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A lot of the issues with America's system are mostly because there has not be substantive reform in a really long time. Like the PERM process has evolved into this malevolent beast that basically everyone involved in hates, and doesn't serve it's primary purpose anymore anyway. But nothing can be done about that without actually revising the way employment-based residence works, and we don't have any willingness to touch immigration with substantive reform. redreader posted:Seriously. The usa has some kind of third-world style immigration system. Those already in are like
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Nov 25, 2014 15:21
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'it's tough ain't it, kid' but seriously it's just dumb and bad.
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The Dagda posted:Now think about how family petitions are possibly the friendliest part of the system, and things like employment visas, humanitarian statuses (like for victims of DV, or asylum), and the enforcement system are even more byzantine and frustrating. I've often wondered how it comes that they're willing to give a bumbling idiot like myself a visa, and yet native Afghans who worked as interpreters for US troops are often stuck in bureaucracy purgatory and cannot get a visa no matter what they do. Seriously, when I was applying for my visa and went to get interviewed at the embassy, I was so nervous that I'm pretty sure that the lady I talked to thought I was borderline retarded. And then you have these people who put their lives on the line for the US and they simply cannot get in even though they run the very real risk of being caught by the Taliban and having their heads sawed off on Liveleak. 
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Nov 25, 2014 21:37
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Ashcans I wish you could look into this for me, we are now creeping up on day 60 and no response  It's so stressful. We worked it all out last night and if we get checklisted now we're 100% spending some time apart next year for sure there's no way around it. ffffffffffffffffff
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Nov 25, 2014 23:49
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Sharks Below posted:Ashcans I wish you could look into this for me, we are now creeping up on day 60 and no response Have you tried actually calling the NVC and asking them about the status of your case? Sometimes they aren't able to tell you much of anything, but I have called and spoken to people about stuff they requested that we already submitted, asked them to recheck document lists, etc. It's hardly a silver bullet but the NVC is more accessible than the regular USCIS service center. I realize this is all really stressful, and hopefully the timeline plays out ok for you. If you do end up having to spend some time apart, hopefully it won't be for very long. 
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Nov 26, 2014 04:55
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Ashcans posted:Have you tried actually calling the NVC and asking them about the status of your case? Sometimes they aren't able to tell you much of anything, but I have called and spoken to people about stuff they requested that we already submitted, asked them to recheck document lists, etc. It's hardly a silver bullet but the NVC is more accessible than the regular USCIS service center. Thanks dude. Yep I have called NVC, but because it's not quite 60 days, all they do is say "WAIT 60 DAYS" without even looking at whether anything has been done, since it's only been 57 days. But visajourney peeps whose scan dates are 2/3/4+ October are getting their case completes. The last time I called NVC was Saturday morning my time (Friday arvo their time). They said that ours was "in processing" whatever that means. My big concern is that we could only nominate Australian earnings for my primary sponsor (my husband) because he is living (and earning money) here. He has a job to go to in the USA but it doesn't start til September. So if they find him unsuitable as a primary sponsor we're in trouble. Our joint sponsor (father-in-law) is all good, earns way over the poverty line so we're fine there. We did have to submit quite a lot of documentation for him because he's self employed so maybe it just takes more time to go through. I can't imagine that we are in a unique position. Surely there have been people like me before who have gone through this process with both people living and earning abroad.
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Nov 26, 2014 05:06
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Well in good news, you'll be able to follow up in a couple more days!  One thing to keep in mind is that the immigration system (both USCIS and NVC, as well as State) are not operating on 'first in, first out'. So the fact that someone filed after you are moving ahead doesn't mean anything terrible has happened to your case - it might just mean that their officer had a slightly lighter caseload, or their case was more straight-forward to document, or something similar. Obviously its still frustrating and you should nudge the process when you are able to, but discrepancies in delay are usually more related to 'my officer was sick for three days' than 'your case is vanishing into hell'.
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Nov 26, 2014 15:42
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We really do try our best. We're not purposely antagonistic.
