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asisflyer

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Posts posted by asisflyer

  1. These applications are self funding, but many may be eligible for a fee waiver.

    Obviously it costs a lot to suddenly increase throughput. And the fees have not come in.

    All we have to go by is DACA 1, which introduced significant delays.

    Hi Boiler - Last time DACA has 200,000,000 dollars in budget shortfall due to these waivers.

    If you read the DACA guidelines for the fee exemption they can provide Affidavits from civics group or churches of low income in lieu of proof.

    I think you will find a whole lot of fee exemption !!!

  2. It's an Administrative Court ! Administrative judges! EXECUTIVE BRANCH COURT NOT JUDICIAL BRANCH COURT.

    Not true Article III judicial proceedings. The decision was made not to let the Federal courts be saturated with immigration claims and hence what you have.

    Some lawyers refer to Administrative (executive branch) courts as "Kangaroo".

    The President therefore has command of these courts which are NOT PART OF THE JUDICIAL BRANCH OF GOVERNMENT.

    We should demand a return of Immigration proceeding to true Article III Judicial Courts. There really needs to be a separate branch of Judicial Immigration courts.

  3. Even if those assumptions are correct. What about:

    1. Training time of < 90 days by the 1,000 new staff and time for computers, furnitures, etc.

    2. 20-30 day bottleneck of getting background checks back from other agencies. What if FBI delay on 4 million prints shifts to many months.

    3. AP applications are being tied into DACA now. This will slow AP/EAD for Adjustment cases also. Without DACA/TPS/etc now your EAD cards would already be coming in faster.

    4. Immediate post-DACA, many will exit on AP, come back on AP, File AOS Concurrent causing massive increases in I-485 filings.

    5. Why would the telecommuting issue be broached if it was to be isolated to one center?

    food for thought.

  4. Question about DACA---did USCIS hire more people that time and the backlog still happened? Or is this 1000 hires in Crystal City thing a result of learning from that mistake? Where else along the line can a backlog happen and is that different for K1 vs CR1?

    I saw an interview of a former USCIS Director who was saying 1 - 2 years for a rampup. November through Feb 18.

    This is not enough time for a government office lease and buildout rather than having a fully operating center with trained staff.

    Best source of information is leaked info from the USCIS adjudicators union. Read about the telecommuting programs to free up office space.

  5. I had thought there were tales of AP not being accepted for UK departing flights to US.

    If you were still standing there, I would say to begin with demanding the "station manager" for the carrier at the airport while there. That is generally the highest ranking personnel specific to the airline itself at a given airport or airport terminal in some cases.

    Over the years one encounters lots of check-in staff with limited training who seeing a return ticket to somewhere other than one's passport itself, ask to see a visa and often one has to explain and occasionally escalate. Even in the US.

    I have see an Indian diplomatic passport refused boarding on a Macau to Bangkok route as it was his return ticket and his diplomatic station was not Thai and so he had no Thai visa of any sort. He explained tried to explain transit only. He tried to explain no diplomatic visa was needed for transit or short stay. The airline position was that he had no visa for the country that was final destination on his ticket and so refused him boarding.

    Given where you are now, you milds well send a well written certified letter to the CEO and separately to the Chairman of the given airline. I suspect you can get a free round trip coach ticket out of it.

  6. Do you know of a plugin for this?

    Invision Power is proprietary and so there are less 3rd party modules floating around to choose from as far as I can see.

    A quick look at their SEO guide didn't overtly discuss it.

    I can do a little research or skim their develop guide and look. I have worked with vBulletin, PHPbb, Vanilla, SMF, etc. but never did anything with this Invision product before.

  7. Dear Mr. Wheels,

    I would submit that all Legal Immigrants have a responsibility here to contact Members of Congress, Place Phone Calls, Mail Letters, Contact Media, Sign Petitions, etc. and

    participate in the process.

    I truly believe that if the President sees a petition with 100,000 signatures on it from Lawful Immigrants about this topic, that he will command the USCIS to take

    steps to avoid the delays for lawful beneficiaries and applicants. If what happened in 2013 with delays happens again, it will be because people chose not to participate in our democratic system.

