danu2007
07-09 07:27 PM
I called her and left her a message..May be she might have got enough calls
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sunny1000
07-08 08:08 PM
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
peer123
06-13 07:58 PM
My attorney actually filed directly with TSC. So all my case numbers starts with SRC.
Is there any specific center we should be sending our 485 application. I have applied for I140 from Nebraska, can I apply for 485 in Texas...
Is there any specific center we should be sending our 485 application. I have applied for I140 from Nebraska, can I apply for 485 in Texas...
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techskill
11-21 12:48 PM
Dear Mehul,
I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
If everybody prays together even GOD cannot resist.
I agree with WeShallOvercome and logiclife.
We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.
I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
If everybody prays together even GOD cannot resist.
I agree with WeShallOvercome and logiclife.
We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.
more...
nozerd
05-04 07:32 AM
Khodalmd
Read carefully
Its says either
Masters degree or higher from US Univ
or
Masters in STEM with 3 yrs experience.
So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.
They havent specified STEM for US Univ educated applicants
Read carefully
Its says either
Masters degree or higher from US Univ
or
Masters in STEM with 3 yrs experience.
So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.
They havent specified STEM for US Univ educated applicants
noone2day78
09-22 05:30 PM
Received FP notice today. The online tracker says following:
Current Status: Case received and pending.
On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.
My lawyer confirmed that the application was posted on august 2nd 07.
Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?
Current Status: Case received and pending.
On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.
My lawyer confirmed that the application was posted on august 2nd 07.
Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?
more...
kg318
04-20 09:23 PM
thanks a lot guyz for all ur replies. My only concern is can they claim the GC expenses(lawyer fee and advertisement costs involved in PERM filing) as the expenses they incurred because of me leaving the company if they file a law suit using non compete. There is no other expense relocation, training or another kind of expense that company has incurred for me(not a single penny except h1b filing). and one more thing i want to let u know is that i am workign with the same client just changed my h1b to PF. Will that be a trouble??? As i have already mentioned earlier in the agreement of company A with PF when i joined the company clearly specifies that PF can take me immediately upon my termination with company A.
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makemygc
07-02 09:14 AM
Sent via USPS
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
more...
anzerraja
07-20 10:17 AM
Sam2006,
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
nice job guys
I think we should extend it till monday atleast
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
nice job guys
I think we should extend it till monday atleast
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CADude
08-02 11:04 AM
Your check will be cashed any day now. :)
My case was received by NSC on Jun 25th. No word yet. My I-140 is from Texas. Very worrying situation,
My case was received by NSC on Jun 25th. No word yet. My I-140 is from Texas. Very worrying situation,
more...
hpandey
09-09 11:16 AM
It is depressing to see that nothing has changed much since the last post in this thread in 2007!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
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EB3Ind
09-03 11:41 AM
Hi,
today uscis site updated for my spouse regarding EAD card for card produciton.
applied july1st 2008
lud july 8th 2008
card production on site: 09/03/08
today uscis site updated for my spouse regarding EAD card for card produciton.
applied july1st 2008
lud july 8th 2008
card production on site: 09/03/08
more...
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rajesh_kamisetty
07-04 08:05 PM
Mine reached on July 2nd 10:30 am. I really hope they don't send my application back... and slip in through this process hahahahaha
bibboy,
I appreciate your contribution to IV..
BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.
bibboy,
I appreciate your contribution to IV..
BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.
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go_gc_way
06-23 12:21 PM
I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC
$ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.
I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.
$ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.
I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.
more...
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snathan
02-11 03:03 PM
^^^^^^^^^^^^
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franklin
07-09 11:46 PM
Please do find if U need permission from local law enforcement before holding the protest.
Yes, we have already initiated this process.
Vsach and all those interested in coming or organizing. The effort is being led by the Northern California State Chapter - please join up for more details (in sig)
Yes, we have already initiated this process.
Vsach and all those interested in coming or organizing. The effort is being led by the Northern California State Chapter - please join up for more details (in sig)
more...
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mike_2000_la
06-08 01:17 PM
yea...you are right...it seems they are not processing anything today..
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
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vbkris77
05-01 12:56 PM
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
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tonyHK12
02-08 06:00 PM
thanks kumar4875, new2gc for your contributions.
Amount raised = $1450.00
Contributions needed = $48,550.00
We are behind on funding for this effort and need at least $1000 raised everyday to have a successful advocacy effort.
Amount raised = $1450.00
Contributions needed = $48,550.00
We are behind on funding for this effort and need at least $1000 raised everyday to have a successful advocacy effort.
bluesky1
10-08 01:20 PM
Getting really worried now! What happened to our packages? I asked my lawyer and he said all the applications filed together with mine have received receipts except mine? Is that normal? Did you guys ask your lawyer? Did the applications filed together with yours all get receipts?
NKR
10-03 08:35 AM
My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?.
Could you tell me your PD, RD, ND and service centre please?..
Could you tell me your PD, RD, ND and service centre please?..
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