chi_shark
02-23 12:51 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
wallpaper Episode 1 - Rinspeed Squba
tinamatthew
07-20 12:37 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
manish_jain99
09-10 04:46 PM
I won't be able to join the Rally in Washington but can contribute some money to the cause that binds us all.
2011 Rinspeed Amphibious Cars
diptam
10-02 01:11 PM
Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
I've sent an email as well to Ombudsman a week before i sent my Form 7001.
Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.
So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.
Lets see what they says now.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
I've sent an email as well to Ombudsman a week before i sent my Form 7001.
Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.
So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.
Lets see what they says now.
more...
ragz4u
03-08 10:28 AM
This is the right link. It is very clear today. Interesting discussion.
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame
ItIsNotFunny
10-21 11:24 AM
I have sent the email to Cisombudsman and will update the poll also.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
more...
jonty_11
07-06 12:29 PM
Have all those visas made available been used up so far by USCIS? I doubt it.
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS...
Its a big scandal....Just to prevent us from filing...
They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS...
Its a big scandal....Just to prevent us from filing...
2010 Lincoln MK9 Concept, 2001
yoda
09-11 11:20 PM
Thanks for your thread on this Pappu, I was just about to create this thread.
So here goes the first draft:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Dear XXXX,
Thousands of SKILLED LEGAL professionals, such as Scientists, Doctors, University Professors, Engineers, MBA's, Health Care Professionals and other professionals from all over the country who have contributed billions to the US ecomony are planning to participate in an unprecedented rally in the nation's capital on Tuesday, Sept. 18th to draw the attention of US lawmakers and American public towards excessive delays and backlogs in the Employment based Immigration system.
A group of rally participants from [your state] is meeting with Senators XXX and XXX with the hope of taking their help in supporting legislative changes to the Employment based Immigration system.
This peaceful rally is being organized by Immigration Voice (http://immigrationvoice.org), a grass-roots advocacy group of high-skilled legal immigrants.
For more information, please visit the following links:
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.pdf
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.doc
Since this is an unprecedented event from a very quiet group who have always remained in the sidelines of the recent Immigration debates, please provide visibility to this event so the plight of these law abiding, tax paying, highly educated people is spread among a larger group of people that would help drive the required legislative changes.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
State coordinators, please take up this responsibility and work with your team to get this done. I will be coordinating with the people in NH and MA. Lets fire off on all the cylinders now for the final big takeoff...
So here goes the first draft:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Dear XXXX,
Thousands of SKILLED LEGAL professionals, such as Scientists, Doctors, University Professors, Engineers, MBA's, Health Care Professionals and other professionals from all over the country who have contributed billions to the US ecomony are planning to participate in an unprecedented rally in the nation's capital on Tuesday, Sept. 18th to draw the attention of US lawmakers and American public towards excessive delays and backlogs in the Employment based Immigration system.
A group of rally participants from [your state] is meeting with Senators XXX and XXX with the hope of taking their help in supporting legislative changes to the Employment based Immigration system.
This peaceful rally is being organized by Immigration Voice (http://immigrationvoice.org), a grass-roots advocacy group of high-skilled legal immigrants.
For more information, please visit the following links:
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.html
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.pdf
//http://www.touchdownusa.org/RallyCentral/WashingtonDCRallyPressRelease.doc
Since this is an unprecedented event from a very quiet group who have always remained in the sidelines of the recent Immigration debates, please provide visibility to this event so the plight of these law abiding, tax paying, highly educated people is spread among a larger group of people that would help drive the required legislative changes.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
State coordinators, please take up this responsibility and work with your team to get this done. I will be coordinating with the people in NH and MA. Lets fire off on all the cylinders now for the final big takeoff...
more...
vijay1974
09-10 02:13 PM
IV team!
Thanks a lot for your efforts. I have 2 kids and those are boys :). Coming to rally and managing those mischieves little moster is very tough for us.
I have conntributed $100 and will contribute more in future.
Order Details - Sep 10, 2007 2:33 PM EDT
Google Order #832082755081300
Thanks a lot for your efforts. I have 2 kids and those are boys :). Coming to rally and managing those mischieves little moster is very tough for us.
I have conntributed $100 and will contribute more in future.
