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matreen

10-14 09:11 PM

So I am in some real mess ....

I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

Now my wife and I have reconciled and I want to bring her to US.

Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

Please help , I am very desperate.

So I am in some real mess ....

I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

Now my wife and I have reconciled and I want to bring her to US.

Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

Please help , I am very desperate.

So I am in some real mess ....

I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

Now my wife and I have reconciled and I want to bring her to US.

Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

Please help , I am very desperate.

Get her on student visa immediatley until you figure out a way with good attorney's.

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dupedinjuly

07-05 01:16 AM

Hi Miriam,

I appreciate your efforts in highlighting this issue. It is a high stakes issue for would be future americans who respect the law, abide by it and wait patiently for their turn in line to apply for
green card, while maintaining legal non-immigrant working status during years of wait, paying taxes and contributing to social security. I would also like to highlight that in H1B status if one loses the job, he or she needs to leave the country in 10 days.
I am glad you are bringing the issue of legal immigration to light. After all, thats what everybody wants, immigration to be orderly and legal, but is it workable ? and why people trying to follow the law feel cheated and duped by the government, after waiting patiently for years and abiding to
the laws.
The Dept of State and Dept of Homeland Security(USCIS) acted against the interests of immigrants who are trying to immigrate legally. Legal immigration is the real issue. If it works, there
will not be a need to grant amnesty to millons of illegal alilens. The real solution to stop
illegal immigration is to make legal immigration work. Unfortunately, the government is going
in the opposite direction as evident by the actions of DOS and DOHS on July 2, 2007.
Is government sending the message to people trying to follow the law that, Following the law is
going to get tougher, just break it, become illegal aliens and we are working on an amnesty.
I would request you to get to the bottom of this and find out whether right procedures and laws were followed in using the visa numbers ? If not, then the conclusion is, government of United States failed in respecting and following its own laws. Is it not a travesty, that law breakers are
probably going to be rewarded with an amnesty and govenment is not respecting them either ?
We are resepecting it, following it and are getting the door slammed on us. I never thought, I
would see this in America. My impression of America has changed, forever.

Regards,
( Priority Date Dec 16,2003 , EB3 India
Applied for I-485 Adjustment of Status on June 30
Application Reached USCIS-Nebraska at 10:25 am on July 2. )

I have already written to her asking for more reports in this matter. Here is the email I sent her:

Hello Ms. Miriam:

As a long time subscriber to the WSJ and one of the victims of the "bait and switch" by the USCIS and Department of State, I would like to thank you for covering the article in the WSJ. I would like to kindly direct your attention to the stand taken by AILA (American Immigration Lawyers Assoc.) and Immigration Voice (a non profit organization representing skilled immigrants). I feel it is necessary that the impact and the behind the scenes maneuvering at DOS be covered by a respectable publication such as the WSJ. May I point you to some of the links on the internet. Some are yet-unverified rumors. I hope that you will use your journalistic discretion and power to bring more light to this issue

http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 -- Congresswoman Lofgren's response
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html Mr. Siskind is a respected lawyer in the immigration field.
http://www.aila.org/ -- AILA website and potential class action lawsuit against USCIS

Sincerely

Kalyan.

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walking_dude

11-19 11:30 AM

Irrespective of what Ron Gotcher or anyone says, the matter is left to the discretion of the adjudicating IO. One IO may be okay with even 50%-70% hike, while another may start frothing at the mouth for anything over 30%.

I remember the time of July VB fiasco so many members posted here that my hotshot attorney has told me DOS cannot retract the VB in the middle of the month. And guess what, they did it twice! Point of the matter is AC21 ( at least in theory) is decided based on the famous and widely read Aytes and Yates memos. And these guidelines give the IO the descretion to decide 'same or similar job', if there is a major difference in salary. In case IO decides to reject the case the applicant has to do MTR and/or appeal in the court.

It all boils down to one thing EAD + AC21 is not poor man's GC. It's just an illusion which is losing it's shine with each day. If you are worried about a hike now, have you considered the future. Will you continue to work with same level of salary 5-6 years from now?

We need to work to get the real thing fast.

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solaris27

09-06 12:27 PM

you can file EAD and AP yourself if you have recipt no for your 485 application.

