drona
07-10 10:27 PM
Well done Dilip Tekkedil! Your quote in the Washington Post article was too good!
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
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SunnySurya
08-07 04:12 PM
Who said that those 10 guys are committing fraud. They are going by the books, which allow them to file GC for future employment. Even from the employer standpoint, you cannot prove that any fraud has been committed.
Why don't you just ask those 10 guys you know are comitting fraud ( by not joining the desi consulting companies and trying to workaround etc ) which company\companies they are working with and then file a complaint with DOL about them. I am sure DOL would surely look into their workings and will very very surely find out that they are doing something illegal in other things ( even if this is not one of them ). Those companies will get blacklisted and will set an example for other companies.
But I don't think you should stop anyone who is doing it legitimately. If one qualifies for EB2 and has been in the queue for a long time he has the right to do it.
Why don't you just ask those 10 guys you know are comitting fraud ( by not joining the desi consulting companies and trying to workaround etc ) which company\companies they are working with and then file a complaint with DOL about them. I am sure DOL would surely look into their workings and will very very surely find out that they are doing something illegal in other things ( even if this is not one of them ). Those companies will get blacklisted and will set an example for other companies.
But I don't think you should stop anyone who is doing it legitimately. If one qualifies for EB2 and has been in the queue for a long time he has the right to do it.
Lisap
09-11 10:59 PM
Collected from some other forum . Just google search your name combinations ( within quotes ).
For eg. if you have FirstName MiddleName LastName .
The search should be ( put within quotes )
"FirstName MiddleName"
"FirstName LastName"
"MiddleName LastName"
and all the reverse combinations.
If you get hits in 100s or 1000s , yeah you can wait 2 -3 years.
This is observed from the names of Indians.
well this is great news there were no hits for my husbands name and only 1 hit for my name! Hopefully we will be ok and not get stuck in name checks then! Thank you for your response!
For eg. if you have FirstName MiddleName LastName .
The search should be ( put within quotes )
"FirstName MiddleName"
"FirstName LastName"
"MiddleName LastName"
and all the reverse combinations.
If you get hits in 100s or 1000s , yeah you can wait 2 -3 years.
This is observed from the names of Indians.
well this is great news there were no hits for my husbands name and only 1 hit for my name! Hopefully we will be ok and not get stuck in name checks then! Thank you for your response!
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pd_recapturing
11-21 10:59 AM
IV core team is on top of it. I will update as soon as I hear something from them.
more...
roseball
03-31 11:23 PM
Hi,
I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?
Thanks,
Ramesh
You need to signup for monthly contributions to gain donor privileges.
I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?
Thanks,
Ramesh
You need to signup for monthly contributions to gain donor privileges.
DallasBlue
08-12 02:44 PM
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
Plaintiffs' Arguments
Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."
1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.
Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).
The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").
2) USCIS has a nondiscretionary duty to process applications and petitions.
USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."
3) There is no other remedy available to plaintiffs.
Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
Plaintiffs' Arguments
Plaintiffs have responded to USCIS with legal arguments summarized below. The case citations provide recent examples of cases where the courts have agreed with plaintiffs' arguments. For further discussion of the elements of a successful mandamus complaint, see AILF's Practice Advisory, "Mandamus Actions: Avoiding Dismissal and Proving the Case."
1) Plaintiffs have a clear right to have their adjustment applications and visa petitions adjudicated in a timely manner.
Plaintiffs maintain that the right to adjudication is derived from USCIS's mandatory duty to process the applications and the fact that plaintiffs are the intended beneficiaries of the applications. See 8 C.F.R. 245.2(a)(5)(i) (providing that the "applicant shall be notified of the decision of the director and, if the application is denied, the reasons for the denial"); Haidari v. Frazier, No. 06-3215, 2006 U.S. Dist. LEXIS 89177, *10 (D. Minn. 2006) (holding that 8 C.F.R. � 209.2 creates a nondiscretionary duty to adjudicate adjustment applications).
The plaintiffs' right to a timely adjudication, though not explicit in the regulation, is present in section 555(b) of the Administrative Procedure Act, which requires that "with due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it." See Haidari, 2006 U.S. Dist. LEXIS 89177 at *11. To determine if a delay is unreasonable, courts examine the reasons for delay. For example, they look to whether USCIS asked for the FBI name check in a timely manner and whether USCIS failed to timely process the applications before requesting the name check and after receiving the information from the FBI. See Haidari, 2006 U.S. Dist. LEXIS 89177 at *16-17; Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334, *13-14 (N.D. Cal. 2007) (reasoning that respondents failed to explain why it took two-and-a-half years to initiate a security check with the FBI, why no action was taken to follow up with the FBI until the mandamus suit was filed, and why it took so long to process plaintiff's initial fingerprints); Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076, *14 (N.D. Cal. 2006) ("[t]he FBI's delay in processing plaintiff's name check remains largely unexplained, and the remainder of defendants' arguments do not adequately excuse the delays plaintiff encountered.").