Order Details - Sep 10, 2007 2:33 PM EDT
Google Order #832082755081300
hair 2008 Dodge Avenger R/T
santb1975
06-13 01:42 AM
will we reach 20k atleast??
more...
payal_nag
11-15 12:29 PM
Live in Tustin Ranch and work in Irvine, Orange County.
hot Hummer H1 Alpha Concept, 2001
ind_game
05-18 10:52 AM
I had another LUD on 05/18/2009 my I-485 case. Not sure what they are looking for in my file.
more...
house 2001 FIAT Scudo 1.9 D EL Van
9years
12-10 08:15 AM
We have received cards yesterday. It took one week from approval of I-485 to Physical cards. We are happy at the end everything went well. I wish all of our friends best of luck for all their immigration wishes.
<I>Note: I noticed that physical cards envelope does not have any USCIS stamp or from address. After seeing that I thought it is some credit card company mail and kept away(didn't through out). Later when we opened, there are cards in it. This is just to let other know(F.Y.I) envelope does not remind any USCIS.</I>
<I>Note: I noticed that physical cards envelope does not have any USCIS stamp or from address. After seeing that I thought it is some credit card company mail and kept away(didn't through out). Later when we opened, there are cards in it. This is just to let other know(F.Y.I) envelope does not remind any USCIS.</I>
tattoo 2008 Dodge Avenger R/T
amdn123
09-10 02:01 PM
I guess we have till September 30 to hope for approval.
PD Nov 2005.
PD Nov 2005.
more...
pictures 2008 Dodge Avenger R/T Fremont
JunRN
09-28 07:43 PM
Hopefully, they can repeat the same madness again and do it for good this time around.
Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.
So ROW and Philippines filers, hang-on!
Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.
So ROW and Philippines filers, hang-on!
dresses Pontiac Aztek Concept 1999.
CaliHoneB
07-24 01:56 PM
Pardon my intrusion here! I searched various forums but I couldn't get any solid threads on visa number because it is so common term the search always yields wrong threads! so can some one tell me..what is a visa number after filing 485? is it same a A # ? or is there another number besides A#? Do we see it on 485 reciept? if not how do I find out? I
They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE
They have preassigned Visa numbers to cases that were pending in USCIS(NOT the ones filed in JUNE)...even though the PD was not current according to June Visa Bulletein... Eg: COnsider your approval and mine..We filed for 485 in 2004.. These cases are preadjudicated and just waiting for Visa number to become avilable..Once the july bulletein came into effect(or according to rumor even before) they assigned visa numbers to all pre approved cases that were pending...AGAIN USCIS DID NOT ASSIGN VISA NUMBERS TO CASES FILED IN JUNE
more...
makeup Dodge Avenger 2009 Black.
amitjoey
07-18 04:58 PM
Contributed $100 for now through Google checkout. Will be giving more eventually. :)
Appreciate it.
Appreciate it.
girlfriend 2015 Audi R5 Wallpapers
Administrator2
03-12 06:26 PM
All,
Please understand few basic facts.
Much of the work that we do is not on the website but behind the scene.
We need resources to carry the message to the lawmakers.
Resources are contributed by the members.
All members do not contribute, and then there are those who contribute.
We have created a specific area on the website where more serious members who are willing to open their wallets, could actively participate, and that will enable us to enlist more active members for the work that we do behind the scene.
Its just one way for us to recruit serious members to help us with more active work and at the same time help to continue with the organizational goals.
From time to time, we will also seek advice from the contributing members. And when we need more help, we will reach out to everybody on the website.
Rest of the area on the forum will continue to be the way that it is right now and every member will continue to access it the way you access it right now.
We are soon going to introduce new and more helpful features for everyone.
Which part of this is not fair? Why can't we all get along? Why do we have to argue and fight over everything?
Please, its not helping this way.
Please understand few basic facts.
Much of the work that we do is not on the website but behind the scene.
We need resources to carry the message to the lawmakers.
Resources are contributed by the members.
All members do not contribute, and then there are those who contribute.
We have created a specific area on the website where more serious members who are willing to open their wallets, could actively participate, and that will enable us to enlist more active members for the work that we do behind the scene.
Its just one way for us to recruit serious members to help us with more active work and at the same time help to continue with the organizational goals.
