gc_on_demand
05-19 10:16 AM
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
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xu1
04-01 03:38 PM
sent..
i was IMing with a friend working for microsoft and trying to tell him about IV. he had already been a contributing member! :)
i was IMing with a friend working for microsoft and trying to tell him about IV. he had already been a contributing member! :)
pappu
11-02 02:58 PM
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
I will repeat again that I said earlier.
Again, do not quote some lawyer's opinion on this issue from his/her website.
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
I will repeat again that I said earlier.
Again, do not quote some lawyer's opinion on this issue from his/her website.
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Macaca
08-31 06:44 PM
H1B's are taking jobs
Employment rate is constantly low
Extending ths GC process duration does not mean GC applicant loses job (and hence someone else gets job)
H1B lowers salary
H1B's salary can not be significantly raised during GC process
Employer pays for GC applicants immigration fees
Employment rate is constantly low
Extending ths GC process duration does not mean GC applicant loses job (and hence someone else gets job)
H1B lowers salary
H1B's salary can not be significantly raised during GC process
Employer pays for GC applicants immigration fees
more...
apahilaj
12-03 03:28 PM
Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
rockstart
04-21 10:08 AM
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
more...
little_willy
09-19 04:29 PM
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.
So, with this posting I assume that you neither attended the rally nor put in any effort towards it cause. I sincerely wish I am wrong. Don't be so dumb and also claim that you are high skilled, they don't go together. Yes, we did get our autographs and we have the right to flaunt for what we did at DC. You have the right to post what you wish but don't ever again ridicule the people who put in the efforts.
So, with this posting I assume that you neither attended the rally nor put in any effort towards it cause. I sincerely wish I am wrong. Don't be so dumb and also claim that you are high skilled, they don't go together. Yes, we did get our autographs and we have the right to flaunt for what we did at DC. You have the right to post what you wish but don't ever again ridicule the people who put in the efforts.
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heywhat
08-15 12:59 AM
:)
Will I-485 package get rejected if no employment letter attached?
While rushing to send our packages to USCIS on July2nd, we could not get our future employment letter signed and did not include in the package. But now I have the employment letter.
Experts, do you think I need re-file or wait out?
Anyone is in the same boat got their receipt#s or still waiting
Thanks
Will I-485 package get rejected if no employment letter attached?
While rushing to send our packages to USCIS on July2nd, we could not get our future employment letter signed and did not include in the package. But now I have the employment letter.
Experts, do you think I need re-file or wait out?
Anyone is in the same boat got their receipt#s or still waiting
Thanks
more...
kode
02-02 06:43 PM
wow !! the first vote for my kastle !!! :P
thank you very much Oblique :love:
thank you very much Oblique :love:
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aroranuj
04-16 03:31 PM
That is accurate I have done 10+2+1+3
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
more...
mbawa2574
07-10 11:26 AM
He uses them in his programs for his selfish agenda. Otherwise he hates immigrants and non-white people. Expose this mother fucker. Lets setup LouDobbsSucks.com and get his ass fired from CNN. Time Warner understands the serious money they are making in a growing /developing economy like India and If we hit money, they will get rid of Loooooooooo!!!!
:D
:D
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sbabunle
03-18 11:28 AM
Lawsuite may not work in all occasions. If visa's are not available how can USCIS approve a petition? The law say a VISA should be available in order to approve a GC.
more...
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f_b_2007
08-10 11:31 AM
who cheated whom? come on diptam. you have been here for so long...
you can not talk like that... people look forward to get advise from guys like you. not hatred..
your company/employer cheated you. not anybody else... please rethink about it.
I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.:mad:
you can not talk like that... people look forward to get advise from guys like you. not hatred..
your company/employer cheated you. not anybody else... please rethink about it.
I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.:mad:
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Waitingnvain
07-17 12:22 PM
I think you might be getting stressed out for no reason vis-a-vis the job market. Most of the people applying (~500k by your estimates) are already on H-1B or L-1. The number of spouses getting EAD is another question.
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
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met3259
05-25 03:42 PM
MET3259- Thanks for the Post. It was great.
