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  • gc28262
    07-28 01:48 PM
    Judge blocks parts of Arizona immigration law - Yahoo! News (http://news.yahoo.com/s/ap/us_arizona_immigration;_ylt=AgcIIY.ht_GJNzOqM3G8sH 6s0NUE;_ylu=X3oDMTNta2N1b3FnBGFzc2V0A2FwLzIwMTAwNz I4L3VzX2FyaXpvbmFfaW1taWdyYXRpb24EY2NvZGUDbW9zdHBv cHVsYXIEY3BvcwMyBHBvcwM3BHB0A2hvbWVfY29rZQRzZWMDeW 5fdG9wX3N0b3J5BHNsawNqdWRnZWJsb2Nrc3A-)

    PHOENIX – A federal judge dealt a serious rebuke to Arizona's immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.

    The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation's toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge's order overturned.

    But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person's immigration status while enforcing other laws.
    The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places — a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.

    "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," Bolton, a Clinton appointee, said in her decision.

    She said the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m. Thursday.
    The law was signed by Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar law elsewhere, prompted a boycott against the state and led an unknown number of illegal immigrants to leave the state.

    Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the country for illegal immigrants, and the border is awash in drugs and smugglers that the state badly wants to stop.

    "It's a temporary bump in the road, we will move forward, and I'm sure that after consultation with our counsel we will appeal," Brewer told the Associated Press. "The bottom line is we've known all along that it is The responsibility of the feds and they haven't done their job so we were going to help them do that."
    The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

    In a sign of the international interest in the law, about 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when speakers told them about the federal judge's ruling. The demonstrators had been monitoring the news on a laptop computer on the stage.

    The crowed clapped and started chanting, "Migrants, hang on, the people are rising up!"
    Gisela and Eduardo Diaz went to the Mexican consulate in Phoenix on Wednesday seeking advice because they were worried about what would happen to their 3-year-old granddaughter if they were pulled over by police and taken to a detention center.
    "I knew the judge would say that part of the law was just not right," said Diaz, a 50-year-old from Mexico City who came to Arizona on a since-expired tourist visa in 1989. "It's the part we were worried about. This is a big relief for us."
    Opponents argued the law would lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.
    "There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. She added that a requirement of the law that police determine the immigration status of all arrested people will prompt legal immigrants to be "swept up by this requirement."
    Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries.

    Bolton noted that the expected increase in immigration checks from Arizona will divert federal resources away from other priorities and said the federal government has shown that it's likely to succeed on its claim that such mandatory checks under the Arizona law would be trumped by federal law.

    Responding to the ruling, Justice Department spokeswoman Hannah August said that the agency understands the frustration of Arizona residents with the immigration system. She added that a wide range of state and local policies would seriously disrupt federal immigration enforcement.
    Brewer's lawyers said Arizona shouldn't have to suffer from America's broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.

    Brewer is running for another term in November and has seen her political fortunes rise because of the law's popularity among conservatives. It's not yet clear how the ruling will affect her campaign, but her opponent was quick to pounce.
    "Jan Brewer played politics with immigration, and she lost," Arizona Attorney General Terry Goddard, a Democrat. "It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy."
    Republican Rep. John Kavanagh, one of the law's top supporters, said he was disappointed by the ruling and that he expects it to ultimately end up being decided by the U.S. Supreme Court.
    "I don't think the judge's statements in the hearings justify this ruling," Kavanagh said. "I don't think the law justified her injunction."





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  • srinivas_o
    08-22 02:18 PM
    Hello guys,

    My I-485 status was showing that a document was mailed on Jul 18th to the address on the file. I have changed address on July 5th online and got notification about that the address is changed. But the document which was send on July 18th I have not received it. I have called USCIS customer service and they are asking me to contact local service center and I could not get the contact number. Does anybody have that number? I called 3 times and they just told that and hung up on me. They are saying we cannot give you any service update. BTW, my case is pending at TSC.

    Thanks in advance.





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  • nk2006
    11-12 10:15 AM
    Hi Connecticut members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/showthread.php?t=22182

    It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.





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  • ski_dude12
    12-02 01:10 AM
    This is after the dates were pushed back to 2003. There was no movement for a few months. Hopefully they are starting to process the apps in order now.

    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.



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  • gcwait2007
    12-22 09:14 AM
    Once again Thanks, Bestin.

    I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.

    I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.

    I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?





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  • hinvin66
    05-05 04:44 PM
    Rental income, stock dividends and interest are allowed under passive income. Passive income is allowed for H1-B (I had/have a rental property in a different state in the US, while I was still on H1B. It's a different matter that I am an EAD now...)

    Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.

    If it's confirmed to be passive - go ahead and make money.



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  • invincibleasian
    03-02 02:05 PM
    H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!

    What with the UK docs coming to the US...I know for a fact that competition has increased

    A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!





