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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #31  
Old 03-31-2009, 07:21 PM
indianabacklog indianabacklog is offline
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As usual this topic is just not of interest to the people on this forum since it does not effect you directly.

Just remember those of you with teenage children who have not yet applied for adjustment of status, if nothing changes in the employment based system you too could have an aged out child on your hands in the future.

It is a miserable situation to find yourself in and the few of us who appear to exist are just asking that you make your voices heard on our behalf.
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  #32  
Old 03-31-2009, 07:38 PM
sri1309 sri1309 is offline
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Default I'm in.

Quote:
Originally Posted by indianabacklog View Post
As usual this topic is just not of interest to the people on this forum since it does not effect you directly.

Just remember those of you with teenage children who have not yet applied for adjustment of status, if nothing changes in the employment based system you too could have an aged out child on your hands in the future.

It is a miserable situation to find yourself in and the few of us who appear to exist are just asking that you make your voices heard on our behalf.
It doesnt affect me, but I'm willing to support any effort in this and I'm sure this is a very very genuine case and will get approval from any law maker who is supporting DREAM,

IV Core, we need your help in this. Can you please come up with an action plan. We are willing to fund the cause if you come up with how we go about this. We know its not just money thats needed but a campaign type effort and I'm sure all the parents and their kids will come out in support. Too bad that these kids have to now suffer..
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  #33  
Old 03-31-2009, 07:48 PM
indianabacklog indianabacklog is offline
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Quote:
Originally Posted by sri1309 View Post
It doesnt affect me, but I'm willing to support any effort in this and I'm sure this is a very very genuine case and will get approval from any law maker who is supporting DREAM,

IV Core, we need your help in this. Can you please come up with an action plan. We are willing to fund the cause if you come up with how we go about this. We know its not just money thats needed but a campaign type effort and I'm sure all the parents and their kids will come out in support. Too bad that these kids have to now suffer..

Thank you very much for coming forward, there are thousands of young adults who would benefit from a concerted effort if this bill were to include them and get passed.
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  #34  
Old 03-31-2009, 09:55 PM
indianabacklog indianabacklog is offline
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Default A message you can send if you can spare a minute or two

http://www.youtube.com/watch?v=o5glEpWIET4

This is a youtube posting we prepared the message can be utilized for sending to anyone who you feel might be able to help.
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  #35  
Old 03-31-2009, 11:15 PM
indianabacklog indianabacklog is offline
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Default Template of letter you can use if you wish to help

Please help the plight of young adults admitted to the United States LEGALLY.

Senators Durbin and Lugar are co sponsors of the recently re-introduced DREAM act to the senate. This bill was devised to by Senator Durbin to provide a path to permanent residence (Green Card) to the children of parents who entered the United States ILLegally.

This bill overlooks the plight of thousands of young adults who also entered the United States with their parents when they were minors who have AGED OUT. The legal immigration system is a slow process and if a child turns 21 before they can apply for a green card as part of their family unit they disappear into an immigration ‘black hole’.

The DREAM act effectively provides the children of those who broke (ignored) immigration laws with a path to citizenship while excluding those who respected the immigration laws.

I am asking that LEGALLY admitted young adults are included in the DREAM act.

Thank you
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  #36  
Old 04-01-2009, 12:03 AM
pappu pappu is offline
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Some questions to the people suffering due to aging out children problem.

- How many people are there affected by this problem?
- Is it possible to collect them in one place on IV and then run a campaign.
- Are you all willing to talk to the media about this.

I think the first step is to collect real people affected by this problem (not supporters) so that real stories can be presented by such people. 4-5 members talking about this problem will not make any impact in an advocacy effort especially if you say thousands of people are affected. Once you get several people on a thread affected by this (you can inform about it on IV, other forums, blogs etc to collect everyone) this group can take a lead.

You will need to send your stories and op-eds to media so that people come to know about this issue. And then use those articles to promote the cause. IV can also guide you with lawmaker meetings so that the group can go and meet lawmakers. Before contacting any lawmaker, this group will need to prepare a presentation and handouts on this issue to give to offices. Preparing such documents will require some research work by the group.