Could you address my quiestion regarding "low" wages. How "low" are they and what does 'low" mean in Canada, relative to cost of living and especially real estate prices. Can you afford to buy a decent house or apartments in average salary?
Thanks
Excellent question. Wages are lower (with a few exceptions like teachers) than in the US, but we are not talking about "poor house" wages. I made $70K Cdn (remember, a dollar is still a dollar at home - so don't convert to US$) and made $77K US my first year in the US. The job though went from a process engineer, to a plant manager of a small plant.
I have tried to talk to my friends in Canada about this (and job opportunity) and figure it out - how come I can make more in the US and have more carrier opportunities. I really do not know the exact answer, but... (let me try anyway):
It is easy to "shine" in the US - again, the average (and by no means not all) person here is less educated and has less drive/ability than at home -- thus more competition (relatively speaking) than in the US.
Economies of scale in the US present more opportunity.
I did notice, that in the US, you can be a grade 8 drop out and still make a lot of money if you are willing to work (and have at least a little luck - re: the song "sun screen"). That very rarely(if ever) happens back home.
Along this line of thinking, it is easier to sell a "widget" in the US as the average consumer is not that bright. Canadians are at least a little more hesitant/intelligent/cautious with purchases. The US have more disposible imcome than Canadians (which should tell you a lot right there).
Another difference is the banks in Canada will tell you how much you can spend. In the US, they just keep giving morgates, car loans, credit cards to anyone (even my 6 year old son got a peapproved application for a credit card). In Canada - the bank will say - "you can not afford that" - we do not have people morgated to the hilt, with a SUV (or 2) in the driveway ready for bankrupcy if they loose their job.
Conclusion - you can afford a house and renting in Canada (unlike the US) is actually cheaper. Wages can be and most liekly are lower, but - no ghettos, no bankrupcy due to illnesss, safer streets (although it is getting worse).
Hope that helps.
Could you address my quiestion regarding "low" wages. How "low" are they and what does 'low" mean in Canada, relative to cost of living and especially real estate prices. Can you afford to buy a decent house or apartments in average salary?
Thanks
Excellent question. Wages are lower (with a few exceptions like teachers) than in the US, but we are not talking about "poor house" wages. I made $70K Cdn (remember, a dollar is still a dollar at home - so don't convert to US$) and made $77K US my first year in the US. The job though went from a process engineer, to a plant manager of a small plant.
I have tried to talk to my friends in Canada about this (and job opportunity) and figure it out - how come I can make more in the US and have more carrier opportunities. I really do not know the exact answer, but... (let me try anyway):
It is easy to "shine" in the US - again, the average (and by no means not all) person here is less educated and has less drive/ability than at home -- thus more competition (relatively speaking) than in the US.
Economies of scale in the US present more opportunity.
I did notice, that in the US, you can be a grade 8 drop out and still make a lot of money if you are willing to work (and have at least a little luck - re: the song "sun screen"). That very rarely(if ever) happens back home.
Along this line of thinking, it is easier to sell a "widget" in the US as the average consumer is not that bright. Canadians are at least a little more hesitant/intelligent/cautious with purchases. The US have more disposible imcome than Canadians (which should tell you a lot right there).
Another difference is the banks in Canada will tell you how much you can spend. In the US, they just keep giving morgates, car loans, credit cards to anyone (even my 6 year old son got a peapproved application for a credit card). In Canada - the bank will say - "you can not afford that" - we do not have people morgated to the hilt, with a SUV (or 2) in the driveway ready for bankrupcy if they loose their job.
Conclusion - you can afford a house and renting in Canada (unlike the US) is actually cheaper. Wages can be and most liekly are lower, but - no ghettos, no bankrupcy due to illnesss, safer streets (although it is getting worse).
Hope that helps.
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singhsa3
08-16 09:09 AM
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
more...
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styrum
12-19 03:48 PM
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
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coloniel60
08-15 01:32 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
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ssa
02-10 07:52 PM
Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off and (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.
ragz4u
03-16 01:32 PM
http://www.aila.org/content/default.aspx?docid=18845
Members of the Senate Judiciary Committee finally broached the controversial subject of the undocumented population on day five of the Committee's markup of draft legislation on comprehensive immigration reform, but deferred any votes on the subject until after next week's congressional recess.
