. Damn it!
more...
desi chala usa
01-06 10:25 AM
Don't forget the education is the biggest business in U.S.A and the immigration is the second one, thats what I learned from my 5 years experience. Both businesses dragging money from foreign ppl (International student has to pay 3-4 times more than local).
2010 Ford F150 Lifted Picture 80718
ronhira
07-06 02:02 AM
I agree, what did I do for IV for the past few months, nothing. Responded to one or two threads. Been very busy at work and was not able to contribute constructively to this organization. I am wondering how many of us are in this same boat, what are we all actually doing in helping the organization from either volunteering, getting more people to open their eyes and recognize a problem and organize and mobilize people. I have been trying for the past 4 years and its not easy and not always successful. To see the leadership team constantly juggling between work and working on different initiatives and putting in self less hours really requires appreciation. Now I think its worth asking ourselves, how much have we done or are willing to do to take us to where all of us want to be IMHO.
let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault
let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault
more...
smisachu
09-11 11:56 AM
IV rocks�.. Just made contribution of 500$
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!
Cannot come to rally because of personal reasons. Feeling terrible about that�.
Order Details - Sep 11, 2007 10:46 AM CDT
Google Order #636002683618849
Thanks, thats really cool. gave you +ve feed back so made ur red dot go away!!
hair LIFTED on 22quot; Rims -- Rockstar
sunny1000
06-02 09:30 PM
This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.
more...
BharatPremi
07-05 04:11 PM
BharatPremin you in CA?
No... Why?
No... Why?
hot Ford F150 Lifted Black.
sam2006
09-13 10:34 AM
Milind123 YOU ARE THE MAN !!!
i guess you have crossed 400:p
I will make 100$ as promised later in the day
Comon Guys please wake up and contribute
Its now or NEVER!!!
please Help IV and Help Your Selves
i guess you have crossed 400:p
I will make 100$ as promised later in the day
Comon Guys please wake up and contribute
Its now or NEVER!!!
please Help IV and Help Your Selves
more...
house F150 Lifted Up
JunRN
08-13 09:13 PM
I think everything will normalize in October. From RN, EAD may take three to four months.
tattoo 05 F150 4x4 Ext.Cab Lariat. What#39;s the Point of a Lifted F150 Lifted Up Ford
reachag
12-18 02:30 PM
# nycgal369, Senior Member like you coming up with this idea...hmmm..
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
more...
pictures Added 20x12 Rockstars(Before
mw_immi
01-07 12:47 PM
Just send your I-140 approved docs to the bank. I got the approval with my I-140 itself
Who is your banker? I locked in my rate with BOA & after 4 months they say unapproved. I am on EAD (expired H1B and I-94), AOS pending. I gave I-140, I-485 receipt, EAD, attorney letter but nothing worked.
Who is your banker? I locked in my rate with BOA & after 4 months they say unapproved. I am on EAD (expired H1B and I-94), AOS pending. I gave I-140, I-485 receipt, EAD, attorney letter but nothing worked.
dresses 2006 Ford F150 Super Cab XLT
snathan
02-13 10:38 PM
What are you waiting for
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
I am still waiting to see your contribution. Do you need any help to write the check.
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.
Are you just another junk in IV...?
You are being mean to me and untrustworthy. I have no time for kids.
i dont need to be trustworthy for ur million $$$...you are just another junk for IV
A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
I dont have time for stingy junks...get lost in to
Vacuum
So what ?????????????
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
I am still waiting to see your contribution. Do you need any help to write the check.
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.
Are you just another junk in IV...?
You are being mean to me and untrustworthy. I have no time for kids.
i dont need to be trustworthy for ur million $$$...you are just another junk for IV
A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
I dont have time for stingy junks...get lost in to
Vacuum
So what ?????????????
more...
makeup 8quot; Rize Lift, 22quot; rockstars on
rockrocky
06-11 11:32 AM
Just remember.. if we are not united, we ain't getting nothing. Lets work on Recapture of wasted numbers. Thats the only inflow we can rely on. We don't have to wait for their charity every month in the name of left over numbers or spill over numbers. We want our legal GCs. We worked hard to earn it. Lets stay united and fight against the system.
girlfriend 2006 Ford F150 Crew Cab 4x2.
addsf345
11-13 08:21 PM
This contradicts with the fact that many reported on IV. Ron says that one can continue employment on EAD. EAD stays valid atleast till the legally allowed time to file for an appeal, and once you file appeal, it stays active till it adjudicated.
However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?
URL: http://boards.immigration.com/blog.php?b=34
AOS Pending, Should H-1 be Renewed by Rajiv S. Khanna
whether an H-1 should be renewed while the AOS is pending.
---------------------------------------
Bottomline - I think H-1 should be renewed.
A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:
One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.
Two, if your AOS were to be denied (even in error), you would have no way to work, because the EAD goes with the AOS. And since there is no appeal against AOS denial, only an MTR can be filed. While the MTR is pending, you are not given a work authorization (as of now, July 2008). In addition, you would not be able to get n H-1 extension beyond the original six years because nothing is pending and "final action" has been taken on your green card. This could result in a situation that can be very dangerous. You do not have an H-1, a pending MTR gives you no legal status to sty in the US. Not only can you not work, you are deportable and you are accruing illegal presence even though the MTR is pending.
While CIS has done well to eliminate the first concern by reinstating the interim EAD issuance policy, the second concern still bothers me. While erroneous denials are few an far between (thank heavens), they do, nevertheless, occur. So, just maintain your peace of mind by keeping your H-1 active. That is my opinion. Reasonable people can easily argue against this and perhaps, their points of view may be just as valid.
All the above holds true, whether or not you intend to use AC21 portability. :confused: :confused: :confused: :confused: :confused:
However many ppl reported that they had to leave job due to 485 revocation. What is the truth???? Any one?
URL: http://boards.immigration.com/blog.php?b=34
AOS Pending, Should H-1 be Renewed by Rajiv S. Khanna
whether an H-1 should be renewed while the AOS is pending.
---------------------------------------
Bottomline - I think H-1 should be renewed.
A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:
One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.
Two, if your AOS were to be denied (even in error), you would have no way to work, because the EAD goes with the AOS. And since there is no appeal against AOS denial, only an MTR can be filed. While the MTR is pending, you are not given a work authorization (as of now, July 2008). In addition, you would not be able to get n H-1 extension beyond the original six years because nothing is pending and "final action" has been taken on your green card. This could result in a situation that can be very dangerous. You do not have an H-1, a pending MTR gives you no legal status to sty in the US. Not only can you not work, you are deportable and you are accruing illegal presence even though the MTR is pending.
While CIS has done well to eliminate the first concern by reinstating the interim EAD issuance policy, the second concern still bothers me. While erroneous denials are few an far between (thank heavens), they do, nevertheless, occur. So, just maintain your peace of mind by keeping your H-1 active. That is my opinion. Reasonable people can easily argue against this and perhaps, their points of view may be just as valid.
All the above holds true, whether or not you intend to use AC21 portability. :confused: :confused: :confused: :confused: :confused:
hairstyles 2006 Ford F150 Super Cab XLT
priti8888
06-26 01:51 PM
What is america losing?
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
Kodi
09-12 12:38 PM
I applied May 8th EB2 Atlanta center and its been 127 days but no decision yet.
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