From time to time, we will also seek advice from the contributing members. And when we need more help, we will reach out to everybody on the website.
Rest of the area on the forum will continue to be the way that it is right now and every member will continue to access it the way you access it right now.
We are soon going to introduce new and more helpful features for everyone.
Which part of this is not fair? Why can't we all get along? Why do we have to argue and fight over everything?
Please, its not helping this way.
hairstyles Pontiac Aztek Concept 1999.
qualified_trash
01-03 04:22 PM
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........
I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........
It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........
I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........
I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........
It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........
vegasbaby
02-25 11:09 AM
To those with H-1 extension issues:-
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
I applied for H1 extension 6 months ago and a month back changed to premium processing. I had got an RFE from regular dept and very same day made my application to premium processing. Now my application got approved without having to respond to RFE.
The RFE was employer-employee relationship and thats one bad RFE! Premium processing dept people are more experienced and better. Go premium on your H1!
Also, when on H-1 you can get promotion. there is no issue. It is called natural progression in job.
Have fun guys. In my opinion grass always looks greener on the other side. I think US is always better. Also, if you are single and EB2, you can make use of cross-chargeability to get your green card! Goodluck.
I don't think they are more experienced..I think they just need the more $1000 bucks that we pay..Money talks..
susie
07-15 11:30 AM
1 of 2 posts
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
Default No Protection for Nonimmigrant Children Because of the Age-Out Problem
No Protection for Nonimmigrant Children Because of the Age-Out Problem
The Impact US Immigration Laws on Children
The impact of US immigration laws on children generally is profound. This is due to the fact these laws are complex and are written substantially with adults in mind. Overall the immigrant laws try to balance various and sometimes competing aims including (but in no particular order):
* Improving the economy by providing access to skilled foreign workers and investors;
* Ensuring family unification, for citizens, permanent residents and nonimmigrant residents;
* Promoting diversity, such as through the lottery program; and
* Maintaining the security of the nation, through border controls, immigration checks etc.
This article focuses primarily on the issue of family reunification and looks at one specific area in which the US immigration system is failing; the rights of children. One of the intriguing aspects of US laws is the concept of age outs. This separates two categories of children; those under the age of 21 and those who have attained the age of 21.
For example, in relation to immigrant petitions where a family member is being sponsored, the petition may also apply to the spouse and children of the family member being sponsored, but only where the children are under 21 years of age. Unfortunately, immigrant visa processing can take many years depending on the category of sponsorship and, while the petition is pending, many children age out (turn 21 and are removed from the pending petition). This results in situations where siblings are split because the younger ones can immigrate by the time the petition is processed (because they are still under 21), but the older siblings cannot (because they turned 21 while the immigrant petition was pending). The Child Status Protection Act of 2002 aims to address this issue, but does not deal with all circumstances and is not always appropriately implemented causing many families to split.
Another example, and which this article focuses on, relates to nonimmigrant visa holders. Many nonimmigrant visa categories enable the foreign national (�alien�) visa holder to bring their family with them, including their spouse and children (who are under 21). A child could come to the USA, including when they are babies, be brought up in the USA but when they reach 21, unless they have another right to remain in the country, they are forced to go to their country of citizenship or any other country willing to invite them. However, they would have to leave their home and their family in the USA.
Children as Derivative Nonimmigrant Visa Holders with no Direct Path to Permanent Residency
US immigration laws enable many aliens to come to the USA for various purposes. This includes, but is not limited to:
* Investing in the USA, either directly through an E2 visa or through an expansion of a non-US business into the USA through an L1 visa (which enables intercompany transferees);
* Employment opportunities, so US employers could petition an alien on a nonimmigrant basis (for example H-1B (specialty occupations), H-1B1 (Chile/Singapore Free Trade Agreement) and H-1C (nurses)) or multinational businesses with US operations could transfer an alien to its operations in the USA through an L1 visa;
* Aliens with extraordinary ability or achievement through an O1 visa and other workers to assist in the performance of O1 workers through an O2 visa; and
* Religious workers through an R-1 visa.
