akhilmahajan
10-25 11:15 PM
Same with me. I hope people understand that this is a serious issue.
GO I/WE GO
GO I/WE GO
wallpaper pics of i love you poems. love
vkraman7
06-11 12:22 PM
I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.
If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.
Here are a few things you can do:
1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.
2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.
3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.
USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.
4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.
5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.
TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.
I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.
That is the least I could do to peacefully protest against the discrimination against me and my country people.
Please do not over react. This lays down the problem that we all have been speculating over the last few months...years... Atleast we know officially what the prediction is. We need to get working on the recapture, CIR, etc...
If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.
Here are a few things you can do:
1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.
2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.
3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.
USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.
4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.
5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.
TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.
I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.
That is the least I could do to peacefully protest against the discrimination against me and my country people.
Please do not over react. This lays down the problem that we all have been speculating over the last few months...years... Atleast we know officially what the prediction is. We need to get working on the recapture, CIR, etc...
diptam
07-06 12:11 AM
You need to change the SUBJECT also...
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
This is by far the most effective story that highlights the security concerns raised by approving cases that hasn't cleared the background check yet. This could be the big story. It may, however, be the double-edged sword. I think we need to keep this going as much as we can.
Digg .. Digg.. Digg ... keep digging even in your sleep.
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
This is by far the most effective story that highlights the security concerns raised by approving cases that hasn't cleared the background check yet. This could be the big story. It may, however, be the double-edged sword. I think we need to keep this going as much as we can.
Digg .. Digg.. Digg ... keep digging even in your sleep.
2011 Mom I Love You Poem With Pink
jambapamba
07-06 02:07 PM
Are they really accepting applications? What do you mean by accpeting!? They are just taking the applications but are not opening it. There is already a queue for opening those....and currently they are opening the applications recieved in Jun20th and around(I am just basing on the 485 applicants submitted around that timeframe and have not recieved a receipt notice yet). They will get to the ones as time goes by.....:rolleyes:
I doubt it, uscis used up 60k visas in one month just to make sure we dont get any ead, why in the world after doing all this nonsense would they accept our applications.
I doubt it, uscis used up 60k visas in one month just to make sure we dont get any ead, why in the world after doing all this nonsense would they accept our applications.
more...
chisinau
11-02 12:28 PM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
gonecrazyonh4
04-25 12:46 PM
Tax returns can be filed by illegal immigrants too with an ITIN number.
Any rule that doesnot discriminate betweten legal and illegal immigrants would just increase our woes.
Any rule that doesnot discriminate betweten legal and illegal immigrants would just increase our woes.
more...
santb1975
07-14 08:44 PM
Kudos
Hello everyone,
I am starting a new campaign for IV's benefit. It is called "Give me a High Five".
The point of this campaign is to send Not $100, not $50, not even $10.
ALL you need to do is write out a $5 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.
We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.
For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.
Hello everyone,
I am starting a new campaign for IV's benefit. It is called "Give me a High Five".
The point of this campaign is to send Not $100, not $50, not even $10.
ALL you need to do is write out a $5 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.
We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.
For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.
2010 love you poems. i will miss
himu73
07-11 12:40 PM
Is this the same bulletin as in uscis website. I dont see the August bulletin on Uscis website and the EB2 PD is still April 2004
more...
eb3_nepa
07-15 03:22 PM
don't I need to provide the account number of IV there.?
Nope. You are simply mailing out a "cheque" to IV at the postal address.
Nope. You are simply mailing out a "cheque" to IV at the postal address.
hair pics of i love you poems. i
babu123
04-04 11:17 AM
What is the difference between LLC and C Corp.
which is better to open out of the two if we are in EAD.
which is better to open out of the two if we are in EAD.
more...
m306m
07-15 03:29 PM
I pledge $10 if we reach $2000 today
Keep going folks.
Keep going folks.
hot cute short i love you poems.
needhelp!
09-10 03:28 PM
asharda rainy Jitamitra kumhyd2 ngaheer sanjay sureddy
more...
house Download the Love You Poem
rama2007
08-07 12:33 PM
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
what are the chaces of his 485 get accepted.?
tattoo i love you poems for your dad.
Libra
09-10 04:55 PM
thank you.
I contributed whatever I can. Please contribute your part.
I contributed whatever I can. Please contribute your part.
more...
pictures emo love poems for girl. emo
ItIsNotFunny
09-17 05:27 AM
I have done some ground work and am planning to start a company this week - my wife as owner. I have couple of other friends who have filed 485 in June.
My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.
My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.
dresses pics of i love you poems. i
learning01
03-16 01:34 PM
I agree with your partial disagreement. It's all about Group Dynamics. You know what I mean. Forming, Storming, Norming (settle at common goals, workable strategies etc) and Performing. While it is feasible that all these can proceed parallely, full impact of the group and hence its achieving its goals will happen when these steps are followed quickly and serially.
