Oppose illegal amnesty notions those could impact legal immigration system

Rose101

Registered Users (C)
As a legal immigrant applicant, I have no option except to oppose on any amnesty decisions those have impacts on legal immigration system in USA. Especially as an EB3 applicant, I oppose 245i applicants to block the way of legal EB3 applicants. I am just wondering if there is any legal solution available for a common action to fight to protect legal immigration VISA numbers to make those unavailable to 245i applicants. To make no mistake about it, it is not against 245i applicants, it should be against common justice so that an amnesty should follow to create additional supply of VISA numbers and resources.

Any opinions by legal experts please ?
 
You are right. When they allow 245i or some other illeagals to apply GC at the same time they should inclease number of GCs per year. They did not do this.
 
This is done delibrately

At the time of the clinton government this 245(i) legislation get approved to get advantage of the political situation. DOS told them that this will be the problem and whole immigration system will choke but they said go ahead and do it.
My question to all of us is that within a quota of 140,000 if you see 350000 people come in front of line what do you expect. It will simply take 2.5 years to clear them then the next quota will be available for us.
I simply dont understand why they dont want to allocate separate quota for illegals. What is the difference in people coming here legally paying taxes and obeying law and the illegals who dont pay anything and liviing here illegally.
Seems like the law makers and the people in congress and senate dont want to treat legals and illegals differently. For them immigrants are just legal plus illegals and same sort of laws applies to them.

Good Luck to all.
 
Illegals ...

kamrans said:
At the time of the clinton government this 245(i) legislation get approved to get advantage of the political situation. DOS told them that this will be the problem and whole immigration system will choke but they said go ahead and do it.
My question to all of us is that within a quota of 140,000 if you see 350000 people come in front of line what do you expect. It will simply take 2.5 years to clear them then the next quota will be available for us.
I simply dont understand why they dont want to allocate separate quota for illegals. What is the difference in people coming here legally paying taxes and obeying law and the illegals who dont pay anything and liviing here illegally.
Seems like the law makers and the people in congress and senate dont want to treat legals and illegals differently. For them immigrants are just legal plus illegals and same sort of laws applies to them.

Good Luck to all.

kamrans,

Its very simple. It is favorable for the US government to grant amnesty to illegals because that brings them into the fold. They start paying taxes and stop draining the system without contributing. Us legals have always been paying taxes and follow all the rules (most of the time anyway) so its not in their interest to make our process any faster. Businesses stand to gain from cheap H1-B labor and the government gains from our taxes because we pay them and are not even eligible to collect them till we get our GCs. That is the truth about this system. Finally the US govt also knows that most legals will continue with this process at almost any cost so they don't even think twice before passing ridiculous laws .... whats the point of debating this issue. We all know that almost 80-90% of us legals will stick around even if it takes another 5 years. There is just no point in thinking about it anymore ..

regards,

saras
 
In my opinion, Only a legal battle if possible is the only way

Well. If I am a millionaire, I will put a million towards a legal action to get a stay order to stop this injustice being done to legal immigration folks all by politicians. Since I am still not, I can put a 1000 bucks right now as my contribution if a united legal action is sought to stop illegal 245(i) applicannts using VISA numbers.

What expert lawyers who genuinely support legal immigrants can say about this ?
 
Rose101, I attempted to bring the same topic and vision before. I think the only real solution - or least a strong paralel route to be explored with other venues are in place - would be by triggering a lawsuit. I am not a lawyer therefore I do not know which angle you could explore. I brought this up to IV and the answer was always 'no', because they don't see laws in the books which could address this in our favor. However, how about trying to explore the "human" side of this ? In this country we see people suing others left and right for the most absurd things. Yet we have a so rational issue on our hand and we can do nothing. How about the social security benefits that we pay ? I am wondering if by exploring that, the government would pay attention to react or lose billions of dollars in revenue from us ? We would need to talk to a smart lawyer about it.


Rose101 said:
Well. If I am a millionaire, I will put a million towards a legal action to get a stay order to stop this injustice being done to legal immigration folks all by politicians. Since I am still not, I can put a 1000 bucks right now as my contribution if a united legal action is sought to stop illegal 245(i) applicannts using VISA numbers.

What expert lawyers who genuinely support legal immigrants can say about this ?
 
