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rayoflight
02-19 11:29 AM
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
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nojoke
03-01 04:00 AM
But as soon as he talks about his senseless economic plans, Investors pull their money out from the Market. Investors don't see a direction with Obama w.r.t solving this mess. Lack of investor confidence has a direct impact on the main street as companies will have to cut their Opex due to shortage of investment. Government can cut capital gains , lower down the taxes and bring more people to invest in the stock market.
If Obama goes by and spends all that money on government bull crap programs, it will not help private enterprise which in turn won't help in job growth or recovery. With no jobs and less consumer spending, economy will go into further hole with a huge debt.
That has been tried for the past 8 years and all it did was create this mess.
Oh yeah, the private enterprises are hiring people left and right. :rolleyes:You must be from alternate universe or wathcing too much faux news.
If Obama goes by and spends all that money on government bull crap programs, it will not help private enterprise which in turn won't help in job growth or recovery. With no jobs and less consumer spending, economy will go into further hole with a huge debt.
That has been tried for the past 8 years and all it did was create this mess.
Oh yeah, the private enterprises are hiring people left and right. :rolleyes:You must be from alternate universe or wathcing too much faux news.
saveimmigration
01-16 09:29 PM
GC process is like a monkey on the shoulder. You only realize when he gets off, that how much burden you were carrying all along.
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gk_2000
08-10 08:56 PM
so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
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mirage
02-03 08:17 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
chanduv23
08-05 11:00 PM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
NJ members please join the tri state chapter by clicking on the link in my signature (NY chapter is now tri state chapter)
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
NJ members please join the tri state chapter by clicking on the link in my signature (NY chapter is now tri state chapter)
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abracadabra102
07-29 10:16 AM
A lot of people act as if their God / Gods need their protection. My friends think about that before getting upset about these issues. Do the Gods really need your protection? or is it just your ego thats being hurt? Would Ganesha (in this case) be hurt by being on the beer bottle? Does the picture infact resemble him? has anybody seen Ganesha? I mean, this is 21st century and we have to think rationally before becoming sentimental over these issues. So long as you get hurt over these there will be people to insult you. Believe me my friend no human can ever hurt / insult a God (if there is infact one). so why bother? Maintain your personal relationship with Ganesha in your prayer and let him deal with such insults in his way. The only reality you will ever know is your neighbuor. Live and let others live life to the fullest and dont let religion / religious idease dictate your attitude towards this world. next time you see the beer, buy it and drink it if you enjoy alcoholic beverages.
Great post.
Great post.
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apb
07-19 08:02 PM
My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....
USCIS also checks whether you have been paying taxes. W2 alone does not help.
USCIS also checks whether you have been paying taxes. W2 alone does not help.
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signifer123
02-16 01:02 PM
Lol only one person i know of said they were giving up man, i just have to replan my look for mine
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gc_on_demand
05-06 03:30 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.
what are the next steps?
I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.
more...
coopheal
04-11 04:00 PM
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
any category of EB3 or EB2 type going unavailable in May bulletin is alarming.
Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...
However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...
It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.
so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
any category of EB3 or EB2 type going unavailable in May bulletin is alarming.
Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...
However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...
It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.
so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....
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ramus
07-03 03:00 PM
Thanks.
Contributed $100.
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kumarc123
04-09 03:37 PM
Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)
Hey Pappu,
What do you conclude of this? Their has to be some rational reason behind them not moving EB2I, it is hard to grasp that they are still working on 2004-2005 PD's. Is their something we can do bring them in more transparency.
I believe earlier they screwed up and now they are on apposite extreme end, scrutinizing every element.
Hey Pappu,
What do you conclude of this? Their has to be some rational reason behind them not moving EB2I, it is hard to grasp that they are still working on 2004-2005 PD's. Is their something we can do bring them in more transparency.
I believe earlier they screwed up and now they are on apposite extreme end, scrutinizing every element.
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Indirant
01-21 02:52 PM
Hi Guys
I think we should also highlight the investment made by H1B holders in Housing , stock market etc .
Indirant
I think we should also highlight the investment made by H1B holders in Housing , stock market etc .
Indirant
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Hassan11
03-19 01:43 PM
pmb76,
that was not my statement. if you read my post, you will understand that I clearly was quoting Ron Gotcher. I even put a link to that message where I got that quote from his forum. so in the future, you can say maybe Ron wasn't right instead.
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
that was not my statement. if you read my post, you will understand that I clearly was quoting Ron Gotcher. I even put a link to that message where I got that quote from his forum. so in the future, you can say maybe Ron wasn't right instead.
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
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yawl
07-16 05:13 PM
they are shameless liars and racists
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a_yaja
12-28 03:05 PM
You mean 529? Thanks of telling. I was planning to open an account for my kid's college.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
Your kid has to be a US citizen/ GC holder. You don't need to be either - except tht you need to be a resident of US with SSN (not sure if you need to be a legal resident). I live in Ohio and I opend a 529 for my daughter.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
Your kid has to be a US citizen/ GC holder. You don't need to be either - except tht you need to be a resident of US with SSN (not sure if you need to be a legal resident). I live in Ohio and I opend a 529 for my daughter.
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485InDreams
09-26 10:19 AM
Thanks all and to the blogger who found this.... This thread make me believe...
Revolution - People of common interest meet...
Collusion - People of different interest meet
Revolution - People of common interest meet...
Collusion - People of different interest meet
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desigirl
02-16 09:05 AM
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
Thanks.
bang
10-16 10:42 AM
Please participate in EB3 PollSee my details in Signature
desigirl
02-16 09:05 AM
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
Thanks.
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