    Send letters and make phone calls. Welcome to our American participatory government.

    I have reached out to the legislative director of my congressional rep to discuss. You can too!!!

  8. Dear OP,

    For starters, I would consider that he is bluffing about turning the card in in the first place.

    You say it's 1R visa. I am going to presume that you meant IR1 since its close enough and you reference 5 years marriage.

    In this case, LPR status is lifetime unless cancelled by an immigration judge or you request its termination.

    If 5+ years married, then you are a Lawful Permanent Resident NOT a Conditional Permanent Resident

    and card issued would be a 10-year green card. No I-751 needed. Congratulations both the Philippines and the U.S. say your worldwide income is theirs !!!

    If you have a valid IR-1 VISA you can use it through its validity. If an I-551 temporary visa stamp - 1 year I believe, OR A physical green card --- you can board the plane directly.

    NOW. If you stay out of the US for more than 6 months as an LPR, then expect to go to secondary on arrival and take a chance. More than 1 year and no Re-Entry Permit, problem.

    In your case, this is only weeks.

    After you arrive in the US. File an AR-11 with your new address immediately. Then File the I-90 and pay $450 for the new green card to go to your new address.

    Of course, this all presumes that your husband has not become vindictive and invented a false tale of manipulation. Even so. In that instance, I would expect the POE to parole you in and let it be heard before an IJ years later.

    You may wish to simplify by retaining counsel in the U.S. to verify situation and offer opinion.

  9. There is more to this.....

    Did your husband earn any income in 2014 in another country? How much. If you put him on your 2014 return, his worldwide income will be taxable!

    Is that worth it for his deduction only ????

    How many days did he spend in USA in 2014? 2013? 2012? 2014 Days + (2013 days/ 3) + (2012 days / 6) .. if > 183.. or > 183 days in 2014... THEN HE PASSES

    THE SUBSTANTIAL PRESENCE TEST and must be a RESIDENT for US tax purposes (exceptions to this are excluded since he filed for immigration)

    I presume his green card was not approved yet in 2014. Whatever year it occurs, the entire calendar year he becomes a resident for tax purposes (retroactive to Jan 1)

    If No Substantial Presence Test and No Green Card in that year, then he is a NON-RESIDENT ALIEN "NRA" and you can write in NRA instead of his social if you do not require his deduction for the year. If you want him as an exemption, he will need an ITN or SSN. No number, no exemption.

    Even if he is a Non-Resident Alien for taxes, you still have the option of treating him/her as resident for tax purposes. If you do this, you will inherit his Standard Deduction (or his itemized) and Exemption and use the Joint Tax Brackets but you will have to acknowledge his WORLDWIDE INCOME.

    Also bear in mind that his Foreign Earned Income Exclusion for a non-US Citizen cannot use BONA FIDE foreign resident test! he has to be 330 day physical presence test, so if your goal is to file jointly and then make his overseas income unearned through a 2555, nope. He would have to meet the 330 day test then to offset his foreign income.

    SO, it depends on your exact situation what is best for you.

  10. I did a lot of research on this sir. I would consider an actual "Underwritten" short term medical plan.

    Check out ehealthinsurance to find some names of short term plans. Then you can go direct to their websites.

    Underwritten short-term health plans with have pre-existing exclusions and cost high deductibles and are not ACA QHP BUT, they will at least be regulated and real.

    As I said before, I always felt safe on those IMG Patriot travel plans linked up through a US PPO but there are a lot of stories of issues.

    FYI As soon as you get married, even if she has no social, she can apply on the Federal Healthcare.gov for coverage on marketplace (unsubsidized) as a 60-day Special Enrollment Period She would refuse any subsidy and pay full price for her plan so that she can say no on the I-485 benefit question at interview !!!! The I-797C for the I-485 is sufficient to show Adjustment to LPR status for qualification.

    Although the social is not technically required for private group insurance plans, they do seem to ask for them and whine about the reasons they need them. Reality is they have no federal authority to demand a social, but good luck explaining that.

    P.S. States with private exchange sites all have different rules. CA for instance only allows AOS to apply with approved immigration petition which effectively excludes Concurrent Filers. The federal one just states Applicants for Adjustment of Status to Lawful Permanent Residence.

    hope this helps.