Chairman Specter began the day's proceedings by reiterating that it would be a "colossal mistake" for Senate Majority Leader Frist to bring an immigration bill to the Senate floor that had not been completely vetted by the Senate Judiciary Committee. As background, Senator Frist has threatened to bring his enforcement-only legislation directly to the Senate floor unless the Judiciary Committee produces a bill by March 27. Senator Frist could do this using the seldom employed "Rule 14" procedure that permits him to introduce a bill and bypass the committee process so that it goes directly to the Senate calendar. According to Senate sources, Senator Frist's bill would simply take Chairman Specter's proposal and strip out the guestworker plan and the provisions dealing with the estimated 12 million undocumented aliens present in the U.S.
Because Senator Frist apparently will not back off of his deadline, Chairman Specter proposed this morning to continue the Committee's work beyond what was to have been the final day of the markup (today). Unfortunately, the Senate is out on recess next week, leaving tomorrow or Monday, March 27, as the only available options for continued work. Most of the Senators present agreed that meeting on March 27 would make sense, with the exception of Senator Cornyn, who disagreed that bringing the Committee's incomplete bill to the floor would be problematic (clearly an attempt on his part to stave off debate in the Committee on what to do with the undocumented population). However, in a clear rebuke to Senator Cornyn, Chairman Specter responded that the Committee would proceed immediately to debate on the controversial issue of a path to citizenship for the undocumented!
Chairman Specter said that he and Senator Kennedy talked at length yesterday about the issue of the undocumented. He reiterated his concerns about the undocumented workers jumping the line in front of those who have followed the legal channels. He's concerned about 25-year backlogs for 4th preference beneficiaries and other long backlogs. However, he noted his willingness to find a way to put the undocumented on a path to citizenship at the end of the line. Chairman Specter also reiterated that he wants a bill to come out of Committee that can pass the floor and be reconciled with the House bill.
Senator Kennedy argued that the McCain/Kennedy bill will not lead to line-jumping, explaining that the bill's formula would clear backlogs and deal with the lines themselves. In addition, he noted his willingness to accept a 2nd degree amendment to ensure that legal permanent residence would not be granted to the undocumented population until both the current employment-based and family-based backlogs had been cleared. "What really is the alternative," he asked? "Mass deportations? Criminalization and a permanent subclass?"
Senator Kennedy continued by talking eloquently about the pure motives of immigrants who have come to this country, both historically and currently, to make a better life for themselves and their families. He said that we should admire the drive of these people. We should not treat them as criminals but should give them an opportunity. We should bring them out of shadows, have them pay a fine, work, and wait their turn. Senator Kennedy also noted that some 60,000 legal permanent residents currently serve in the U.S. Armed Forces.
Senator Kyl noted that no one on the Committee supports enforcement only, adding that his and Senator Cornyn's proposal would provide a "work opportunity," not a punishment. He said that the Specter "gold card" would be just like a green card but without the right to citizenship. He also opined that people waiting in the family-based backlog don't have the right to be in the U.S. now, so letting undocumented aliens get in line would harm those individuals who have been waiting patiently. At one point, he allowed that it might be OK to give a path to citizenship to high skilled workers but not to low skilled workers.
Senator Cornyn associated himself with Senator Kyl's remarks. "We can't accept everyone in the world who wants to come here," he said. And while he professed agreement with Senator Kennedy about the beneficial contributions and benevolent motivations of the undocumented population, he couldn't seem to get past the "law breaking" issue. "The American people won't accept a program to deal with the undocumented if we haven't finished the bill's enforcement titles," he argued. He also defended the Cornyn/Kyl "report to deport" proposal, noting that it is neither a ruse nor impractical. He added that the intention of the proposal is not to strand people outside of the country as some have accused.
Senator Durbin weighed in by stating that the immigration system has been broken for a long while. He recounted stories about important individuals he knows whose parents were undocumented aliens. He stood in support of the McCain/Kennedy proposal, calling it "tough but fair," and reiterated that we should not be criminalizing undocumented status, as both the Chairman's Mark and H.R. 4437 would do.