Sending emails and phone calls by masses will not work well. As far as getting all members involved in it, it is possible at a later stage when it can become a large scale campaign.

Lastly, do not start any campaign to contact Sen. Durbin. Talk to us and we will guide you whom to contact and when. Until then you need to form a group of people in this situation. Unless it is seen as a widespread problem, advocacy effort will be difficult. If you really want to contact someone, Then seek an appointment with your local congressman and Senator's office. If there is some prepared material by the group, it will be very helpful in such meetings. You can leave behind some printouts too. I would not recommend sending emails that nobody might read and may get deleted or annoy if coming in bulk. Likewise I would not recommend calling. In a phone call you can only communicate so much and the person speaking on the other line is also not in a higher position of responsibility in the lawmaker office. You really need to go and meet in person. Also go through http://immigrationvoice.org/media/Ho...tLawmakers.doc to know more about lawmaker meetings.

Sorry to be straightforward, even if it sounded blunt. IV wants to let you all know that we fully sympathize with the sufferings of this minority in our membership and want to help. But everyone suffering due to this issue needs to take a few steps to organize themselves before any campaign can be planned.
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Last edited by pappu; 04-01-2009 at 12:21 AM.
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  #37  
Old 04-01-2009, 08:40 AM
i_aged_out i_aged_out is offline
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Pappu, you are right about the points you made in your post. Unfortunately though, there are probably not too many of us. Moreover, most of us aged out students probably are not too experienced with these issues and most of us are probably busy finishing our college or attending grad school. But if there are any other aged out kids or parents of aged out kids in here that want to join in and support this, we all can form a sizable group to fight this by generating media storm ?!? But this is an important long term goal...

For now, there is a bill already introduced in congress. It will soon be debated and voted upon. Given the short amount of time we have, our best bet is to try to at least have some of the senators to notice this issue. I like the idea of meeting up with Senators. I'm going to try to meet up with my California senators/representatives. But for those who can't do this, we have to make sure we call/fax/email. Please don't give up hope. Dream act community has been vigorously calling in. So are the NumberUSA, ALIPAC and other anti-immigration groups.

indianabacklog, thomachan72, rego, and others, I repeatedly read through the newly uploaded text of the bill on government site http://www.thomas.gov/cgi-bin/query/z?c111:S.729:
and I might have some good news for you guys....read on.

Firstly, throughout the whole text there is actually no mention of 'illegal' or 'undocumented' aliens. Perhaps, this is because, there are several kids who were brought here on visitor or any other temporary visa and they never leave. In fact, there are several Mexican families that have done this using the Mexican Non-Immigrant "Laser Visas."

Anyways, Section 4.(a).(1) is probably the most worrisome portion of this text because of the two words - 'Deportable' and 'Inadmissible' - that are used to describe the type of aliens that this act applies to. Here is the snippet...

Quote:
(1) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 5, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that--
...
...
...
The words "inadmissible" and "deportable" does not only apply to undocumented students but others as well. So, if you are 'inadmissible' OR 'Deportable' and if you fall under the other guidelines, you will be eligible for this law. Now the main question is what does the keyword 'Inadmissible' mean ? Title 8 Chapter 12 Subchapter II, Section 1182 of the U.S. Code describes what 'Inadmissible Alien' means. Here is the link to this section :

http://law.justia.com/us/codes/title8/8usc1182.html



Here is an extraction concerning student visa..Section (a).(6).(G).
Quote:
(G) Student visa abusers

An alien who obtains the status of a non-immigrant under section 1101(a)(15)(F)(i) of this title and who violates a term or condition of such status under section 1184(l) \2\ of this title is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.
.According to this section, you violate the sections above and become inadmissible if you break one of the rules like taking less than 12 college units or if you don't apply for OPT and stay here after graduation etc. It is funny that we might have to become inadmissible in order to claim the benefits...but what can I say !

