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  • se_vnt3
    02-27 03:55 PM
    My husband and son are being discriminated against for having an Alien wife and mother.

    If an Alien deported with drug-related offences of more than 30 grams of Marijuana, like me, solicits a Non-Immigrant Visa to visit in the U.S. at the same time my husband or son solicit an Immigrant Visa for me to remain in the U.S. with them, the Alien will be granted her Non-Immigrant Visa and my husband�s or my son�s request will never be acknowledged.

    This is our story: Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we�ve based our lives on � the American way, has no merit.

    I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn�t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug-related offence of more than 30 grams of Marijuana. It�s Immigration law�s contradicting policies which I find disturbing.

    U.S. Immigration is concerned with their citizens� welfare but it is denying my husband�s and my son�s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family�s side. That�s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country�s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son�s and husband�s choice to overlook my shortcomings and begin our lives over together again.

    The 212(d)(3) Waiver allows a visitor�s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn�t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug-related offence of more than 30 grams of Marijuana. Not only are my son�s and my husband�s needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

    How much more is the United States citizens� welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn�t all United States citizens� needs and rights within and from their country � such as my husband�s and my son�s, come before any Alien�s need or right to receive admission into the U.S., including my own? Also, shouldn�t Family-Based Immigration take first place over �Alien travel� for any reason?

    I regret to say it�s these types of injustices with devastating consequences to the recipient�s and his/her immediate relatives� personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty toward the U.S. and unpopularity of the U.S. among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS�s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S..

    I�m afraid to imagine how many individuals involved in cases like my family�s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I�ve had to believe there�s a glitch somewhere in immigration law caused by simple human error. I can�t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.

    We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America.

    My husband and son believe a Waiver should be available to me and I believe their Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. My needs are being placed before their own. I am not able to immigrate to the U.S. because immigration law doesn�t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn�t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. I couldn�t live with myself if I don�t speak out, they�re attempting to do the same for me. We don�t want to cause any problems, we just want to move on with our lives.





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  • chanduv23
    03-21 08:50 PM
    Hi....already joined the list under the name abose_98, NYC

    Great, lets keep mobilizing , please promote the group..
    lets add contact information
    here Contact Info (http://groups.yahoo.com/group/immigrationvoiceny/database)





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  • globaldesi
    04-21 08:12 PM
    I wanted to send message also.Do you recommend giving original deatils on the form when sending message to white house and senators.

    Thanks
    I just provided a legit email address and name....you don't have to provide address and phone number.





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  • sanjay
    10-21 02:28 PM
    People are free to post their opinions and so are free to give red dots, but what's annoying is the comments they post with red dots. I got these some time back.

    what about ur future wives?
    Khali pili kaiko bolta hai !!!
    sham ko daru pine ka aur tight rehne ka....
    Tension mat le bapu etc etc.
    List goes on.

    My friend was also forum member and he got some nasty comments with F*** words in it and now he tries to keep himself away from this forum as much as possible.



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  • kartikiran
    11-03 09:19 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.





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  • ireddy
    08-22 01:58 PM
    They worked enough for this year and they have lot to do. According to my guess they have the following pending work.

    1. Issue Receipts (Sep/October)
    2. Issue EAD cards for approx 300,000 applicants? (October/November/December)
    3. Issues AP for 300,000 (October/November/December)


    On top of this they need to celebrate thanksgiving and christmas like every citizen. So don't expect too much from them for this year.

    If at all there is some momement in EB numbers, that will happen only between Jan-March(before H1-B madness starts).

    Good luck !

    I think you missed a new one (in news today)
    - Issue new Green Cards for 750,000 (cards without expiration dates have to be replaced)



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  • sats123
    06-19 10:38 PM
    What is EVL, is it experience letter.





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  • meg_z
    04-03 08:04 AM
    At least I think I did.



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  • nrk
    11-04 10:06 PM
    I believe pre adjudicated means, most of the processing is done, and waiting for the visa number availability.

    Nothing will happen for you on the info pass, hopefully you will come back with a good news.

    please update us after the info pass.

    Also if you could update your profile (priority date etc) it would be good for the people who are following this thread.


    Thakyou Nrk,
    what do u mean by preadjudicated?
    I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
    Hope all goes well.
    U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.

    Thnx again.SB





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  • drona
    08-28 06:00 PM
    I have sent you a PM.



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  • laborday
    07-17 09:41 AM
    AHAH I'm sorry, I didn't mean to sound like a bully. I refreshed and it still says June though :confused:
    This is what I see:

    "U.S. Citizenship and Immigration Services
    Nebraska Service Center Service Center Processing Dates
    Posted July 16, 2007 "





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  • arung
    08-25 12:42 PM
    I have received my EAD card today with 2 years , I verified case status online, it is still says pending, where as I did not received AP but , status say's Document mails on Aug 21st. Has anyone had same situation, is there any need to call to fix it. I have dropped a mail to my lawyer as well.



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  • yash04
    08-01 11:57 AM
    I'm waiting for it too..RN from TSC - mine was recieved by 9.55 am and signed by some dude...who's was your's signed by?





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  • sangmami
    07-02 03:45 PM
    app 5500 dollars plus 10 yrs off my total lifespan thinking about this i guess:(



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  • mygoodluck
    08-13 04:11 PM
    Just wanted to see how many duplicate application USCIS will get this week.

    My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.





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  • kevin08
    04-19 10:09 PM
    Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...

    good effort and a superb reply



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  • gc_chahiye
    01-04 11:53 AM
    The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.

    once he gets his GC (until he becomes a citizen) getting the 2nd wife over iis going to take too long, as its in FB quota, not EB. Thats one reason why many unmarried folks did not file their I-485 in July/August. If their 485 is approved before their marriage, then bringing the spouse over is real tough.





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  • eilsoe
    02-03 05:25 AM
    that smilie says it all :P





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  • tabletpc
    09-24 09:23 AM
    YOu can surrender your GC letting know the USCICS that, it got approved when the PD was not current. I had read this on murthy.com. Browse the website to learn more about it or contact murthy.com attorney's.

    How am I so sure...?? Even I am one amoung them praying for 485 not getting approved untill I get married. My PD is 2006, so I guess I don't have to worry too much.


    Hi Suresh,


    I'm in the same situation as you are in.. Can you please let me know which option did you choose?..

    Thanks in advance.





    paskal
    06-24 03:58 PM
    I was wondering if update is only available through state chapter? If so we are in blackhole,,, as many of us are not members of state chapter..

    Or if we have more action items to act on apart from calling reps..chc and lamar smith ?

    Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)


    there is only one action item right now and it is on the forum.
    the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
    state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.

    anyway there is no fresh update currently.





    Berkeleybee
    04-10 06:55 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.

    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.



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