gk_2000
04-22 07:54 PM
Ok. But how does this apply to immigration?
On the page you quote, below is what I see -
The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:
Education
Employment
Housing
Lending
Public Accommodations
Law Enforcement / Police Misconduct
Voting
The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.
So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.
The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]
In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.
The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
On the page you quote, below is what I see -
The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:
Education
Employment
Housing
Lending
Public Accommodations
Law Enforcement / Police Misconduct
Voting
The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.
So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.
The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]
In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.
The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
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Illegalx17
06-21 01:38 AM
Well, i saw it ended tonight so i crapped this out in 20 seconds. I don't think i'm gonna win, but i had fun i guess. First battle i've tried on Kirupa. Toyed around with colors a bit, enjoy!
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gneerajg
10-24 03:37 PM
Thanks for the reply and it is not an subsitute it is an original case .so your suggesting that my PD should be May 2007 instead of April 2001. But the problem is that attorney filed the labor certification in 2001 without obtaining the PW and now the PW has come up 71656/- so there is a huge gap what I was getting in 2001 and then we requested PW for the last years from 2001 onwards and now they are telling that they can not do it also if we download the PW from the archives it is still much more than the PW send by DOL. so is there any way to get the PW for those years in back. I hired a new and very capable attorney but what he is suggesting that if we could the PW for 2001 what we applied in application then it is a piece of cake. My occupational code is 15-1031 and it I filed from California, LA county. I will really appreciate for your guidance and suggestion
Neeraj
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
Neeraj
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
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satyasaich
11-01 08:04 PM
if flowers campaign was a grand success, why not try this?
There is nothing to lose
There is nothing to lose
more...
zoooom
09-24 01:04 PM
Take it easy! He vented out his anger for no reason, just forgive him or ignore his ignorance. IV welcomes donations but its for a reason, to maintain such a good portal. May be he dint like this.
Yeah He is just a frustrated guy (and probably drunk) when he was writing this blog :)....
Yeah He is just a frustrated guy (and probably drunk) when he was writing this blog :)....
WaitingUnlimited
05-12 04:57 PM
First of all...Welcome to Immigration Voice.
Nitin, how do you think that people who are here in this forum does not know about the other options available? Where in this world you get as many opportunities as you get in USA? Where can you get the flexible life like here?
How many IT jobs are there in Canada (assuming most of the members in IV are into IT)? Canada Alberta program increased processing times to 8 months now and it excludes federal processing times. Federal application method takes more than one and half years.
So its good that you have chosen an alternative and worked out well, but your alternative many not be an alternative or not even option to all!!!
Nitin, how do you think that people who are here in this forum does not know about the other options available? Where in this world you get as many opportunities as you get in USA? Where can you get the flexible life like here?
How many IT jobs are there in Canada (assuming most of the members in IV are into IT)? Canada Alberta program increased processing times to 8 months now and it excludes federal processing times. Federal application method takes more than one and half years.
So its good that you have chosen an alternative and worked out well, but your alternative many not be an alternative or not even option to all!!!
more...
zigglar001
11-26 11:08 AM
Check out my conclusion here
http://immigrationvoice.org/forum/showthread.php?p=198467#post198467
http://immigrationvoice.org/forum/showthread.php?p=198467#post198467
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smartboy75
10-01 02:20 PM
I have the same update on 09/30/2007......
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EkAurAaya
11-20 02:06 PM
May be its just me... but i think people like lou dobbs/Chris Simcox of Minute man defense corps/william gheen of Alipac (i think that's his name) thrive on misguiding and benefiting from innocent folks - I don't blame people who are misguided (who for the most part I would like to believe are genuinely concerned about illegal immigration). Its like the radio commercials... you want listeners to remember a phone #, keep repeating it... and the number sticks in your mind.