The above examples are (non-exhaustive) examples of visas on which aliens enter and reside in the USA for a long-term basis. Such nonimmigrant visa holders may also bring their spouse and/or children with them as nonimmigrant holders. These visas for spouses and children are known as �derivative� visas and are valid for as long as the �principal� visa is valid. For example, if an H-1B employee loses their job without getting a new job, not only do they lose their visa status but so do the derivative visa holders.
At first glance this seems to be a reasonable state of affairs. However, there is a unique, but not uncommon, problem that results from �aging out,� i.e. where children who were under 21 come to the USA but lose their derivative visa status on their 21st birthday. They must leave the USA, in effect their home, unless they have another basis to stay home. They will also be split from their Parents and younger siblings who will be subject to same problem when they turn 21, unless of course they were born in the USA in which case they are US citizens (this right does not apply to the children of any person in the USA in the capacity of a foreign diplomat).
Jack, Mary and Sundeep
Consider this. Two children, Jack and Sundeep, come to the USA from the UK as children, because their respective parents are nonimmigrant visa holders. They have no choice in the matter because separation from their families is clearly not an option.
Jack lives in Detroit, Michigan and lived there ever since he arrived in the USA as a derivative visa holder during his kindergarten years. Sundeep lives in Long Island, New York and arrived in the USA as a derivative visa holder when he was 13. Jack and Sundeep both went to high school in their local areas. Jack went to a State funded school and Sundeep went to a privately-funded school. Both Jack and Sundeep have fully established their lives in the USA.
Jack remembers only his US life since he came at such a young age. He embraces his new life, develops friendships and fully integrates into US society by being schooled under the US system. He has an American accent since he was five. Culturally, he is American in every way. He loves his Pizza, hangs out with his school friends, and loves watching films and playing sports. He does very in school. He maintains a 4.0 GPA, is captain of the football team has been elected class President. He aspires to go to university. He wants in particular to go to the University of Michigan and play for the Michigan Wolverines. He is smart enough and good enough to do both.
Sundeep came to the USA much later. He has clear memories of his life in the UK. At first he found it very difficult to adjust to the new system. He had no friends and had to work hard to build friends. He loves soccer and was a West Ham supporter in the UK. He continues to be so. However, people aren�t into soccer in his school. However, by the time he turns 15, Sundeep has made a lot of effort to change. He is fully comfortable with the school system, has grown to understand and love basketball and football, and has made many friends. He is an above average student academically, but does not really have any aspirations to go to university.
Jack sees himself as American in every way. Sundeep also sees himself as an American but realizes and appreciates he has some differences giving him a unique US-UK-Indian cultural identity. Both fully support America in every way including singing the national anthem whenever the opportunity arises such as in school.
Jack also has younger sister, Mary. She was born in the USA and so has a constitutional (14th Amendment) based right to US citizenship. However both siblings have very different rights. When Jack turns 18 he can�t vote, but Mary can vote when she turns 18. Jack can�t join the military, but Mary can. It�s very strange how two people brought up in the same environment can be subject to very different treatment.
Limited Solutions to Aging Out
Adjustment to Permanent Residency Status
The age out problem can be partly circumvented in various but specific ways. However, this means children who have been in the USA for long periods before turning 21 can be subject to very different treatment, simply based on the type of visa their Parent(s) entered the USA on and the type of visa they currently hold.
For example L1 visa holders and employee visa holders may adjust their status to permanent residency. Their employer may later sponsor them for a new employment-based immigrant visa and once this is processed an employee may adjust, with his or her spouse and children (under 21) to permanent resident status.
Most E-2 visa holders do not have a basis to convert to permanent residency. One rare exception may be where the business expands to an investment value of $500,000 in low employment areas or $1million in all other areas and has 10 permanent employees comprised of US citizens and/or permanent residents. In these circumstances the E-2 visa holder may convert to permanent residency on the basis of an EB-5 application. How many businesses in the USA owned by foreign national meet these criteria? Very few! Another rare exception may be where an E-2 visa holder is a single parent and marries a US citizen so that they may apply for an immigrant visa with the children as derivatives. They have to wait for the visa to be processed by the USCIS, but once approved there is no further wait required with the National Visa Center.
However, the permanent residency solution is exceptional. They do not help the children whose parents remain in nonimmigrant status. Further, even where a Parent does become a permanent resident, it does not help children who already reached 21 before an immigrant petition is approved.
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