meandmygc
09-10 04:48 PM
Contributed $100 via Google checkout. I could not make to the rally but planning on sponsoring one of our friend who can make it.
I personally thank all the guys who are attending the rally in person, much appreciated.
I personally thank all the guys who are attending the rally in person, much appreciated.
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alterego
06-16 11:30 AM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
Didn't realise they now have a PERM backlog center. I thought baclkog centers were only for traditional and RIR labours, I guess there is no end to the circus of immigration life.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
Didn't realise they now have a PERM backlog center. I thought baclkog centers were only for traditional and RIR labours, I guess there is no end to the circus of immigration life.
ronhira
07-06 02:04 AM
lahiribaba - you are my hero. this is the best idea yaar :D
Instead of hiring a full time lobbyist why dont we hire a full time manager who will contact IV members and drive funding drives , organize campaigns , send and spam USCIS with emails flowers and faxes and keep it moving. Heck may be we can even offshore and outsource it. Take a look at YourManInIndia (http://www.yourmaninindia.com/) . At 7$ per hour this wont take much. Lets take the help of our brothers and sisters in Inda to get GC .. let them help us while we help them..
~~~~~~~~~~~~~~~~~~~~~~~~~~~
But we're never gonna survive, unless...
We get a little crazy
No we're never gonna survive, unless...
We are a little...
Crazy...crazy...crazy...
~~~~~~~ Seal ~~~~~~~~~~
Instead of hiring a full time lobbyist why dont we hire a full time manager who will contact IV members and drive funding drives , organize campaigns , send and spam USCIS with emails flowers and faxes and keep it moving. Heck may be we can even offshore and outsource it. Take a look at YourManInIndia (http://www.yourmaninindia.com/) . At 7$ per hour this wont take much. Lets take the help of our brothers and sisters in Inda to get GC .. let them help us while we help them..
~~~~~~~~~~~~~~~~~~~~~~~~~~~
But we're never gonna survive, unless...
We get a little crazy
No we're never gonna survive, unless...
We are a little...
Crazy...crazy...crazy...
~~~~~~~ Seal ~~~~~~~~~~
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JunRN
05-15 09:34 PM
Hi! I have some questions:
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
more...
Gurpreet
07-20 02:24 PM
There are so many unknowns.. that I don't think we can really estimate the EAD process timeline.
For instance, lets consider we all get our initial EADs (in whatever time estimation one can make with the little information one have), I believe, it will be really interesting to see how much time USCIS takes to renew EAD's. Currently it has to be renewed yearly.
They would definitely have to either increase work force or increase grant EAD renewal's of 3 years in order to cope up with the number of applications.
I hope they would have decided all of this before accepting all AOS applications otherwise they would have to do alot of leg work.
We will see in future what they have in store for us.
For instance, lets consider we all get our initial EADs (in whatever time estimation one can make with the little information one have), I believe, it will be really interesting to see how much time USCIS takes to renew EAD's. Currently it has to be renewed yearly.
They would definitely have to either increase work force or increase grant EAD renewal's of 3 years in order to cope up with the number of applications.
I hope they would have decided all of this before accepting all AOS applications otherwise they would have to do alot of leg work.
We will see in future what they have in store for us.
Milind123
09-14 12:13 PM
bump
Thanks Libra for bumping. Please allow me to do it. I think we still need one shot to go.
Thanks Libra for bumping. Please allow me to do it. I think we still need one shot to go.
more...
bestia
03-18 01:59 PM
--- if you really meant to ask---
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
Yes, I did mean to ask. As far as knew, claiming dependent and filing jointly are not the same thing. But I could be wrong, I'm not an expert here.
But there is another catch. You can file seperately, get stimulus package and then amend your tax return, claim your wife and get more refund.
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
Yes, I did mean to ask. As far as knew, claiming dependent and filing jointly are not the same thing. But I could be wrong, I'm not an expert here.
But there is another catch. You can file seperately, get stimulus package and then amend your tax return, claim your wife and get more refund.
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let007live4ever
02-07 09:15 AM
AP isn't appoved yet. I have to wait for the approval in order to use that upon reentry.