GCDreamer2006

Thank goodness you have already tried to explore this. There may be other stories too if posted here will be useful for us. I believe there must be some efforts on this before but I am not aware of it. I am really amazed that IV could not see it. I can understand if some immigration lawyers do not see it becasue they do not want loose 245(i) business. I am not a lawyer too. Some legal personality from IV or legal immigration sympathetic lawyers should say something about it. I am prepared to sit without GC for another 2 to 3 years and we need not leave this topic of injustice even if we get GCs. We have a complete control to form a strong opinion and work for a cause of legal immigrants. It is about the law and order of this host country where we are going to live ever after.

GCdreamer2006 said:
Rose101, I attempted to bring the same topic and vision before. I think the only real solution - or least a strong paralel route to be explored with other venues are in place - would be by triggering a lawsuit. I am not a lawyer therefore I do not know which angle you could explore. I brought this up to IV and the answer was always 'no', because they don't see laws in the books which could address this in our favor. However, how about trying to explore the "human" side of this ? In this country we see people suing others left and right for the most absurd things. Yet we have a so rational issue on our hand and we can do nothing. How about the social security benefits that we pay ? I am wondering if by exploring that, the government would pay attention to react or lose billions of dollars in revenue from us ? We would need to talk to a smart lawyer about it.
 
UN, how about that idea that you said that it seems USCIS used quota from EB3 World and reallocated to another country ? (India I think)

Is that true or just a rumour ?



unitednations said:
Where is the lawsuit in this?

If USCIS is breaking the law then you can sue.

USCIS is not breaking the law; therefore, can't sue

Only thing you could try to do is change the law. Hasn't been too much success in this so far.

Also, be careful of fighting the cause of "legal immigrants". If USCIS went to zero tolerance there will be a lot of people who consider themselves legal immigrants to get their cases denied.
 
Thanks UN for looking into this.

Fighting only for Legal immigration is in a broad sence. 0 tolerance policy is an impractical way. For example if cops implement speed limits strictly then majority of drivers on roads are violators. So barring minor or technical violations, all regular immigration pursuants who came to this country legally and maintain legal status should be protected if not rewarded.
An amnesty is possible for millions of illegal immigrants in this country but if there is no increase in VISA numbers or way to treat them separately to sustain new traffic into the legal iimigration system, it is a short sightedness.

Yes. I respectfully agree that a law change is a solution but it is hard to achieve. A single litigation sometimes may make a clear point to lawmakers of this stalemate, but finding a law-breaking scenario is the key. I do not know if we can certify that USCIS is doing everything as per law and I am just curious to know if not. Also what we have in control is our opinion. We can vehemently oppose any form of amnesty with out a separate provision of resources or VISA numbers.


unitednations said:
Where is the lawsuit in this?

If USCIS is breaking the law then you can sue.

USCIS is not breaking the law; therefore, can't sue

Only thing you could try to do is change the law. Hasn't been too much success in this so far.

Also, be careful of fighting the cause of "legal immigrants". If USCIS went to zero tolerance there will be a lot of people who consider themselves legal immigrants to get their cases denied.
 
Few yeras ago I recall I heard all in the news that a judge ruled in favor of greencard applicants during a case in which workers would be about to be dismissed from a Federal job or something like that due to lack of greencard (or was it citizenship?).

I don't have specifics with me now, but I am just wondering whether isn't it a situation similar to ours ? A lawsuit may also bring media attention to the situation, regardless of its outcome.

Regarding opposing any bill which contains illegal immigration, personally I think that makes sense. You are standing there waiting in the queue to watch the Mariners game. All of sudden you hundreds of people breaking the line and getting there ahead of you. Although you don't want to get involved in policing anything, it gets to a point in which you have to protect your interests and at minimum denounce that.

I fully support the SKIL bill. If that is going to be considered on a timely manner for me, that's another story though.


Rose101 said:
Thanks UN for looking into this.

Fighting only for Legal immigration is in a broad sence. 0 tolerance policy is an impractical way. For example if cops implement speed limits strictly then majority of drivers on roads are violators. So barring minor or technical violations, all regular immigration pursuants who came to this country legally and maintain legal status should be protected if not rewarded.
An amnesty is possible for millions of illegal immigrants in this country but if there is no increase in VISA numbers or way to treat them separately to sustain new traffic into the legal iimigration system, it is a short sightedness.