Lou Dobbs - Opportunist looking to make money from book sales and gain popularity for possible government public post
Chris Simcox - Raised millions to build a border fence which turned out to be a cow fence at best. http://www.cnn.com/2007/US/11/07/border.fence/
Alipac guy - Has no job, lives on money raised from Alipac members (3000 a month + travel and other expenses - as posted by himself on his site)
Lot of people are been misguided and taken for a ride in my view...
Lou Dobbs - Opportunist looking to make money from book sales and gain popularity for possible government public post
Chris Simcox - Raised millions to build a border fence which turned out to be a cow fence at best. http://www.cnn.com/2007/US/11/07/border.fence/
Alipac guy - Has no job, lives on money raised from Alipac members (3000 a month + travel and other expenses - as posted by himself on his site)
Lot of people are been misguided and taken for a ride in my view...
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sk2006
08-19 02:21 PM
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.
I wish everyone the best and hope they get GC very soon.
Proud to be an indian-american and legal immigrant.
Good Luck!
Congrats.
Please stay politically active and vote in every election.
God bless America.
I wish everyone the best and hope they get GC very soon.
Proud to be an indian-american and legal immigrant.
Good Luck!
Congrats.
Please stay politically active and vote in every election.
God bless America.
more...
gccovet
11-07 04:30 PM
I dumped H1B, and even renewing EAD myself. Keep on giving I9 form.
This helps me to keep interaction at the minimum with Desi Employer.
Mr. Dhundhun,
If you have not done so, please, whenever you get a chance do send those 4 letters:
All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:
If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....
check out http://immigrationvoice.org/forum/showthread.php?t=22182
This helps me to keep interaction at the minimum with Desi Employer.
Mr. Dhundhun,
If you have not done so, please, whenever you get a chance do send those 4 letters:
All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:
If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....
check out http://immigrationvoice.org/forum/showthread.php?t=22182
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santb1975
06-02 12:07 PM
Please make your calls. This is for everyone. Please take the poll after you called. Thx
Since all the reps are from California, Is this only for California members?
If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).
Since all the reps are from California, Is this only for California members?
If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).
more...
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EkAurAaya
11-02 10:54 AM
1) We can go back; need not pretend if we think we have the brains
2) If you go "your GC misery is over". After that "A new beginning for you and this society"
3) If you don't go back you don't lose credibility. You just prove that you want to live here no matter what. Eveyone has the right to make his choice based on what works out well for him/her
4) For those who voted "yes" I think they know what they want in life and why they are here. No matter what the conditions are here or anywhere they will make the right choices instead of expecting someone else to control their lives.
The counter point is "Lobbying is not the only path to our freedom and independence"
Like you mentioned pointing out people and there posts is not required ( if you think that is a smart threat and expect people to backoff) because everyone can search every post of the other person if they want to do so.
FOR ALL THOSE WHO VOTED YES - IF WE HAVE ENOUGH NUMBERS WE CAN CHARTER A A380 OR TWO DREAMLINERS ONE FROM THE EAST COAST AND ONE FROM THE WEST COAST WITH STOPS IN DIFFERENT COUNTRIES TO DROP OFF PEOPLE. IT HELPS US, AIRBUS/BOEING AND THE "NO" SAYERS WAITING FOR THEIR GC'S. THIS WOULD BE FOR SURE A BIG EVENT IN THE HISTORY.
I am not against IV and its goals or against any views or opinions of people. It is a free world, but if we want to pay a price for that we can do so in many ways. e.g. Waiting for GC.
I don't think you will understand this but i will give a simple explanations...
it is not easy for people to pack up and leave when you have family/kids assimilating in the system (forget your "status" for a minute - people living here don't want to move to a different town (forget state) because their kids are in school) <<< this has nothing to do with how brainy you are (in fact it will be stupid to just pack up and leave). Oh and not to forget... i want SS/Medicare when i retire, i paid for it ;)
However I can guarantee you 80% (if not 100%) of IV members with PD < 2004 would have return if they had to restart the process of GC (too late for that we all have 485 applied and AC21 is around the corner ;))
And to answer your question about brain drain... it will happen if immigration is not fixed, if it takes 10-15 years to immigrate then people with naturally opt to get out of here before they are neck deep (like us 7-10 years) in the system.