2) USCIS has a nondiscretionary duty to process applications and petitions.
USCIS has the discretion to grant or deny the application, but this does not bear on the nondiscretionary duty to make a decision on the application or petition. See Razaq v. Poulos, No. 06-2461, 2007 U.S. Dist. LEXIS 770, *9-10 (N.D. Cal. 2007) (reasoning that the fact that there is no specific deadline in the statute or regulation does not change the ministerial duty to process the application). In addition, INA � 242(a)(2)(B)(ii), 8 U.S.C. �1252(a)(2)(B)(ii), does not strip the court of jurisdiction to hear mandamus actions because no "decision or action" has taken place within the meaning of the statutory language. See Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *13-14 (D. Minn. 2006) (reasoning that because plaintiffs have neither been denied nor granted relief, � 242(a)(2)(B) does not bar jurisdiction); Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697, *6-7 (W.D. Pa. 2007) (finding that INA � 242(a)(2)(B) does not apply because the pace of the adjudication of applications is not the type of discretionary "action" contemplated by the statute). For more information and earlier case law addressing discretionary decisions after the REAL ID Act please see AILF Practice Advisory, "Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review."
3) There is no other remedy available to plaintiffs.
Plaintiffs also have argued that waiting for security checks to be completed is not an adequate remedy. The fact that plaintiffs are waiting is the exact harm plaintiffs are seeking to remedy. See Singh, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 at *23-24 (N.D. Cal. 2007) ("waiting for an agency to act cannot logically be an adequate alternative to an order compelling the agency to act. . .") (citations omitted); Haidari, No. 06-3215, 2006 U.S. Dist. LEXIS 89177 at *15 (D. Minn. 2006) (reasoning that waiting is not an adequate remedy because the question is whether plaintiffs have an adequate alternative remedy to the waiting itself).
more...
paskal
01-27 01:53 PM
The requirement for a transit visa to enter the UK is not a new requirement. They were introduced because a significant number of passengers decided to remain in the UK rather than simply transit.
Before they were introduced, passengers had the ability to remain in the UK for up to 24 hours, enter the UK, change airports etc (this is called TWOV or Transit Without Visa and still remains for applicable nationals).
The intent of the Transit Visa is to ensure that the passenger will be accepted by the third country.
There are still issues with passengers who hold transit visas with a stated intention of transitting the UK. Either they are not accepted by the transitting airline and are returned to the point of origin, or they simply claim "political assylum" when they land in the UK and then they become the responsibility of the British Government.
the previous transit visa was a reuqirement for those that wanted to leave the airport...hence the 24 hr period. i have no issue with that- just to clarify. i do appreciate what you point out - that people overstay.
the new avatar of the TV applies even to those that are simply changing gates- ie walking from one plane to another WITHOUT ever setting foot on UK soil. i know this because i have changed planes in LON in the past WITHOUT a transit visa. in some cases as the air india passengers have pointed out, you don't even change planes, you are offloaded and go through security, and then return to the same plane again...hey tell me why i should be harassed and pay 90 bucks X 3 for my family- not to mention traveling 300 miles because "personal appearance"s needed- just to climb back on the plane and continue a journey? how can i seek asylum or overstay without being on UK soil (the intl transit area in any airport before immigration is an intl zone) ?
as for the airline not accepting the passenger onwards, that is something all airlines determine at the point of departure these days, the americans do a pre screen at the airport to ensure no such hassles.
the previous version of the TV was perfectly fine, the current one, for me, is undue harassment, even if i have an AP i should go 300 miles to the nearest consulate to get one for the privilege of changing gates? sorry bud...don't see why. there are easier ways to go home, and if the ticket costs a 100 bucks more- hey that's just the TV fees anyway right?
Before they were introduced, passengers had the ability to remain in the UK for up to 24 hours, enter the UK, change airports etc (this is called TWOV or Transit Without Visa and still remains for applicable nationals).
The intent of the Transit Visa is to ensure that the passenger will be accepted by the third country.
There are still issues with passengers who hold transit visas with a stated intention of transitting the UK. Either they are not accepted by the transitting airline and are returned to the point of origin, or they simply claim "political assylum" when they land in the UK and then they become the responsibility of the British Government.
the previous transit visa was a reuqirement for those that wanted to leave the airport...hence the 24 hr period. i have no issue with that- just to clarify. i do appreciate what you point out - that people overstay.
the new avatar of the TV applies even to those that are simply changing gates- ie walking from one plane to another WITHOUT ever setting foot on UK soil. i know this because i have changed planes in LON in the past WITHOUT a transit visa. in some cases as the air india passengers have pointed out, you don't even change planes, you are offloaded and go through security, and then return to the same plane again...hey tell me why i should be harassed and pay 90 bucks X 3 for my family- not to mention traveling 300 miles because "personal appearance"s needed- just to climb back on the plane and continue a journey? how can i seek asylum or overstay without being on UK soil (the intl transit area in any airport before immigration is an intl zone) ?
as for the airline not accepting the passenger onwards, that is something all airlines determine at the point of departure these days, the americans do a pre screen at the airport to ensure no such hassles.
the previous version of the TV was perfectly fine, the current one, for me, is undue harassment, even if i have an AP i should go 300 miles to the nearest consulate to get one for the privilege of changing gates? sorry bud...don't see why. there are easier ways to go home, and if the ticket costs a 100 bucks more- hey that's just the TV fees anyway right?