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vvr_rao

09-01 11:21 AM

You can contact your local Senator's office. They proved very helpful in my case. (I got my EAD within a week of contacting them)

One thing I noticed was that when I contacted them about my EAD renewal delay, they also followed up on my pending GC app. and sent me a letter saying that the date wasn't current. I guess in your case they might prod USCIS to process your GC quicker...

...anyway... best of luck with both apps. Hope you get them soon

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meridiani.planum

04-17 01:32 PM

I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!

receipt Number: SRC07******

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

congrats!!!!!!!!!
BTW did you have any LUD before this, or straightaway approval was the first update?

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arnab221

04-14 05:55 PM

Immigration: 'Birth Tourism' Industry Markets U.S. Citizenship Abroad - ABC News (http://abcnews.go.com/Politics/birth-tourism-industry-markets-us-citizenship-abroad/story?id=10359956&partner=yahoo)

A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children
More Foreign Mothers Live Abroad to Give Birth on U.S. Soil, Debate Over 14th Amendment

Millions of foreign tourists visit the United States every year, and a growing number return home with a brand new U.S. citizen in tow. housands of legal immigrants, who do not permanently reside in the United States but give birth here, have given their children the gift of citizenship, which the U.S. grants to anyone born on its soil.

The number of U.S. births to non-resident mothers rose 53 percent between 2000 and 2006, according to the most recent data from the National Center for Health Statistics. Total births rose 5 percent in the same period.

Among the foreigners who have given birth here, including international travelers passing through and foreign students studying at U.S. universities, are "birth tourists," women who travel to the United States with the explicit purpose of obtaining citizenship for their child.

Catering to the women is a nascent industry of travel agencies and hotel chains seeking to profit from the business. The Marmara Manhattan, a Turkish-owned luxury hotel on New York's City Upper East Side, markets birth tourism packages to expectant mothers abroad, luring more than a dozen pregnant guests and their families to the United States to give birth last year alone.

"What we offer is simply a one-bedroom suite accommodation for $7,750, plus taxes, for a month, with airport transfer, baby cradle and a gift set for the mother," Marmara Hotel spokeswoman Alexandra Ballantine said.

The hotel estimates the total cost of the package at $45,000.

Most women stay for two months, Ballantine said, and they make medical arrangements on their own. "Guests arrange and pay for these by themselves," she said of hospital costs that can approach $30,000.

For those with the means to pay, it's a small price to give a child the full benefits of U.S. citizenship, including the ability to travel freely to and from the United States, easy access to a U.S. education and a chance to start a life here.

"We found a company on the Internet and decided to go to Austin [Texas] for our child's birth," Turkish mother Selin Burcuoglu told Istanbul's Hurriyet Daily News. "I don't want [my daughter] to deal with visa issues. American citizenship has so many advantages."

The greatest of those advantages may be the ability of the citizen child to later sponsor the legal immigration of his or her entire family permanently to this country, experts say.

The "birth tourism" industry, which is difficult to track and remains largely anecdotal, has been on the rise for years, according to government and participants reports. Of the 4,273,225 live births in the United States in 2006, the most recent data gathered by the National Center for Health Statistics, 7,670 were children born to mothers who said they do not live here.

Many, but not all, of those mothers could be "birth tourists," experts say, although it is difficult to know for sure. The government does not track the reasons non-resident mothers are in the United States at the time of the birth or their citizenship, meaning births to illegal immigrants who live in the United States are counted in the overall total.

In recent years, many women have come from Mexico, South Korea, China and Taiwan, but the trend now extends to countries in Eastern Europe, such as Turkey, where as many as 12,000 children were born in the United States to Turkish parents since 2003 by one estimate.

The business of birth tourism is perfectly legal as long as immigrants are able to pay their own way.

The State Department and Department of Homeland Security have no specific regulations banning pregnant foreigners from entering the United States. But officials say they can and do turn away pregnant women with obvious designs on coming to the United States to take advantage of free medical care. "When determining if an individual will be allowed to enter the U.S., Customs and Border Protection officers take into consideration the date the child is due for delivery and the length of time the individual intends to stay in the U.S.," a Department of Homeland Security spokesman said.

Still, critics say the practice largely goes unchecked and exploits the true meaning of the 14th Amendment to the U.S. Constitution, enacted after the Civil War to grant citizenship to descendants of slaves.

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," the amendment reads.