  11. I am trying to stay upbeat about this...difficult..

    However, at least they have practice with DACA...and the renewals have begun pouring in as well, which sucks. The following link gives a nive overview of numbers from the last program. http://www.pewresearch.org/fact-tank/2014/12/05/if-original-daca-program-is-a-guide-many-eligible-immigrants-will-apply-for-deportation-relief/

    What I am more worried about is the DAPA program starting in May. Ugh. Way more people and a new process. Chances are, I will still be stuck at USCIS by this stage... :cry:

    Good point. Yes the May expansion is massive. Hopefully FBI and USCIS can resolve the background check bottlenecks as well before then.

    The May program is where the parents who gave birth here are forgiven whatever their age. If you snuck in illegally and then had a child in last 5 years and maintained continuous residence, then you are forgiven. Affidavits may be used in lieu of evidence of continuous presence so there may be some people trying to manipulate the program.

    Of course, DACA form seems to be missing all those I-485 questions about the past including public funds and there is no I-864 equivalent where they need a relative to Joint Sponsor surety.

    DACA #2 and now #3 May will mean a massive new influx of border crossing who will wait in anticipated of DACA #4. Now everyone knows that we just have a 5 year cat and mouse game after which you are forgiven. 2 mean 3. 3 mean 4. You can google for some LE opinions on this. The effect is anticipated and they will be increasing presence to try to offset.

    Looks like this thread is banished to the General immigration basement to avoid it being read. Just like all the other threads that question DACA effect on legal immigration benefits.

  12. Hi,

    You seem to understand vaccines and titers, so let me ask you your opinion if you don't mind :)

    Husband still has to go through waiver process so (hopefully approved!) medical is a way out. Thoughts on having his physician here run titers and get vaccinations? Bottom line is, he needs them here if he doesn't have them, so I'm all about getting the prep work done as much as possible.... We can bring the paperwork on the vaccines he gets (and lab results for titers) with us to the medical exam? I should say, he's >30, does not think he ever had chicken pox and absolutely no record of any vaccines (he got a tetanus here about 12 years ago, but that's all we have)

    I'm just anxious to get anything and everything done in advance that we can... while we wait for case numbers and instructions and reviews, why push out timelines further?

    Appreciate your (and anyone's) thoughts.

    Thanks

    Apologies. I didn't notice that this might have been directed at me.

    1. MMR - This has been a combo vaccine in most countries for some time. Often civil surgeons will just run titers on the Rubella and if sufficient, will conclude the MMR was given. In many many developing countries, childhood vaccination programs still take their course. Again, the MMR titer might cost more than the MMR itself. FYI MMR contraindicated in pregnancy, but its your husband as you said.

    2. Chicken Pox - if he says he didn't have it - the he would need varicella. If he "says" he had it. They will not run titers for it. Most will accept verbal on this since its so common. USCIS Civil surgeon practices for the U.S. allows them to interpret like this. Worst case, get varicella. Adulthood chicken pox is much worse so if he did not have it, get it.

    3. TDAP - As a child he should have had DTaPs or maybe DT style without pertussis. A series of higher concentration Tetanus, Diptheria, and Pertussis combos than in the TDAP as they are meant for children to establish initial immunity. That being said, US protocol for an adult with or without prior DTAPs would be to TDaP them. Also many Civil Surgeons will only give TD to be cheap since pertussis is not strictly required but pertussis has a 60% mortality rate on children under 1 years so get it for the sake of your friends, relatives, future family, etc. Insist that you get a TDAP and not a TD. Tetanus is meant to boost every 10 years anyway. Diptheria titers can drop. Titer costs on DTAP will be higher than the cost of getting the DTAP, so just go get the DTAP ! ..... use any clinic you want, write down the LOT #, Brand, Expiration Date, etc. and get a record with a signature on it. You can then hand it to the civil surgeon as proof of vaccination.

    4. Influenza. This is seasonal. So if its after March 30th in the U.S. it won't be required ... Outside of US, the rules are different. I don't know the answers. FYI influenza is contraindicated for pregnancy and can be waived if the woman is pregnant.