But really Please Please Please do set an example by going back for good... I already explained the net result of you going back in my previous post ;)
Request: Mods I think this stupid thread does not belong here, please delete it... gjoe can take his agenda some place else to rally some support (perhaps in some anti-immigrant website).
2) If you go "your GC misery is over". After that "A new beginning for you and this society"
3) If you don't go back you don't lose credibility. You just prove that you want to live here no matter what. Eveyone has the right to make his choice based on what works out well for him/her
4) For those who voted "yes" I think they know what they want in life and why they are here. No matter what the conditions are here or anywhere they will make the right choices instead of expecting someone else to control their lives.
The counter point is "Lobbying is not the only path to our freedom and independence"
Like you mentioned pointing out people and there posts is not required ( if you think that is a smart threat and expect people to backoff) because everyone can search every post of the other person if they want to do so.
FOR ALL THOSE WHO VOTED YES - IF WE HAVE ENOUGH NUMBERS WE CAN CHARTER A A380 OR TWO DREAMLINERS ONE FROM THE EAST COAST AND ONE FROM THE WEST COAST WITH STOPS IN DIFFERENT COUNTRIES TO DROP OFF PEOPLE. IT HELPS US, AIRBUS/BOEING AND THE "NO" SAYERS WAITING FOR THEIR GC'S. THIS WOULD BE FOR SURE A BIG EVENT IN THE HISTORY.
I am not against IV and its goals or against any views or opinions of people. It is a free world, but if we want to pay a price for that we can do so in many ways. e.g. Waiting for GC.
I don't think you will understand this but i will give a simple explanations...
it is not easy for people to pack up and leave when you have family/kids assimilating in the system (forget your "status" for a minute - people living here don't want to move to a different town (forget state) because their kids are in school) <<< this has nothing to do with how brainy you are (in fact it will be stupid to just pack up and leave). Oh and not to forget... i want SS/Medicare when i retire, i paid for it ;)
However I can guarantee you 80% (if not 100%) of IV members with PD < 2004 would have return if they had to restart the process of GC (too late for that we all have 485 applied and AC21 is around the corner ;))
And to answer your question about brain drain... it will happen if immigration is not fixed, if it takes 10-15 years to immigrate then people with naturally opt to get out of here before they are neck deep (like us 7-10 years) in the system.
But really Please Please Please do set an example by going back for good... I already explained the net result of you going back in my previous post ;)
Request: Mods I think this stupid thread does not belong here, please delete it... gjoe can take his agenda some place else to rally some support (perhaps in some anti-immigrant website).
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forever_waiting
04-22 05:29 PM
Well.. everybody is posting OPINIONS here, so whatever is your point there.
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?
1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
2. The last para is just your OPINION, so I let it pass
3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?
1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
2. The last para is just your OPINION, so I let it pass
3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point
more...
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shfence
06-05 04:29 PM
oh, ya. I was just brain dead. hehe
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geesee
09-18 01:50 PM
@ caliguy
yeah its a matter of luck to get a better IO.. I would wait for couple of days before calling them back.. I wonder how they randomly give different wait times.. At the time of opening SR, I was told to wait for 45 days.. other CSR told me to wait for 30 days.. and I see you have been told to wait for 60 days...
but hang in there man.. we will get green soon...
i have an infopass scheduled for 25th... really hoping to get an approval before that..
yeah its a matter of luck to get a better IO.. I would wait for couple of days before calling them back.. I wonder how they randomly give different wait times.. At the time of opening SR, I was told to wait for 45 days.. other CSR told me to wait for 30 days.. and I see you have been told to wait for 60 days...
but hang in there man.. we will get green soon...
i have an infopass scheduled for 25th... really hoping to get an approval before that..
more...