"It's really an incorrect interpretation of the 14th Amendment," said Jerome Corsi, a conservative author and columnist who has studied the issue of birth tourism. "Birthright citizenship is a loophole � [and] as it expands into a business for entrepreneurs in foreign countries who offer birth tourism packages, it markets the loophole to attract additional mothers to the U.S."

Lino Graglia of the University of Texas law school wrote in the Jan. 11 Texas Review of Law & Politics that the authors of the 14th Amendment never would have imagined their words bestowing citizenship to illegal or visiting immigrants.

"It is difficult to imagine a more irrational and self-defeating legal system than one which makes unauthorized entry into this country a criminal offense and simultaneously provides perhaps the greatest possible inducement to illegal entry," Graglia wrote of birthright citizenship. The Supreme Court has only addressed the issue once, ruling in 1898 that citizenship applies to U.S.-born children of legal immigrants who have yet to become citizens.

Some legislators, including U.S. Rep. Gary Miller, R-Calif., have called for revising the Constitution to forbid citizenship by birth alone and thereby end the attraction of birth tourists. But other politicos, from both sides of the aisle, say such an approach is politically unrealistic, not to mention unnecessary. "You just turn people down for being pregnant," said Mark Krikorian of the Center for Immigration Studies. "That should be the default position and then there'd have to be some very good reason for an exception."

Krikorian acknowledged that some people might find a ban on pregnant visitors "outrageous," but questions the rationality of the alternative.

"Do you really think that's right that somebody here visiting Disneyland should have their children be U.S. citizens, which they'll then inevitably use to get access to the U.S.?" he asked.

Krikorian and others call the offspring of birth tourists "anchor babies," because they can serve as a foothold for future legal immigration of an entire family.

Ali Noorani, executive director of the National Immigration Forum, said he sees the debate about birth tourists in a different light, however, noting that arguments about citizenship of children ignore a fundamental question of humanity.

"If we're a country that cares about families and family values, then why are we blaming the children for a decision the parents made. Their only decision was to take a first breath," he said.

"What is the State Department going to do? To fill out a visa application have a woman pee on a stick?"

The United States is one of the few remaining countries to grant citizenship to all children born on its soil. The United Kingdom, Ireland, India and Australia, among others, have since revised their birthright laws, no longer allowing every child born on their soil to get citizenship.

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indianindian2006

07-01 05:02 PM

I joined in late but would love to hear how the live radio show on immmigration transpired.

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eb3India

10-03 07:38 PM

I have two passports one with H4 Visa stamped and another Surname changed. While entering US, I have used my name as in the Visa (new surname) in the I-94 card.

I have applied for H1B with new surname in this May and change of Status with that I-94.
During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)

Now I got H1 approval and COS approval with my middle name taken as first name and new surname.

1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
2) First name and middle name are interchanged in the passport and H1 approval.
Is this going to create any problem while applying SSN? What are the possible consequences..

Also, any similar scenarios, plz respond..


oh boy this really tikkles my funny bone,

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kumar1

05-27 10:44 AM

Just to add -

If customer is from India/China/Mexico then they will receive the product in 10 years. Rest all can get it in 3/4 years.

If customer uses Master Card (EB-1) then they get it in 6 months, Discover (EB-2) in 1 year. Rest all will wait for a long time.


Their order goes in pending queue, if they do not receive the product within 1 year then they have to renew the order and customer will pay for this renewal.

9 YEARS AND COUNTING.........................

Users comments for the above post that I got. Now, why should I come here for HUMOR.
May be guys down there can give me answer who posted these comments for me.

- > YOU ARE THE COMEDY FOR NOT GETTIN HUMOR, NOW KEEP BURNING LAMP

- > DON'T BE A NERD, LEARN TO LAUGH, US IS ABOUT COMEDY

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chanduv23

03-16 01:38 PM

well - for the antis - the ONLY post they liked seems to be "pack your bags and go home". Lets not try to force ourselves to satisfy them.

Now, when it comes to out of status issues - lot of people do genuinely fall out of status. There is nothing called exploiting the loophole unless someone breaks the laws.

It is obvious that one must not be on bench, or after layoff without a job. There is no room for loopholes.

We have always seen that USCIS does treat every petition for renewal on a case to case basis. Grace period (considerable) has been considered for genuine cases.

Infighting is common - it happens everywhere. People seldom change.