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Nov 26, 2014 17:19
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Ashcans posted:Well in good news, you'll be able to follow up in a couple more days! In this case something p bad did happen and we got checklisted for some confusing and unfair things (IMO). Leaving a part blank that was instructed to be left blank. Also we didn't fill in my husband's mother's city of birth on her i864a because she wasn't born in a city, she was born in an area of unincorporated land in China so anything we put there would have been a lie. Also we didn't submit my husband's w2 but we didn't know we had to do that since all the info was on his tax return and nowhere did it say they needed the w2. So that's another 60 days and husbo will have to leave without me so that sucks all the balls but no matter, lots of people in a way worse situation than us I guess. Also I think you are 100% right about it not being 'first in first out' but they will tell you that it is that way til they're black and loving blue.  Beerdeer: no offence meant in this post to any of you guys (in whatever way you are involved in this process), sometimes I just wish you had a bit more discretion to use common sense and be like "well they're missing this, but that's ok because the info is here" or "hm why is this blank.. *googles*.. oh I see, hebei is unincorporated land. Cool." etc yanno? But I know it's not your fault.
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Nov 27, 2014 00:58
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I have a follow up to the post I made here a little while back. You may remember that while waiting for the I-130 to process my wife and I moved to NZ for what started out as a year but turned into something longer term. Given the unique circumstance we found ourselves in, specialist advice seemed worth it and so the wife went to see an immigration lawyer while she happened to be in the US last week. The advice the lawyer gave was to abandon the process. She wrote a letter we then sent to the NVC which formally requested the application be withdrawn. We're now waiting for them to write back and acknowledge that request; with that acknowledgement letter and the usual proofs of ties to a different country (car ownership, employment etc) I should be able to travel to the US on the VWP without too much harassment. The lawyer also said that if I did keep visiting and built up a history of travel, in ~3 years time when I do want to move to the US I can just come in as a visitor and adjust status after being in the country for 60 days. Separation for a year won't be a problem next time, which is good because I'm now too old to pull the same trick with Australia! So, if you start off wanting to emigrate to the US and it takes so long you end up emigrating somewhere completely different, that's what you do!
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Nov 30, 2014 02:20
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I've just been informed that my company is laying off most staff tomorrow, including myself. Do I need to worry? To recap I've been working towards an employment based green card, and the only thing left is the i485 that was accepted July 22nd (looking it up on uscis, that is still the current status). I also married a US citizen in October. Should I do anything beyond applying for new jobs with my current EAD? e: according to the CEO they've "looked into it" and it shouldn't affect my application, but if they're wrong and it will they say they'll keep me on at a minimal rate until I clear. Should I push for this, or am I legitimately free and clear? I would love to be done with this place, but highest priority is still successfully getting a gc. Same Great Paste fucked around with this message at 02:12 on Dec 1, 2014 |
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Dec 1, 2014 02:06
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Same Great Paste posted:I've just been informed that my company is laying off most staff tomorrow, including myself. Do I need to worry? You ARE married to a us citizen so if you really want your green card within about 3 months you should do a marriage-based application. I don't know the answer to the rest of your questions though.
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Dec 1, 2014 02:30
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Same Great Paste posted:I've just been informed that my company is laying off most staff tomorrow, including myself. Do I need to worry? Ok so my short answer here is 'you should probably find your own immigration attorney not connected to your company and ask them to review your situation and advise you', because there is a bunch of stuff going on and it can be pretty complicated. Easy mode is to file an I-130 based on your marriage and ask USCIS to connect the pending I-485 to that new petition. quote:To recap I've been working towards an employment based green card, and the only thing left is the i485 that was accepted July 22nd (looking it up on uscis, that is still the current status). I also married a US citizen in October. You cannot change jobs, even if something happens to your current position, until your I-485 has been pending for 180 days. This is referred to as 'AC21 Portability' if you want to look it up. If your I-485 was accepted on July 22, then you have not hit 180 days yet and you cannot change jobs at all. quote:e: according to the CEO they've "looked into it" and it shouldn't affect my application quote:...but if they're wrong and it will they say they'll keep me on at a minimal rate until I clear. Edit: This is actually more complicated than this, because it is possible to be making less than the I-140 wage while the petition is pending, but it hinges on the company's honest intent to employ you in that position at the listed wage. If they are planning to let you go as soon as you get your card this intent doesn't exist, and your petition is on shaky ground. A determination requires that this change in intent comes to light, but knowing this situation you are putting yourself at risk. Is the company willing to actually commit to keeping you on as originally petitioned? Because that is what is required for you to be 'safe'. quote:Should I push for this, or am I legitimately free and clear? I would love to be done with this place, but highest priority is still successfully getting a gc.