2010 Maxim Hot 100: Rosie
Lasantha
05-17 10:25 AM
Hey Guys,
Can you please tell me in what form you get your advance parole (AP)? Is it like a Visa stamp on your passport or is it a temperory card like the EAD?
Thanks
Lasantha
Can you please tell me in what form you get your advance parole (AP)? Is it like a Visa stamp on your passport or is it a temperory card like the EAD?
Thanks
Lasantha
more...
Milind123
01-25 01:22 PM
The real message in this thread is that you should check what is required by the countries you intend to transit BEFORE you buy your ticket.
It seems to me that an individual should take responsibility for his own actions rather than trying to blame a particular country for a long established requirement for a transit visa.
Maybe you can help the Brits to add more questions to their Transit Visa form from 111 to 1011.
It seems to me that an individual should take responsibility for his own actions rather than trying to blame a particular country for a long established requirement for a transit visa.
Maybe you can help the Brits to add more questions to their Transit Visa form from 111 to 1011.
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sayantan76
01-24 08:56 PM
Indians do not need a visa to go to Hong Kong also and these days Singapore for those in transit (upto 96 hrs).
dont forget nepal and bhutan
dont forget nepal and bhutan
more...
gc_on_demand
09-09 02:37 PM
Good response from almost all . I didnot call Steve King and Lamar Smith. as well as those who are co -sponsers.
Also skipped Luis Gutirezze .. He was supportive in sub committe hearing last time .
Aide from Rep Chris Cannon took my name and no and she told me some one will get back to me as she is not sure about bill.
Guys keep calling.. People just take message and average call takes 1 min or less.
Also skipped Luis Gutirezze .. He was supportive in sub committe hearing last time .
Aide from Rep Chris Cannon took my name and no and she told me some one will get back to me as she is not sure about bill.
Guys keep calling.. People just take message and average call takes 1 min or less.
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smisachu
01-02 02:20 AM
I have an appointment at Kolkata on the 11th. Scheduled to fly back to US on the 26th. Considering Martin Luther king Jr day it will be 9 working days. After seeing the PIMS delays, I am seriously considering return back on AP. Cannot take the risk of delaying the flight as I dont have vacations to hang around and wait for PP.
more...
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ItIsNotFunny
11-10 03:37 PM
Bump ^^^^
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test101
07-10 07:58 PM
who is Paula John? sorry
more...
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Rinsha
05-22 07:46 AM
1. For how long does EAD stays valid?
2. If I'm the primary applicant for the Green Card, can I leave my sponsoring employer to either start a business on my own or work for a different employer after I received my EAD?
Thanks
2. If I'm the primary applicant for the Green Card, can I leave my sponsoring employer to either start a business on my own or work for a different employer after I received my EAD?
Thanks
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tikka
06-22 12:25 PM
http://immigrationvoice.org/forum/showthread.php?t=5470
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
more...
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wizkid732
08-16 12:50 PM
looks like we will be all alone :-)
Saw a picture of the flood victims in Pakistan seeking food, sure you understand :-)
I will wait this week and plead with ombudsman. Are you thinking of anything else for now?
Customer Service rep folks say ..Case is with an officer...Not sure, if that is any indication..All of us have to hope for the best.
Saw a picture of the flood victims in Pakistan seeking food, sure you understand :-)
I will wait this week and plead with ombudsman. Are you thinking of anything else for now?
Customer Service rep folks say ..Case is with an officer...Not sure, if that is any indication..All of us have to hope for the best.
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desi3933
06-18 11:11 AM
.......
However, the current "run to the DOL/ICE" approach that you guys are taking may have repercussions well beyond you had bargained for.
......
Are you suggesting the fraud should not be reported?
Its like saying that do not report burglary in your home, as thief may do something bad to the family. Typical scare the victim approach.
However, the current "run to the DOL/ICE" approach that you guys are taking may have repercussions well beyond you had bargained for.
......
Are you suggesting the fraud should not be reported?
Its like saying that do not report burglary in your home, as thief may do something bad to the family. Typical scare the victim approach.
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inderman
10-25 03:11 PM
Congrats FatJoe... Enjoy your freedom!!!
Have Fun!!!
Have Fun!!!
ItIsNotFunny
11-04 04:13 PM
Bump ^^^^^
contactkpatel@yahoo.com
08-13 02:34 PM
I noticed a soft LUD today on my wife's case but no update on mine. Does this mean anything...
PD - Oct 2005 - still waitin.........
PD - Oct 2005 - still waitin.........
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