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shawine
07-17 10:14 PM
This is not a waste of time. CNN really cares about rating and I am pretty sure for many people like you and me, CNN is the first stop for news. If they realize that we are a force to reckon with, they will think twice before airing such shows. By signing nobody is expecting, CNN firing Lou Dobb's but at least CNN will be careful airing these baseless facts..That's all we need..attention and fairness..espeacilly when they claim they are the most trusted name in the news..
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Refugee_New
08-04 11:44 AM
I posted this msg on saturday and looking for some response from members.
Thanks
Hello guys please let me know if i am eligible for filing WoM.
My case details are:
EB2, PD 02/12/2002.
I-485 RD: 06/06/2007 and ND: 06/15/2007
I have converted my EB3 PD to EB2. Last month i applied for EAD renewal thinking that it might trigger my GC approval(some people still believe in this)
Today i received my EAD with 2 yrs extension. I consider this as a bad sign because USCIS clearly states that if the visa is unavailable then they will issue 2 yr EAD.
In my case my PD has been current since i filed 485 except two months in this year when EB2 was U.
I have opened 3SRs(on march, april, june 08), went for infopass once, written letters to 3 senators and 2 representatives on july 7th, 2008, sent fax to NSC, also sent letters to NSC and NSC director twice, called NSC several times. I could not get any status update other than the regular response(case is pending and waiting to be assigned)
After taking all these efforts i recently received response for one of the SRs(for june 08) stating these type of cases taking time for approval and i need to wait patiently.
I dont know if i can wait anymore because i have been waiting for close to 7 yrs.
Now in this situation can you guys please let me know what i should do and what should be my next move?
Do you guys think i am eligible to file WoM? if yes please guide me on how to do it.
Thank you so much guys. Looking for some help.
Thanks
Hello guys please let me know if i am eligible for filing WoM.
My case details are:
EB2, PD 02/12/2002.
I-485 RD: 06/06/2007 and ND: 06/15/2007
I have converted my EB3 PD to EB2. Last month i applied for EAD renewal thinking that it might trigger my GC approval(some people still believe in this)
Today i received my EAD with 2 yrs extension. I consider this as a bad sign because USCIS clearly states that if the visa is unavailable then they will issue 2 yr EAD.
In my case my PD has been current since i filed 485 except two months in this year when EB2 was U.
I have opened 3SRs(on march, april, june 08), went for infopass once, written letters to 3 senators and 2 representatives on july 7th, 2008, sent fax to NSC, also sent letters to NSC and NSC director twice, called NSC several times. I could not get any status update other than the regular response(case is pending and waiting to be assigned)
After taking all these efforts i recently received response for one of the SRs(for june 08) stating these type of cases taking time for approval and i need to wait patiently.
I dont know if i can wait anymore because i have been waiting for close to 7 yrs.
Now in this situation can you guys please let me know what i should do and what should be my next move?
Do you guys think i am eligible to file WoM? if yes please guide me on how to do it.
Thank you so much guys. Looking for some help.
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mirage
08-19 04:28 PM
And that's never gonna happen. All Green Card seekers have stopped filing in EB-3, they are somehow managing to file in EB-2 by hook or by crook. So until congress changes any Law, every single spill over visa will be consumed by EB-2s and EB-3 India is not going to get a single spill over Visa...
1. I don't see any chances of getting any spill overs in the next two years.
2. There are only 3000 visas available for EB3-I in any given year (7% of EB3 quota). EB3-I will get few more if and when EB3-ROW gets current.
1. I don't see any chances of getting any spill overs in the next two years.
2. There are only 3000 visas available for EB3-I in any given year (7% of EB3 quota). EB3-I will get few more if and when EB3-ROW gets current.
Bone
06-15 07:51 AM
Just had a bit of fun messing around with this, here's what I came up with. A good idea but poor execution IMO :).
DesiGuy
09-17 12:36 PM
6020
ammendment #7 proposed by Mr Smith; this is to the ammedmnet proposed by Lofgren....:rolleyes:
ammendment #7 proposed by Mr Smith; this is to the ammedmnet proposed by Lofgren....:rolleyes:
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