immm
07-18 06:00 PM
I have not received the physical receipt notice yet. But the online case status says "On July 11, 2007, we received this I485 APPLICATION" even though it was physically delivered and signed at Nebraska Service center on June, 15th. I will post once I get the physical copy of receipt notice to update every one.
May be some others that have already received the physical copy of receipt notices can clarify the difference between the receipt date on the notice vs. the online status that says ""On July 11, 2007, we received..."
UPDATE: shreekhand's post above from moments ago seems to have answered this question.
What does it say on your I485 receipt notice?
For example.. my app was mailed on 5/31 and RD on receipt notice is 6/4 and Notice date is 6/6 and Online case status says received on 6/5. I assume 6/5 is when USCIS created an entry for my case and 6/6 (my checks were also cashed on 6/6) is when receipt notice is actually generated. Some one correct me if I am wrong.
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
May be some others that have already received the physical copy of receipt notices can clarify the difference between the receipt date on the notice vs. the online status that says ""On July 11, 2007, we received..."
UPDATE: shreekhand's post above from moments ago seems to have answered this question.
What does it say on your I485 receipt notice?
For example.. my app was mailed on 5/31 and RD on receipt notice is 6/4 and Notice date is 6/6 and Online case status says received on 6/5. I assume 6/5 is when USCIS created an entry for my case and 6/6 (my checks were also cashed on 6/6) is when receipt notice is actually generated. Some one correct me if I am wrong.
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
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mpadapa
06-24 02:35 PM
RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.
America stands to loose in many ways. Here is why..
A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.
Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
This leads to reverse-brain drain phenomena who's effects to the economy are well documented.
Here is couple of NFAP study about
The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Driving Jobs and innovation offshore:
http://www.nfap.com/pdf/071206study.pdf
Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.
Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.
EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
America stands to loose in many ways. Here is why..
A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.
Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
This leads to reverse-brain drain phenomena who's effects to the economy are well documented.
Here is couple of NFAP study about
The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Driving Jobs and innovation offshore:
http://www.nfap.com/pdf/071206study.pdf
Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.
Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.
EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
ronhira
05-06 12:58 PM
just found this online ni one of the articles
Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.
Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.
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gc28262
08-12 01:22 PM
My wife works in a company where a good number of IT folks are staffed by INFY. The poor quality of work made the company think about not extending INFY's contract. But then it came out in the open that there was no documentation on how the applications were built, etc. INFY got wind of this, and now they have positioned themselves in the organization where without them, this company's IT would collapse.
There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.
This is more of the client company's fault than Infys. It is upto the client to demand documentation for all the stuff Infy does. Infy will happily do that.
I used to work for an Indian IT firm in India in 1998 where our client was a major corporation here. The client used to demand so much documentation and follow stringent procedures that we were spending most of our time in documenting and following the procedures than doing the real work. This company did this happily without complaining. Client made sure that no company can hijack them.
So it is more of a management issue at client company in this case.
BTW many employees use this technique for their job security.
There are many such stories of outsourcing firms that are holding client companies hostage. Though I do not agree with the bill, I think the bill brings back some ethics into play. Especially the L1 loophole.
This is more of the client company's fault than Infys. It is upto the client to demand documentation for all the stuff Infy does. Infy will happily do that.
I used to work for an Indian IT firm in India in 1998 where our client was a major corporation here. The client used to demand so much documentation and follow stringent procedures that we were spending most of our time in documenting and following the procedures than doing the real work. This company did this happily without complaining. Client made sure that no company can hijack them.
So it is more of a management issue at client company in this case.
BTW many employees use this technique for their job security.
more...
Green.Tech
06-09 06:34 PM
This thread falls off the radar so quickly and other threads with EAD, AP, H-1B etc. keep popping up every second. I know all those things are important as well but if you pause and think about the big picture, this funding drive is very important as well. So, please buck up and contribute! :)
ujjwal_p
09-10 06:55 PM
This will depend on two factors
Demand from EB1 and EB2-ROW
USCIS allocation strategy (Quarterly spillover or year end spillover)
From historic data I have seen some 15-25k visa spillover to EB2/EB3 India-China, this number varies based on demand of various EB categories each year.
With H-1B cap coming down in 2004 to 65000, demand should go down by a decent margin post 2004, since its the H-1B's which will lead up to the EB queue.
By the way Sachug/vdlrao, do we know if this will be yearly or quarterly spillover. If it is year end, what does this mean? September or July(beginning of last quarter)? And I am sure there is documentation about this new horizontal spillover method from USCIS, but I can't seem to find it. Could someone point me to that. Thanks!
Demand from EB1 and EB2-ROW
USCIS allocation strategy (Quarterly spillover or year end spillover)
From historic data I have seen some 15-25k visa spillover to EB2/EB3 India-China, this number varies based on demand of various EB categories each year.
With H-1B cap coming down in 2004 to 65000, demand should go down by a decent margin post 2004, since its the H-1B's which will lead up to the EB queue.