And yes someone can surely mail me the document. In that case I just have to hope the AP dosen't have any misprints or something.
And yes someone can surely mail me the document. In that case I just have to hope the AP dosen't have any misprints or something.
more...
jamesbond007
07-16 12:01 PM
Scheduled a $11 contribution to go out on the first day i.e. 7/21/2008 available via DCU bill pay.
Why 11$? $5 each from me and my wife. $1 gas money saved from not going to subway :D :cool:
Kidding aside, I try not to donate any amount that ends in a zero.
Why 11$? $5 each from me and my wife. $1 gas money saved from not going to subway :D :cool:
Kidding aside, I try not to donate any amount that ends in a zero.
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JunRN
10-03 11:18 PM
I do not believe the 800,000 figure for I-485 alone. It could be a misquote from Aytes. The 800,000 is possibly combination of all immigration related applications such as I-140, 485, 131, 765, etc.
Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.
With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.
Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.
With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.
more...
Mygr8life
12-18 02:30 PM
Oops, sorry for the typo in item 1, it should read:
1. How many total employment visas (is it = 140,000/4) are available per quarter?
**********
Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???
Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?
Between Oct2009 to Dec2009 (1st quarter):
1. How many total employment visas (is it be 140,000/4) are available per quarter?
2. How many total EB1+EB2Row pending applications?
3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?
So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".
This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:
Thanks.
1. How many total employment visas (is it = 140,000/4) are available per quarter?
**********
Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???
Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?
Between Oct2009 to Dec2009 (1st quarter):
1. How many total employment visas (is it be 140,000/4) are available per quarter?
2. How many total EB1+EB2Row pending applications?
3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?
So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".
This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:
Thanks.
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santb1975
06-09 02:41 PM
^^^
more...
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eagerr2i
11-06 12:21 AM
Dear Jimi,
I am here in Los Angeles County in the city of Pasadena. It would be really nice if we could organize the So Cal Chapter and coordinate our " meet the lawmakers type meetings in the LA/San Diego area.
Thanks for taking the lead on this one. I will ask others that I know in LA to join this capter as well.
Thanks.
AS
I am here in Los Angeles County in the city of Pasadena. It would be really nice if we could organize the So Cal Chapter and coordinate our " meet the lawmakers type meetings in the LA/San Diego area.
Thanks for taking the lead on this one. I will ask others that I know in LA to join this capter as well.
Thanks.
AS
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GCNirvana007
09-17 06:21 AM
Looks like IL is the place to get the license. No questions asked and you will get 5 years. I just had my license renewed for 5 years in Aug 2008 by mail even though my H1 expires in Oct 2009.
No questions asked - 6 yrs in CT. Now fetch that. :p
No questions asked - 6 yrs in CT. Now fetch that. :p
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senk1s
09-25 08:28 PM
i think AC21 doesnt impose a limit on the number of hops ...
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minimalist
08-18 02:20 PM
Please continue to post your comments on the letter - the sooner we can all agree upon the content, the sooner we can start sending these out.
Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.
Can't we request this info under Freedom of Information Act?
Also, is there a possibility of having a common meeting (all retrogressed EB3 candidates) with Congresswoman Zoe Lofgren expressing our situation - just a thought.
Can't we request this info under Freedom of Information Act?
more...
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logiclife
07-06 12:13 PM
I have changed the thread title.
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mhathi
09-10 05:04 PM
Just contributed $100 towards the rally! Me and my wife are grateful to IV for their leadership on this issue. GO IV GO!
Mhathi.
Mhathi.
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Macaca
10-01 10:00 AM
As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.
Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.
Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.
Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.
The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345
Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)
qplearn
12-18 04:04 PM
all i can say is lets hope that this time next year we are still not debating about this.
if lobbying alone works and gets our job doen thats fantastic. then there is no reason to do anything else. why even bother to get media attention, put up posters, have state chapters, etc?
agree. lobbying alone is not gonna work. we need some brainstorming....
if lobbying alone works and gets our job doen thats fantastic. then there is no reason to do anything else. why even bother to get media attention, put up posters, have state chapters, etc?
agree. lobbying alone is not gonna work. we need some brainstorming....
susie
07-15 11:32 AM
2 0f 2
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
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