Yes. I respectfully agree that a law change is a solution but it is hard to achieve. A single litigation sometimes may make a clear point to lawmakers of this stalemate, but finding a law-breaking scenario is the key. I do not know if we can certify that USCIS is doing everything as per law and I am just curious to know if not. Also what we have in control is our opinion. We can vehemently oppose any form of amnesty with out a separate provision of resources or VISA numbers.
 
245i is nothing compared to Ronald Reagan's amnesty in the 80's. All immigrants whether legal or illegal have the same goal in this country so I find it laughable that "some" of the supposed legal immigrants are thinking of stopping the 245i process :D They all want a better life period. To sit and judge others without knowing their individual situations is pathetic. :eek:
 
So whats the next step.

Can we make a call to all legal immigrants (who got affected) and do a relay of walk in washington or state capital?

Sitting and talking and debating in this forum is useless, We need to take some drastic action before the Fiscal year starts for USCIS.

Illegal in this country went forward and showed their strength, that why don't we come up? Is this because we are educated and wanted to do diplomatic way?

Please come up with an idea.

GCLover007
 
kamrans said:
At the time of the clinton government this 245(i) legislation get approved to get advantage of the political situation. DOS told them that this will be the problem and whole immigration system will choke but they said go ahead and do it.
My question to all of us is that within a quota of 140,000 if you see 350000 people come in front of line what do you expect. It will simply take 2.5 years to clear them then the next quota will be available for us.
I simply dont understand why they dont want to allocate separate quota for illegals.

Well first off there should be NO QUOTA for illegals. Illegals are just that, illegal and should get nothing but a 1-way ticket to where they came from.

But reality dictates something else. 85% or so of illegals are Mexican/Central American. Hispanics are the wave of the future, now making up about 15% of the population and a VERY young population. Politicans - caring only about votes - want to pander to this group and buy their votes, hence illegals get amnesty. Trust me, if 85% of illegals were from India and Indians made up 15% of the US populations, you all would be getting amnesty too.

It is an awful situation and every legal immigrant who has played by the rules, waited his turn in line is getting the finger right now. But, unfortunately I just don't see a viable alternative.
 
Illegals demonstrations

Another things is that these demonstrations are going on. We have big demonstration scheduled today in downtown chicago against mass deportations.
 
envision

The point is not to oppose 245(i) applicants to get their GC. Ofcource, I sympathise with all illegal immigrants and wish that there should be a survey to find total number to allocate additional VISA numbers before giving amnesty or introdcing a new addition to existing immigration system. And it is not against them or judging them. We oppose using current VISA numbers by 245(i) applicants and we oppose any amnesty proposals without additional provisons of VISA numbers and resources. Is not it practical to take two cars if we have more passengers instead of crowding into one car ?

envision said:
245i is nothing compared to Ronald Reagan's amnesty in the 80's. All immigrants whether legal or illegal have the same goal in this country so I find it laughable that "some" of the supposed legal immigrants are thinking of stopping the 245i process :D They all want a better life period. To sit and judge others without knowing their individual situations is pathetic. :eek:
 
Yes. I agree with this. That is most desired.

But as per expert saying of UN, there is no ground for any kind of lawsuit. Unless if Legal experts could see a point to ponder, a clever lawsuit is not possible. Any other legal opinions on this ?

GCdreamer2006 said:
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A lawsuit may also bring media attention to the situation, regardless of its outcome.
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It is a good thing that is nothing compared to Reagan's amnesty, otherwise instead of sending the Employment Base applicants to cut-off dates in 1998, I guess we would be at 1938 by now ?

What is laughable is people coming here trying to take advantage of the system and fool people with rethoric. I think it is natural that people take advantage of this system, but at minimum recognize that collateral effects exist. We all want a better life, nothing special there. That doesn't change the harm that has been done and it can be done to us.



envision said:
245i is nothing compared to Ronald Reagan's amnesty in the 80's. All immigrants whether legal or illegal have the same goal in this country so I find it laughable that "some" of the supposed legal immigrants are thinking of stopping the 245i process :D They all want a better life period. To sit and judge others without knowing their individual situations is pathetic. :eek:
 
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