Perhaps, the main problem is that most of the senators think that students in this situation are all illegals. They are not aware of scenarios where legal children of H1B employees who are brought here as minors, are sometimes forced to become foreigners. Who ever came up with the AGE-OUT rule really is dumb...sorry to say this but I could not find any good reason behind this.

Anyways, I am not a lawyer of any sort. This is just my interpretation of the bill. I will need to contact a lawyer regarding this. This is most likely a side-effect of the bill or simply a loop-hole that is hard to refute...What do you guys think ? Please let me know if I am missing something here...

Last edited by i_aged_out; 04-01-2009 at 08:43 AM.
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  #38  
Old 04-01-2009, 09:27 AM
pappu pappu is offline
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Default

Quote:
Originally Posted by i_aged_out View Post
Pappu, you are right about the points you made in your post. Unfortunately though, there are probably not too many of us. Moreover, most of us aged out students probably are not too experienced with these issues and most of us are probably busy finishing our college or attending grad school. But if there are any other aged out kids or parents of aged out kids in here that want to join in and support this, we all can form a sizable group to fight this by generating media storm ?!? But this is an important long term goal...

For now, there is a bill already introduced in congress. It will soon be debated and voted upon. Given the short amount of time we have, our best bet is to try to at least have some of the senators to notice this issue. I like the idea of meeting up with Senators. I'm going to try to meet up with my California senators/representatives. But for those who can't do this, we have to make sure we call/fax/email. Please don't give up hope. Dream act community has been vigorously calling in. So are the NumberUSA, ALIPAC and other anti-immigration groups.

Not able to find time should not be a reason for not being active on this issue. If the issue is important to you, then you can easily find time. Posting threads and asking others to help cannot solve an issue. Members including core have full time jobs and families that keeps us very busy. But we still take out time for IV and its action items. A couple of core members are not only doing full time jobs, but are attending grad school part time to do MBA. So if you have a will, there will be a way.

I feel forming a group is the first thing you got to do. It does not need to be a separate yahoo group. But just a thread where everyone affected can join in. Then you can set up a conf. call and know each other. Form teams of people to do various tasks. Going to meet lawmakers without preparation will not help. Thus do not rush into meeting lawmakers. This bill will not pass overnight or within the next week or two. There will be several stages in the bill approval process. You have enough time to bring people together. Prepare talking points about your issue and presentation/leave behind materials. In the group you will also know where each person belongs to. Prepare an excel sheet for all appointments taken, meeting attended and feedback received. Send that info to IV so that we can use that information for advocacy in DC.
Do not send Fax/email etc. While it sounds easy and is the first reaction, it will not help your cause even 1%. Your issue is new. You first need to raise awareness and educate others. Media is a good vehicle and the group must use it. IV will help you get published.

But first get everyone together and follow a plan. Every big movement starts with one person and then everyone joins you. So some of you on this thread must take leadership. IV will help you.
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Last edited by pappu; 04-01-2009 at 09:43 AM.
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  #39  
Old 04-01-2009, 09:39 AM
thomachan72 thomachan72 is offline
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sorry I was away for some time and couldn't keep up. I feel extremely happy to come back and find a very stimulating and guiding post by pappu. As indianabacklog suggested, unless more people with kids (whatever the age goup) respond, we will just be a few raising our voices in the wilderness. Dont loose your optimism yet, things can happen in ways that we cant imagine.
For this to become a successful campaign 2 things need to happen without much delay:
1) A really strong organizer (whom others respect) has to step in (we have seen a glimmer of hope with pappu's comments)
2) someway the general EB applicants should feel that there is a potential benefit for them too hidden in this agenda.

My thoughts about how everybody could benefit:-
1) whether it be a few who are directly affected now, there is always the possibility that more could be affected in future due to this aged out clause!!
2) Senators will realize that this delays and irregularity in processing PR application is really true and future generation (children) are affected by it.
3) if they say that Dream act is only for ilegals, atleast they will say;"Ok we will see to it that the delays are reduced and visa numbers are not wasted so that kids dont suffer".
4) most likely they will (if Dream act is passed) say that "pending streamlining of the EB application and adjudication process and reducing the delays in processing, the beneficiaries (children) will not age out and can be considered under this act to obtain a GC separate from the primary application".
5) if any of these happen, these kids will be taken off the visa numbers and we might obtain more visa numbers for the rest of us??