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Dec 1, 2014 15:44
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redreader posted:Seriously. The usa has some kind of third-world style immigration system. Those already in are like I doubt Europe is much better outside of inter-EU migration.
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Dec 1, 2014 17:46
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computer parts posted:I doubt Europe is much better outside of inter-EU migration.
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Dec 1, 2014 19:46
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A while back, I asked you about the limited spots in Canada for interviews, and unfortunately, my girlfriend was unable to find a spot that coincides with our upcoming trip to Canada. You mentioned that the fee is usable for up to a year, but do you know if there's a way to change the interview location to China where she's from? She told me that she can only seem to book Canadian interviews, because that's the location she originally picked.
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Dec 7, 2014 08:26
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Unfortunately there is no way to move the appointment or appointment fee between consulates. Once it's paid it's registered to the consular office that you chose. She can move it around within Canada and change the date, but there isn't any mechanism to send it over to a different country. I know this is a pain in the rear end and it's pretty lovely, but that's how its handled for now.
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Dec 7, 2014 21:21
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NVC are so confusing! First rep told us that we had to send in my husband's W2 for 2013 and fix the i864a for his mum, and then we'd be good to go. Second rep (confirming info from first) told me to just ignore the request for a police certificate because they just get sent to the consulate and not to worry about it. Except that I did send in one.. Anyway what I've done is ordered a fancy Australian Federal Police certificate (name only, no fingerprints) and had it sent straight to the consulate and we will send in the W2 and corrected i864a. That seems to be the visajourney recommendation. *twitches*
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Dec 8, 2014 00:43
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I mailed my I-485 together with accompanying paperwork and filing fees to the USCIS lockbox in Chicago three weeks ago, and I haven't heard a peep from them since. Are they horribly blocked up or something? I do realize that they get a ton of these applications, but it would be nice to simply know that my papers didn't get lost in the mail or something stupid like that. I looked up the processing timetable on the USCIS website, and the Chicago field office lists the filing date of the last I-485 case that they completed as February 22, 2014 
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Dec 11, 2014 22:13
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Nuclear Tourist posted:I mailed my I-485 together with accompanying paperwork and filing fees to the USCIS lockbox in Chicago three weeks ago, and I haven't heard a peep from them since. Are they horribly blocked up or something? I do realize that they get a ton of these applications, but it would be nice to simply know that my papers didn't get lost in the mail or something stupid like that. I am not sure what Chicago is doing right now, but 3 weeks seems like a longish time for a receipt notice to come in. You haven't gotten anything at all? One thing you can do is to check if they cashed your check - if the check has been cashed it means they have taken your case for processing, and if you can pull a check image you can actually see your receipt number stamped on the back 
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Dec 11, 2014 22:45
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Nope, just the silence of the grave so far. And my e-mail, phone number and physical address were all included in the paperwork of course. I sent them the filing fees in the form of USPS money orders. When I typed in the serials on their money order tracing site, all that comes up is "no information is available for serial number". I wonder if the money order serial number gets taken out of circulation if it gets cashed?
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Dec 11, 2014 23:05
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I have no idea how money orders work, we hardly use them, but you could call USPS and ask about it. As a long shot you can actually try calling USCIS customer support without a receipt number - it can take some work to get through the phone tree without one, but if you can reach a person they can actually try and look up a case using your name, birth, etc. It's pretty iffy though, because you might just get someone who tells you to wait for your response.
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Dec 11, 2014 23:10
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I do have somewhat anecdotal evidence that they might have cashed it, possibly. Before I filed the I-485 I filed for a duplicate I-797C approval notice, paying for it with a money order. They sent me that form, so they obviously cashed the money order. The USPS site can't find any info on that money order serial either. But yeah, if I don't get a receipt notice in the mail this week I'm going to try to call them on Monday. Not looking forward to that, but I guess it's preferable to having an ulcer.
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Dec 11, 2014 23:20
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A friend of mine has a US visitor's visa of some sort - B1/B2 or whatever. Friend has family in the states and visits two or three times a year, while living in Canada and being a national of a third country. If they were to visit Cuba on vacation, would they have an extra hard time the next time they renew their visa? Or is that just something the US doesn't give a poo poo about?