By the way Sachug/vdlrao, do we know if this will be yearly or quarterly spillover. If it is year end, what does this mean? September or July(beginning of last quarter)? And I am sure there is documentation about this new horizontal spillover method from USCIS, but I can't seem to find it. Could someone point me to that. Thanks!
more...
swo
07-23 10:58 AM
Show me the law that says they MUST use 140,000. Sadly, I think you're wrong.
Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
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Green.Tech
06-22 08:18 PM
...where art thou'?:)
more...
champak3
06-16 10:42 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)
====================
First there was celebration by Atlanta center people and BEC people when visa fiasco happened. They rejoiced that since they cannot file I485, others should not be able to do so too as if this is some divine justice. When this was not sick enough, threads started blaming IV not caring for its members. (BTW this thread is started by a member who is anonymous and has been a known heckler and has posted offensive messages about IV in the past). Then there are emails being sent.
If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.
If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.
If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.
- Pappu
====================
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)
====================
First there was celebration by Atlanta center people and BEC people when visa fiasco happened. They rejoiced that since they cannot file I485, others should not be able to do so too as if this is some divine justice. When this was not sick enough, threads started blaming IV not caring for its members. (BTW this thread is started by a member who is anonymous and has been a known heckler and has posted offensive messages about IV in the past). Then there are emails being sent.
If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.
If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.
If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.
- Pappu
====================
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jelo
05-14 01:26 PM
When your employer filed for revocation of I-140, on 02/03/2009 the officer might have performed an action of disapproval instead of revoke and also the date of action not updated (and you got the soft LUD not hard).
This will let the current officer to see as disapproved on 09/04/2007 ?. Just a thought.
This will let the current officer to see as disapproved on 09/04/2007 ?. Just a thought.
more...
mohanty99
07-18 10:56 PM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
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Jelena
07-18 08:23 PM
Contributed 100$. Thanks, IV!
more...
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ashutrip
06-22 11:18 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
what is your PD?
what is your PD?
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Green.Tech
06-19 10:11 AM
Contributions have been trickling everyday. 1 or 2 contributors per day for an organization that has 30,000 members.
Come on folks, get inspired and contribute!
Still looking for HEROES to get us to $20k.
Come on folks, get inspired and contribute!
Still looking for HEROES to get us to $20k.
more...
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TO BE OR NO TO BE
10-18 04:07 PM
Here are some facts:
My I-140 was approved in April 2007 and I-485 was filed in August 2007. My H-1B expired on October 14, 2010 and my employer filed (using an attorney) for an extension last month. I have original H-1B filing receipt and copy for I-485 with me. I also had EAD which was scheduled to expire on October 15, 2010 and I filed myself for renewal of EAD and AP.
I lost my driving license with my wallet yesterday.
I checked NJ DMV website and in their 6 point ID verification they accept EAD and valid I-94 (which comes with H-1B approval, but I don't have either on me right now). Does anyone know what is the process in NJ. Do they accept filing receipts as valid document?
Without license I can't drive and go to work.
Any recent experience? I would really appreciate an answer.
Thank you
My I-140 was approved in April 2007 and I-485 was filed in August 2007. My H-1B expired on October 14, 2010 and my employer filed (using an attorney) for an extension last month. I have original H-1B filing receipt and copy for I-485 with me. I also had EAD which was scheduled to expire on October 15, 2010 and I filed myself for renewal of EAD and AP.
I lost my driving license with my wallet yesterday.
I checked NJ DMV website and in their 6 point ID verification they accept EAD and valid I-94 (which comes with H-1B approval, but I don't have either on me right now). Does anyone know what is the process in NJ. Do they accept filing receipts as valid document?
Without license I can't drive and go to work.
Any recent experience? I would really appreciate an answer.
Thank you
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scorion
12-28 03:08 PM
We applied on 8th Aug for AP; Got receipts with receipt date of 13th Sep from NSC. I got my AP approved on 14th Nov. but we are waiting on My wife's AP since. Haven't received it.
So we are planning to get our H1/H4 stamped and travel without AP. My Lawyer thinks it shouldn't be a problem
Thanks
So we are planning to get our H1/H4 stamped and travel without AP. My Lawyer thinks it shouldn't be a problem
Thanks
more...
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sdrblr
03-03 01:41 PM
what you guys think.
Will this economy slow down and people returing back to there motherland have any effects on PD?
How many of the returning people would call USCIS to cancel their 485s? I see almost zero.
Will this economy slow down and people returing back to there motherland have any effects on PD?
How many of the returning people would call USCIS to cancel their 485s? I see almost zero.
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purgan
08-17 11:29 PM
grupak/mirage/pani6
i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.
I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.
i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.
I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
rajeshalex
09-10 09:40 AM
This is really a bad news especially for those whose PD is between 2004-2005.Its like those who are waiting for a long time are being asked to wait more!!
UKannan
03-03 04:37 PM
Everyone feel like giving up but none of us give up :)
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