    5. Hep B is good to have .. but for an adult aged 30 say, it is not required for USCIS civil surgeon pursuant to CDC standard...... that being said, get it.. ask for a Twinrix which is a Hep A and Hep B combo just in case you needed A also. Cheap in many places, stateside overpriced! Follow up with the 3 or 4 injection protocol. Verify with titers. I had to boost mine 5 times to get titers right. If you think your spouse will work in a public education environment or in healthcare, he would need to get it later for work anyway. Th

    6. TB always needed. of course, you can bring it a recent chest xray and ask he not bother .. he might play ball. IGRA serum check is pricy but now is permitted in lieu of the scratch test which sometimes yields false positives.

    7. Many others are required for children but not for say adult aged 30. Most stateside civil surgeons will presume you had polio.

    These are the broad strokes. There will be some inaccuracy owing to you using a civil surgeon authorized by uscis outside of the US...

    good luck. hope this helped.

    forgive the typos..

  13. Hi Shanelle,

    I just tested the petition 2 congress link and it looks good.

    http://www.petition2congress.com/17276/give-us-citizen-spouse-petitionsaos-priority-before-daca-expansio/

    The whitehouse one needs 150 or it will not show on the site.

    Sending Snail Mail to the LOCAL offices of your Congressional Reps and Senators is much much better than the electronic petition.

    The thing is that most people will not bother.

    I have already sent snailmail to a handful of reps. It is important also important to send snailmail to anyone on DHS oversight since USCIS falls under them.

    I hope with more people like yourself reaching out to their elected representatives, that attention will be brought to the plight of the legal immigration also.

  14. I know this is an old thread, but it is once again very very relevant as the DACA Feb 18 program threatens to delay I-130 and AOS in a way that makes 2012-2013 look like a walk in the park.

    The link below is to another thread which had links to a White House Petition and an Petition Service that automatically emails your Congressional reps and Senators.

    http://www.visajourney.com/forums/topic/534064-aos-delays-from-feb-18-daca-program-petition-merged/

  15. Most likely delayed. In 2012 some I 130 shifted back a year. Take a look at posts from 2012/2013 during the last one. DACA clogs background check process also.

    Also look at USCIS website Question #6 and Answer. They don't say It Won't Affect. They say they will have a look.

    Read between the lines. 1,000 new hires in VA in a few months. No time to handle 4+ million cards.

    Plans to let adjudicators telecommute all over the country to provide office space for new hires.

    Judging from the past. Hard to image it isn't a mess.

    http://www.visajourney.com/forums/topic/534064-aos-delays-from-feb-18-daca-program-petition-merged/

  16. No Re-Direct module to preserve URL after Admins merge or split threads.

    I have seen threads get intraday indexing on google.

    When you merge, the already indexed thread becomes lost traffic. This annoys potential new readers and reduces search engine standing. It is also lost impressions for ad revenues.

    Recommend you find or write proprer re-direct module to preserve the old URL with a re-direct to the new one when you merge. If you do not have that module, then recommend discouraging merge and transfer activity unless it is very important.

    Hope it helps.

  17. Dear VJ Admins, Please consider that the frequent merging, transfers, etc. without a Re-Direct Module to keep the old URL's reduces site traffic.

    VJ lost web traffic over the merging. Abandoned URL.

    Google penalizes sites with frequent errors of these sorts.

    The original URL was indexed on google and other search engines and was deleted with the merge as your site has no Re-Direct feature on merged threads like VBulletin and others have plugins for. Recommend you install or write a similar module.

    Check your logs for this. The thread not found will be among your top errors with very frequent sorting, splitting, and organizing that one sees on the board. The irony is that the attempts to better sort the categories amount to lost traffic and lost readership with abandoned URLs already indexed. Google parses you intraday.

    Specifically on this thread. AOS forum is where those most affected will read. Not general immigration. The abandoned URL and transfer changed readership from hundreds to zero. Same effect as a deletion.

    I thought VJ always wanted to grow and widen viewership and help folks trying for lawful benefits and AOS.

    Both in terms of new reader (new ad revenues) and helping most people, the AOS delay threads should not be tossed into the Basement of General Immigration.