Anyway lets keep the ball moving and hope things brighten up. Lets wait for the big light!!
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  #40  
Old 04-01-2009, 10:47 AM
indianabacklog indianabacklog is offline
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Having been trying to keep this thread on the front page for two days now and we still have very few people posting. It is more than evident to me that the community as a whole do not care about anything that does not help them.

I am more than happy to work on my own in the hope that somebody in the right place sees it which I will never give up on since this is for my son and would lay down my life for him.

The concept of getting a large group together is obviously completely beyond the realms of IV. However, there appear to be at least three people who are really in this situation who could work as a unit.

i aged out and yvjoshi are the other two besides me.

Let us talk at least.
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  #41  
Old 04-01-2009, 11:17 AM
Munna Bhai Munna Bhai is offline
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Default Nope..it's not 3 people

Quote:
Originally Posted by indianabacklog View Post
Having been trying to keep this thread on the front page for two days now and we still have very few people posting. It is more than evident to me that the community as a whole do not care about anything that does not help them.

I am more than happy to work on my own in the hope that somebody in the right place sees it which I will never give up on since this is for my son and would lay down my life for him.

The concept of getting a large group together is obviously completely beyond the realms of IV. However, there appear to be at least three people who are really in this situation who could work as a unit.

i aged out and yvjoshi are the other two besides me.

Let us talk at least.
Nope, it's not just 3 people. I am sure everyone is reading this post. But my guess is that everyone is looking for a action plan. You did the right thing by keeping this thread on the top but if you can come up with agenda list then I am sure people will come forward to join.

-M
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  #42  
Old 04-01-2009, 11:19 AM
pappu pappu is offline
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Quote:
Originally Posted by indianabacklog View Post
Having been trying to keep this thread on the front page for two days now and we still have very few people posting. It is more than evident to me that the community as a whole do not care about anything that does not help them.

I am more than happy to work on my own in the hope that somebody in the right place sees it which I will never give up on since this is for my son and would lay down my life for him.

The concept of getting a large group together is obviously completely beyond the realms of IV. However, there appear to be at least three people who are really in this situation who could work as a unit.

i aged out and yvjoshi are the other two besides me.

Let us talk at least.
Pls start with 3 and try to get more. Post on other websites and bring others who are in similar situation on this thread. I'm sure there will be many more and they are either scattered or not aware.
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  #43  
Old 04-01-2009, 03:45 PM
rego rego is offline
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^^^^^^^^^^^^
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  #44  
Old 04-01-2009, 09:08 PM
validIV validIV is offline
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First of all, I am an aged out child. My parents started their GC application in 1996. They got their GC in 2001 August. I was 23.

I heard about the DREAM act in 2002, when we filed my I-130. That was 7 years ago, now its 2009. This act only covers illegal children, so in order for some of the people here who have aged out like me to be covered it needs to be seriously ammended or a new bill needs to be presented.

Since 2002 I watched as this act has been reintroduced year after year after year. I think I gave up on it in 2005. My advice to everyone here is to not get their hopes up. This act has gone nowhere in 7 years.
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  #45  
Old 04-01-2009, 09:25 PM
nihar nihar is offline
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I feel the same and i also have to maintain a legal status here as my family is already here and they are either GC and citizen my status is as below :


This is with regard to GC and h1
I have applied for family based GC above 21 yrs old on December 2006 and also currently holding h1 valid from October 2008. I also have my opt till May. Now since my employer was not able to find me a project he wants me to chg my status. I do not know what to do and how to chg my visa as, if I go on student visa I need to show financial documents and since I have not made any money how is it possible . If you can also suggest some schools who will not charge much or some courses which are not very expensive and time consuming and also where I can get work authorization as I will find jobs which are not technical and in line with my educational and work qualification . I have a deadline this evening as my employer just called me and told me this

Appreciate your efforts...
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