It is their country and immigration laws and procedures are their concern. They will agree to discuss today and settle to vote after next elections. That's my concern. That's where I said, informing/ just writing to your own employers is enough. These companies, our employers are to a large extent gentlemen. I have a feel that most of them take this FYI / petition seriously. And they will do something about it. Trust me.
I will agree with you partially, you're right, big corporates can make a difference, but I said partially because I feel we are more powerful than the corporates. Look at the numbers, inspite of atleast 350,000 applications stuck in Labor Backlogs & other 200,000 people waiting to file their adjustment of status, we just have 1200 members. So there are only 1-2 % people who thinks they or their fellow citizens can do something. If even 20% of this population start making noise, you'll have a different opinion...
It is their country and immigration laws and procedures are their concern. They will agree to discuss today and settle to vote after next elections. That's my concern. That's where I said, informing/ just writing to your own employers is enough. These companies, our employers are to a large extent gentlemen. I have a feel that most of them take this FYI / petition seriously. And they will do something about it. Trust me.
I will agree with you partially, you're right, big corporates can make a difference, but I said partially because I feel we are more powerful than the corporates. Look at the numbers, inspite of atleast 350,000 applications stuck in Labor Backlogs & other 200,000 people waiting to file their adjustment of status, we just have 1200 members. So there are only 1-2 % people who thinks they or their fellow citizens can do something. If even 20% of this population start making noise, you'll have a different opinion...
more...
makeup pics of i love you poems. i
jetflyer
02-24 08:29 AM
Your situation is similar to mine and I am sure lot more IVans are going thru the same.
I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.
Good Luck & hang in tight.
I am in US for 10 years on H1b + EAD, and almost every day I attempt to weigh my options. It gets even tempting for people from India and other similar economies where finding a job is now piece of cake (for skilled worker). I also got carried away with American Dream and got into cars, house etc. assuming Legal Immigration is a sure shot in the land of opportunity, its just matter of time due to slow process but once you are in the line you are pretty much set. But now after so many years, situation doesn't looks that promising, especially after leaving what we had backhome, missing opportunities that other who-stayed have enjoyed, and now tempted to leave what we have build in US, brings me to square one. But I must solidify my ground before moving forward, and hence as long as I have job and I am confident that I will have a job no matter how bad economy turns, I will keep serving this country, and when I find that I have to make unreasonable sacrifices I will quit and happily goto any other booming economy, it could be India, Brazil, or any other country but with solid PR prospects, where I don’t have to giveup my career advancements, and I can plan for long term.
Good Luck & hang in tight.
girlfriend Love Poem 11 - Love, Love
ilikekilo
05-15 09:28 AM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
would you mind sharing what city you are in as its good to know that your local congress woman's office is helping you...
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
would you mind sharing what city you are in as its good to know that your local congress woman's office is helping you...
hairstyles Love Poem - I#39;ll Love You
susie
07-15 11:30 AM
1 of 2 posts
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
Libra
07-06 03:43 PM
You might be senior member than me, i may not post my comments more offenly, i just read what others are saying. Even i dont mean to disrespect you, and whatever i said below is not to offend you. I hope you understand
I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
reddysn
06-05 11:13 AM
rightly said
Guys/Gals - Those of you who are planning to file your 140 and/or 485 and are worried about the future consequences, please stop worrying about the bill and first of all get your 140 and/or 485 filed.
Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.
If you are one of those who can keep working on your 140/485 , worry about the bill and help IV all together in a balanced way, no need to follow the step by step process :-)
Things happen - they can always happen - they can be good - they can be bad - but Life Goes On.... so you do what you need to do for your current processing and whatever plans you have for future but just be aware that things can always change. Say you dont file your 140 assuming the world's gonna end and then before the world ends, 140 premium processing is stopped - ( not that there are any rumours regarding this ).... so get the point - carry on with your processes assuming the best out of this bill and help IV as much as you can.
Guys/Gals - Those of you who are planning to file your 140 and/or 485 and are worried about the future consequences, please stop worrying about the bill and first of all get your 140 and/or 485 filed.
Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.
If you are one of those who can keep working on your 140/485 , worry about the bill and help IV all together in a balanced way, no need to follow the step by step process :-)
Things happen - they can always happen - they can be good - they can be bad - but Life Goes On.... so you do what you need to do for your current processing and whatever plans you have for future but just be aware that things can always change. Say you dont file your 140 assuming the world's gonna end and then before the world ends, 140 premium processing is stopped - ( not that there are any rumours regarding this ).... so get the point - carry on with your processes assuming the best out of this bill and help IV as much as you can.
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