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  • GCBy3000
    07-24 12:09 PM
    only members who have not yet contributed use this thread to tell others why you have not made a decision on contribution. Again contribution to IV is not mandatory.

    We have 20K members and 1-2k contributors. So this thread should see at least 15k members with their views on IV.

    Below are some posts you could use. This will help.

    1. I dont want to contribute.
    2. I want to contribute but not now, may be later.
    3. I am planning to contribute.
    4. How to contribute, I dont know.
    5. I will contrubute right now.

    etc etc.

    I know, not even a single response will be posted to this thread. :)



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  • Desertfox
    11-14 01:51 PM
    Following are the answers to your questions. :)

    I have a question for you too: How are you contributing to Immigrationvoice?

    Dear All ,
    I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
    1.Am I still on H1 status or the status now becomes EAD ?
    You are on H1 unless you request your employer to update your I-9 with EAD.
    2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
    Your H1 is not good after it expires. You have to get extension to be in H1 status. Stamping from India would be required if you travel to India with expired stamp on your passport and you choose not to use your AP to return to US.
    3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
    There is no time limit.
    4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
    You can renew your passport in US and following are the links for Indian Consulates in USA.
    Embassy of India, Washington DC http://www.indianembassy.org/newsite/default.asp
    Consulate General of India, Chicago, USA http://chicago.indianconsulate.com/
    Consulate General of India, Houston, USA http://www.cgihouston.org/
    Consulate General of India, New York, USA http://www.indiacgny.org/
    Consulate General of India, San Fransisco, USA http://www.cgisf.org/


    Thank you very much in advance.

    Anci.





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  • immihelp1
    10-12 09:57 AM
    you can show either passport or driving licence. They won't ask anything in specific.

    It's your call

    Thanks,



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  • Blog Feeds
    07-13 12:48 PM
    I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.

    In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.

    Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.

    Proof of U.S. Citizenship

    You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:


    A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.


    A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.


    A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.


    A copy of your unexpired U.S. passport. OR


    An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.





    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)





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  • AZ_GC
    08-28 04:45 PM
    Hello fellow IV members,

    I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

    Thanks for your help.

    This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21



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  • Norristown
    10-09 01:32 PM
    I don't know many people are eagerly looking for Nov bulletine. I am almost done with looking for any hope in near future. Most of EB-2 guys might be following these bulletines. If there are some indications that dates are changing then we see lot of traffic on this forum , otherwise just like sleeping dog!





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  • samrat_bhargava_vihari
    02-12 09:59 AM
    Oh NO, if this happens then it will close the last door on many people.
    yeap and may move EB2 dates??



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  • katrina
    05-20 10:44 AM
    I had not read that one...If cornyn amdmt gets through we are in a good shape then...

    I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.





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  • hpandey
    10-26 10:51 AM
    Non - English speaking or not isn't it the responsibility of the driver of the vehicle to drive following the rules of the Road. Why make a U-turn where it is not allowed. Why turn when it is written NO turn on Red. Is it the fault of the sign that you cannot read English.

    US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. The DMV cannot post sign in hundreds of languages that different people speak.

    If the driver violated the law he must be given a ticket unless it is his first offence when a warning would be sufficient. Rules are meant to be followed.



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  • gc_buddy
    09-12 09:54 AM
    I believe the consulates aborad depend on the information on the internet.

    Some times they try to verify the information of the company such as the kind of business the company is into that the applicant is talking by doing a google search. It happened at one of my interviews..

    They do all on the fly when the interview is happening. I could see the interviewer typing Google and then the name of the company..



    I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

    RFEs or Denials May Not Be Based on Wikipedia Information

    The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

    It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

    Link http://www.murthy.com/bulletin.html





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  • Green.Tech
    08-03 05:11 PM
    AFAIK, one can amend the EB-3 485 petition and inform USCIS to use the new EB-2 labor and 140 for the same 485 application from before. I don't think that a new 485 needs to be filed in this case. I may be wrong though.

    Anyone has any legal insights into this?





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  • chansek
    07-21 11:33 PM
    Hi,
    Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.

    Thank you.
    chansek





    karthkc
    03-18 01:38 PM
    what is GC sponser? ABC company couldnt find a project for me. So i am on bench.

    GC Sponsor is the employer who has started your Green Card process...

    How did you get your EAD?





    NKR
    09-30 09:29 AM
    Its hard to gauge what they are trying to do here by mentioning that the processing dates are accurate only as of July 31, 2008. But just attempting to make a few guesses. I might be totally wrong though

    - May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.

    - May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.

    Dude, you reasoning does makes sense in this thread and in the other thread where people are talking about asking for accountability.

    On a side note, I notice that your PD is in 2001 and your id is optimistic. Hope you keep the optimism alive�

    Take an infopass appointment to know if your name check is cleared. I did the same, I couldn�t find out what was happening to my case, but I did find out that my background is cleared.



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