See - IV is not something like a freedom movement or asking for rights for poor or downtrodden - IV is basically a group of immigrants who are skilled and well educated who want to lobby for a change in system and sort issues. Everyone here has their own selfish motive and that's why this infighting among eb2 vs eb3 , MS vs BS, India vs ROW et al......

So lets not worry too much because antis paint all of us together because of actions of some people. If people realize and change - well it is good for all - otherwise - "we cannot make the horse drink water .." you know what I mean

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hopefulgc

08-13 11:25 PM

wonder why i earned the red mark??
is it too wrong to speak our voice????

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roseball

03-29 03:57 PM

Hi Guys,

I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.

He ask me that what could be the best way to avoid this fees , some of the option that we thought about,

1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?

2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer

3)If US client utilize remit2india, ICICI to transfer money which I highly doubt

I appriciate your responce on this.

If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.

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gcgamble

08-29 08:25 AM

I got renewed my passport couple of months back in DC . we need a standard passport size photos and got the new one on the same day.

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sands_14

04-07 12:24 PM

All we can do is request and lobby.If senate feels right,they can pass a legislation.We can ask and lobby for it at least.

As it turns out,even EAD is not helpful as it has several issues which dont give you the total independence to do what you intend to.

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isedkeem

01-30 11:23 PM

I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.

Hi All,

I would really appreciate everyone's honest opinions on this matter.

We filed 140 and 485 concurrently in July 2007, EB3. As of now there is no word on either application. Previously we had also obtained Canadian PR, the 3 year grace period of which will expire this August.

Not only am I faced with a decision of staying in the US or going to Canada, but my future career is on the line too. This year I will be 23. After taking my undergrad degree in electrical engineering, I have been accepted into Boston University Law School in the US as well as the University of British Columbia Faculty of Law in Canada. Canadian lawyers make around half as much as American ones after all factors are considered.

In your opinion, should I stay in the US, going to law school, in hopes that the green card will come through, or should I pursue a new life in Canada, but take the lower future salary / international renown?

This issue is currently causing much discord in my family. I hope to hear your frank opinion so that I won't take my decision lightly.

Many Thanks! :)

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bestin

10-09 04:09 PM

This month end my I-94 will be expiring and 2 months back I have changed my passport to a new one as it was expiring. I have renewed my H1 recently(15 days back) with the H1 extension I received new I-94, would that be sufficient or I have to go out and come in again for a new one

Thats sufficient.

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narendra_modi

04-21 01:29 PM

I am saying why not GC for MDs & Dentist along with PhDs...They are not less qualified than PhDs. please lets discuss and help those doctors suffering many years due to all this J1/H1 b**l s**t ...


This will be a common thread for all doctoral candidates interested in amending the current language in the PACE bill to 1/ include current PhD graduates; and 2/ life science graduates. Please post your suggestions and opinions here.

You can check out this thread for more details of PACE and the amendments we are suggesting:
http://immigrationvoice.org/forum/showthread.php?t=151

Pls use the material from the letter attached there in your letters to senators and congressmen.

Please take part actively in this and help make sure these amendments are incorporated into the final version of PACE.

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vdesai_8

03-31 11:40 AM

Very well written letter. However If you agree here is something I feel should be updated.

old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."


New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."


Thanks.

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2006LC

08-26 09:47 PM

yes i paid full amount

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gjoe

08-14 09:11 AM

I don't see a reason why you want to campaign, is it just because this months visa bulletin didn't make you happy?
Sending flowers and telling USCIS how to fix their issues will not help. We must stop and think first before we ask them to do this and than.

Good to see the count already three (here) in just 30 min of posting this idea (IV's one of the peaceful ways). So I am sure there will be huge response. Please spread this message as much as you can, and see if we can gather a good #.
ALSO we will have to wait for IV Admin to approve this, as I am just a junior member and dont have that capacity. WE MUSt start one more campaign.

Please spread this among your friends and make a difference. On this INdependence eve, lets work in the same lines as those great people did. We may like one leader or we may not like due to their approaches. But one most common thing you will see in all is UNity in what they did and strength came from there. What we are asking isnt that big a deal to fix. Simple admin fix

Sri..
EB3 PD 02/04
EAD/AP/... 07/07
485 pending....forever ..
NOPE.. It shoudlnt be forever.. WE WILL fix this. We WILL try to fix this by a peaceful campaign in 2 weeks if possible. But WE is impo.

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