    May I suggest that the site owners make the decision.

    Also I highly recommend you install a re-direct feature that preserves the old decorative URL after merging. Over the years you must have lost thousand of potential new readers over this. This will really make a difference on the site. I would also suggest that you take a more conservative approach to merges and pruning and they reduce breath of URLs indexed with similar keywords and reduce cross-section for organic search engine traffic capture.

    My humble advice.

  18. Dear VJ Admins, Please consider that the frequent merging, transfers, etc. without a Re-Direct Module to keep the old URL's reduces site traffic.

    VJ lost web traffic over the merging. Abandoned URL.

    Google penalizes sites with frequent errors of these sorts.

    The original URL was indexed on google and other search engines and was deleted with the merge as your site has no Re-Direct feature on merged threads like VBulletin and others have plugins for. Recommend you install or write a similar module.

    Check your logs for this. The thread not found will be among your top errors with very frequent sorting, splitting, and organizing that one sees on the board. The irony is that the attempts to better sort the categories amount to lost traffic and lost readership with abandoned URLs already indexed. Google parses you intraday.

    Specifically on this thread. AOS forum is where those most affected will read. Not general immigration. The abandoned URL and transfer changed readership from hundreds to zero. Same effect as a deletion.

    I thought VJ always wanted to grow and widen viewership and help folks trying for lawful benefits and AOS.

    Both in terms of new reader (new ad revenues) and helping most people, the AOS delay threads should not be tossed into the Basement of General Immigration.

    May I suggest that the site owners make the decision.

    Also I highly recommend you install a re-direct feature that preserves the old decorative URL after merging. Over the years you must have lost thousand of potential new readers over this. This will really make a difference on the site. I would also suggest that you take a more conservative approach to merges and pruning and they reduce breath of URLs indexed with similar keywords and reduce cross-section for organic search engine traffic capture.

    My humble advice.

  19. DACA last time also delayed the petition for the EB-5 investors. People who wanted to invest 1 million cash with the promise of a minimum of 10 US jobs created within 2 years.

    I wonder if DACA cases are put in front of National Security / National Interest assets petitions !

    It seems their perspective is that illegal DACAs are Princes and everyone else are the red-headed step-children.

  20. There is a Whitehouse.GOV petition asking:

    NOT TO DELAY AOS & FAMILY PETITIONS

    by putting too many resources to DACA and clogging the system like in 2012.

    If it gets 150 signatures. Then it can be seen by everyone on the site.

    If it then gets 100,000. It will automatically be reviewed by the President's staff.

    http://wh.gov/iT0hq

    Lot's of people are afraid of 1 year wait times on their AOS interviews and EAD cards going well beyond 90 days. DACA cases get the FBI background check and biometrics and those resources can clog even if USCIS hires thousands of new people.

    USCIS union leaders are talking about wholesale telecommuting (work-from-home) of existing staff to make room for new hires to work DACA in the existing office space.

    The PETITION link below will register your feelings about NOT ALLOWING AOS / FAMILY BENEFITS TO BE SLOWED by DACA with your Members of Congress and the President:

    http://www.petition2congress.com/17276/give-us-citizen-spouse-petitionsaos-priority-before-daca-expansio/

    This is not anti-DACA, but it is pro-EVERY LAWFUL USC SPOUSE IMMIGRANT. Unfortunately, the situation has turned into a case of competing resources with issues that are highly emotional on both sides of the table. If you are a US Citizen and separated from your Spouse overseas for a year; you are not a bad-person for being upset that DACA expansion might make that longer. If you're a US Citizen with a Spouse here and waiting for her work card, you might need that income to survive!!! or meet I-864 requirements even; but again, competing resources. AOS cases worry and having fear, anxiety, concern just as DACA cases. Many can't open Bank Accounts or get Drivers Licenses, just as with DACA.