Senator Graham noted that many people, including many on the Republican side of the aisle, don't even want to debate this complex issue. For them, rounding these immigrants up and deporting them is the only answer. "Such a proposal is simply not feasible," Senator Graham added. He also noted that half of his family likely would not be able to meet the requirements of the McCain/Kennedy legislation, thereby buttressing the argument that it is no easy give away. "While there are lots of people on talk radio complaining about the undocumented, these folks are out there working," he said. "This is not a 'get out of jail free' card." In addition to those who would deport the undocumented population, there are others who would put them all in jail, he continued, adding that this also would not work. He warned Chairman Specter and others that they shouldn't be trying to avoid criticism on this issue, because they're all going to get it. He agreed that the undocumented population should be put in line behind all those currently waiting in the backlogs but does not believe it is appropriate to force them to leave the country in order to take part in the program, as this would break up families.
Senator Feinstein argued that the DHS would be incapable of handling such a massive program. She was also concerned with what would happen to those who apply for the program if they are unable to pass the requisite background checks. "Could people with minor misdemeanors get status,?" she asked. She requested a letter from Senator Kennedy's staff on the issue. Senator Feinstein also returned to the issue of DHS's processing capabilities, asking for additional information on the subject before the issue is brought to a vote.
Senator Specter indicated that he intends to work through the undocumented issue by beginning with the McCain/Kennedy bill and the 2nd degree amendment mentioned above by Senator Kennedy. He also indicated that there is a deal on the table between Senators Cornyn and Kennedy on the temporary worker (future flows) program.
Senator Feinstein brought up the subject of agricultural workers and wanted to know why they weren't included as part of the guestworker program. Senator Kennedy responded that the reason is because Senator Craig, the chief sponsor of AgJobs, would offer it as an amendment on the floor. Senator Brownback opined that they needed to have staff work out the details of any agricultural program.
Chairman Specter then noted that staff would be working out various details during next week's recess, confirmed continuation of the markup on March 27th, and gaveled the meeting to a close.
Members of the Senate Judiciary Committee finally broached the controversial subject of the undocumented population on day five of the Committee's markup of draft legislation on comprehensive immigration reform, but deferred any votes on the subject until after next week's congressional recess.
Chairman Specter began the day's proceedings by reiterating that it would be a "colossal mistake" for Senate Majority Leader Frist to bring an immigration bill to the Senate floor that had not been completely vetted by the Senate Judiciary Committee. As background, Senator Frist has threatened to bring his enforcement-only legislation directly to the Senate floor unless the Judiciary Committee produces a bill by March 27. Senator Frist could do this using the seldom employed "Rule 14" procedure that permits him to introduce a bill and bypass the committee process so that it goes directly to the Senate calendar. According to Senate sources, Senator Frist's bill would simply take Chairman Specter's proposal and strip out the guestworker plan and the provisions dealing with the estimated 12 million undocumented aliens present in the U.S.
Because Senator Frist apparently will not back off of his deadline, Chairman Specter proposed this morning to continue the Committee's work beyond what was to have been the final day of the markup (today). Unfortunately, the Senate is out on recess next week, leaving tomorrow or Monday, March 27, as the only available options for continued work. Most of the Senators present agreed that meeting on March 27 would make sense, with the exception of Senator Cornyn, who disagreed that bringing the Committee's incomplete bill to the floor would be problematic (clearly an attempt on his part to stave off debate in the Committee on what to do with the undocumented population). However, in a clear rebuke to Senator Cornyn, Chairman Specter responded that the Committee would proceed immediately to debate on the controversial issue of a path to citizenship for the undocumented!
Chairman Specter said that he and Senator Kennedy talked at length yesterday about the issue of the undocumented. He reiterated his concerns about the undocumented workers jumping the line in front of those who have followed the legal channels. He's concerned about 25-year backlogs for 4th preference beneficiaries and other long backlogs. However, he noted his willingness to find a way to put the undocumented on a path to citizenship at the end of the line. Chairman Specter also reiterated that he wants a bill to come out of Committee that can pass the floor and be reconciled with the House bill.