    DACA has lobbyists. Politicians want to politicize the issue and DON'T CARE FOR DACA or FAMILY PETITION IMMIGRANTS. Its just a political game and both groups are just pawns. AOS, DCF IR1, TSC/NVC style K1/IR1 delays can't compete for media time. Bringing a foreign spouse home just DOESN'T SELL AIRTIME. What is ABOUT TO HAPPEN to EVERY NON-DACA APPLICANT cannot be covered in the media as it risks sounding anti-DACA which brings about ridicule and use of the "R" word. If a media outlet covers the AOS vs. DACA saga, they'll have DACA protesters and lobbyists on them immediately.

    THERE IS A SOLUTION:

    1. ELIMINATE 99% of AOS Mini-Interrogations

    a. K1/K3 AOS have already been interviewed overseas. Its INA authorized. No Waiver Delay - APPROVE IMMEDIATELY!

    b. B1/B2 AOS - No INA authority to waive for Spouse, but OK for Parents. Surely the lawyers can figure out a way to dance around the INA here. These are case by case. Marriages of 1+ years and people together for 5+ years will have plenty of evidence and be low enough risk to WAIVE INTERVIEW ON. Spend interview time on people who just meet first time and marry 10 days later.

    c. H / L / G / A AOS - Adjudicator Discretion on Interview.

    While you are at it. Waive the Affidavit of Support and Waive Domicile Requirements for I-130/I-864 and Remove Public Funds question on the I-485.

    Let's not strand American families overseas trying to find Joint sponsors since their income is foreign based or having to fly back and create domicile!!! and fly overseas again and wait. There is an expression: "guilty of the terrible crime of having a foreign spouse" well it does feel alive and well. Yet at the end of World War II, when regular judges handled immigration, many serviceman came home with foreign wives. Embassies rubber stamped the entry visas and you didn't need to separate for 6-12 months.

    Were they made to feel this way???

    113 Billion was spent on public services for illegals (never-doc'd) in 2011 (excludes Doc'd Lawful Asylee/Refugee/Special Status).

    Why can't new immigrants partake then? Again, the terrible crime of following the rules! Erase the I-485 question on Public Funds!!!

    The meaning of Public Charge is already stripped into meaning long-term disability with no hope of self-sustaining income. You'll also find a sudden reduction in asylee/refugee claims suddenly if any LPR status can apply for public benefits without a 5-year lock.

    USCIS: WHY ARE YOU NOT READY FOR DACA PROPERLY ? Why must Families be Separated to make DACA go faster?

    You had plenty of time to build new offices, write new software, and hire/train new staff for DACA since everyone knew this was coming for some time behind closed doors. Hint: 18 - 21 year old programmers will get the job done better than multi-national consulting firms. Why don't you find some DACA-qualified PROGRAMMERS in that age group and hire them to develop the platform at a Silicon Valley incubator under the tutelage of some .COM innovators!!!.

    - Don't forget FBI background check bottlenecks that compete with other applicants. If DACA is self funded and you did not require Congress to approve funds, then where are the shiny new offices paid for with DACA fees alone?

    - Why does Q6 on DACA not assure everyone else of no delays? Rather a response that says so much while saying so little.

    Something like DACA needs to occur, but with proper planning and controls, not chaos and not at the expense of lawfully obedient filers.

    Hint: Isolate resources, issue interim DACA protected status with easy electronic verification after a limited NAC/LAC check, and collect the fees to build what you need to process them without a wholesale delay of other immigration benefits. Please don't punish all non-DACA applicants. Also, issue Executive Blanket Immunity to Employers who want to hire people who "Applied for DACA" and hold an I-797C NOA that can be verified !!!! Create a system that notifies them automatically of disqualification if any. Again, interim solutions.

    There are no perfect solutions here. But please don't punish AOS and Family Petitions with this expansion.

    No dancing around it, Taking longer for AOS Interim EAD/AP, I130 processing times, I485 interviews, etc. is Punishing.

    Congressional Petition:
    http://www.petition2congress.com/17276/give-us-citizen-spouse-petitionsaos-priority-before-daca-expansio/

  21. http://www.petition2congress.com/17276/give-us-citizen-spouse-petitionsaos-priority-before-daca-expansio/

    Posted in another thread. but found petition for congress asking for AOS processing before DACA.

    Politicians and lawyers can figure out DACA.... but USCIS has limited resources... and not fair to penalize people following the rules to reward those who did not.

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