Senator Kennedy argued that the McCain/Kennedy bill will not lead to line-jumping, explaining that the bill's formula would clear backlogs and deal with the lines themselves. In addition, he noted his willingness to accept a 2nd degree amendment to ensure that legal permanent residence would not be granted to the undocumented population until both the current employment-based and family-based backlogs had been cleared. "What really is the alternative," he asked? "Mass deportations? Criminalization and a permanent subclass?"
Senator Kennedy continued by talking eloquently about the pure motives of immigrants who have come to this country, both historically and currently, to make a better life for themselves and their families. He said that we should admire the drive of these people. We should not treat them as criminals but should give them an opportunity. We should bring them out of shadows, have them pay a fine, work, and wait their turn. Senator Kennedy also noted that some 60,000 legal permanent residents currently serve in the U.S. Armed Forces.
Senator Kyl noted that no one on the Committee supports enforcement only, adding that his and Senator Cornyn's proposal would provide a "work opportunity," not a punishment. He said that the Specter "gold card" would be just like a green card but without the right to citizenship. He also opined that people waiting in the family-based backlog don't have the right to be in the U.S. now, so letting undocumented aliens get in line would harm those individuals who have been waiting patiently. At one point, he allowed that it might be OK to give a path to citizenship to high skilled workers but not to low skilled workers.
Senator Cornyn associated himself with Senator Kyl's remarks. "We can't accept everyone in the world who wants to come here," he said. And while he professed agreement with Senator Kennedy about the beneficial contributions and benevolent motivations of the undocumented population, he couldn't seem to get past the "law breaking" issue. "The American people won't accept a program to deal with the undocumented if we haven't finished the bill's enforcement titles," he argued. He also defended the Cornyn/Kyl "report to deport" proposal, noting that it is neither a ruse nor impractical. He added that the intention of the proposal is not to strand people outside of the country as some have accused.
Senator Durbin weighed in by stating that the immigration system has been broken for a long while. He recounted stories about important individuals he knows whose parents were undocumented aliens. He stood in support of the McCain/Kennedy proposal, calling it "tough but fair," and reiterated that we should not be criminalizing undocumented status, as both the Chairman's Mark and H.R. 4437 would do.
Senator Graham noted that many people, including many on the Republican side of the aisle, don't even want to debate this complex issue. For them, rounding these immigrants up and deporting them is the only answer. "Such a proposal is simply not feasible," Senator Graham added. He also noted that half of his family likely would not be able to meet the requirements of the McCain/Kennedy legislation, thereby buttressing the argument that it is no easy give away. "While there are lots of people on talk radio complaining about the undocumented, these folks are out there working," he said. "This is not a 'get out of jail free' card." In addition to those who would deport the undocumented population, there are others who would put them all in jail, he continued, adding that this also would not work. He warned Chairman Specter and others that they shouldn't be trying to avoid criticism on this issue, because they're all going to get it. He agreed that the undocumented population should be put in line behind all those currently waiting in the backlogs but does not believe it is appropriate to force them to leave the country in order to take part in the program, as this would break up families.
Senator Feinstein argued that the DHS would be incapable of handling such a massive program. She was also concerned with what would happen to those who apply for the program if they are unable to pass the requisite background checks. "Could people with minor misdemeanors get status,?" she asked. She requested a letter from Senator Kennedy's staff on the issue. Senator Feinstein also returned to the issue of DHS's processing capabilities, asking for additional information on the subject before the issue is brought to a vote.
Senator Specter indicated that he intends to work through the undocumented issue by beginning with the McCain/Kennedy bill and the 2nd degree amendment mentioned above by Senator Kennedy. He also indicated that there is a deal on the table between Senators Cornyn and Kennedy on the temporary worker (future flows) program.
Senator Feinstein brought up the subject of agricultural workers and wanted to know why they weren't included as part of the guestworker program. Senator Kennedy responded that the reason is because Senator Craig, the chief sponsor of AgJobs, would offer it as an amendment on the floor. Senator Brownback opined that they needed to have staff work out the details of any agricultural program.
Chairman Specter then noted that staff would be working out various details during next week's recess, confirmed continuation of the markup on March 27th, and gaveled the meeting to a close.
mirage
07-27 03:59 PM
Why the hell are you guys calling USCIS, calling them won�t expedite your process. You are just showing the person on the other side of the phone what kind of crappy people we are.
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