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Dec 12, 2014 03:16
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FrozenVent posted:A friend of mine has a US visitor's visa of some sort - B1/B2 or whatever. Friend has family in the states and visits two or three times a year, while living in Canada and being a national of a third country. Shouldn't be an issue, lots of Canadians do it and the embargo doesn't apply to those not under US jurisdiction, just don't bring anything of Cuban origin or that might be thought to be from Cuba into the US. The Cuban stamp in the passport might net your friend a bit more scrutiny checking for Cuban goods, especially right after a trip there. It used to be that Cuba wouldn't stamp passports unless asked but now I've read they now stamp everyone's except US citizens visiting in violation of US law.
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Dec 15, 2014 08:38
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Update: got my I-797C receipt notice today regarding my adjustment of status. That took more like four weeks than one, though. So an FYI if there's anyone else waiting for one, it may take a while before it arrives. Just be super methodical and trawl the visajourney forums, that usually works for me \/\/\/\/ Nuclear Tourist fucked around with this message at 02:05 on Dec 19, 2014 |
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Dec 18, 2014 22:37
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God, the checklist email arrived like 3+ weeks after we were notified by the NVC by phone that we got a checklist. And it's super loving confusing. Ashcans halp.
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Dec 18, 2014 23:44
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Ashcans posted:Unfortunately there is no way to move the appointment or appointment fee between consulates. Welp. Thanks for the info in any case. Do you know if she should just file a new DS160 in China or attempt to move the existing one (not sure if this is possible).
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Dec 19, 2014 04:34
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Sharks Below posted:God, the checklist email arrived like 3+ weeks after we were notified by the NVC by phone that we got a checklist. And it's super loving confusing. Ashcans halp. Rated PG-34 posted:Welp. Thanks for the info in any case. Do you know if she should just file a new DS160 in China or attempt to move the existing one (not sure if this is possible).
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Dec 19, 2014 04:42
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Ashcans posted:She should be able to access her DS-160 and change the consulate of application in the first section. I am not 100% sure this will work smoothly, all the problems we get with DS-160s are when you try to go back in and change them. But the worst case scenario is that you try, it's all messed up, and then you start again fresh. Okay, she can't seem to change it, so I guess she'll have to make a new form. That's not a problem right?
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Dec 19, 2014 05:32
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No, it shouldn't cause any issues if she just abandons her current DS-160 and starts over. This ends up happening all the time - people thing they are going to travel and then don;t, their plans change, etc.
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Dec 19, 2014 15:28
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Okay, great. Thanks. (I didn't think it would be a problem either, but my girlfriend likes to be sure about things.)
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Dec 19, 2014 16:54
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I need some confirmation on whether or not my information is correct. I have a friend from Romania who wants to come to the US to reside and work. They have a MSc (Master's Degree) in Computer Science from a university in Italy, and have been working as a (legitimate, not goon-in-underwear at home contract "work") Java computer programmer for five years or so, in healthcare databasing or front-end design, or something like that. Just them, no family, kids, etc. Three questions: First, if a company is sponsoring a visa and they are hired and accepted, is their stay in the US completely contingent on that company? What happens if they're fired / laid off / not working for some uncontrollable reason? Do they need sponsorship from another company to continue residing in the US? Are they deported immediately? What type of visa would this be? Second, I was looking at different Visa types, and it would appear that an E-2 is probably the best fit. There are many companies my friend is qualified for, but they are unable to work there because they don't offer visa sponsorship. Is there a way to get cleared for work based on merit, to then be able to work for US companies which don't offer sponsorship? Third, if they have just a visitor visa, can they go to an impromptu interview with a US company (the interview isn't the specific reason for travel, just if it happens to come up) and then (if offered a job) apply for a work visa of the "correct" type, or is there a specific type of visa that must be had beforehand to attend an interview? Basically, is it allowed to attend a random interview with a US company, if you've only got a visitor visa (provided you aren't lying about your status or reason for coming to the country or anything). I'm thinking a situation where they apply at US companies ahead of time, and then, while just visiting, a company happens to contact them to interview. PRADA SLUT fucked around with this message at 23:33 on Dec 29, 2014 |
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Dec 29, 2014 23:27
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PRADA SLUT posted:First, if a company is sponsoring a visa and they are hired and accepted, is their stay in the US completely contingent on that company? What happens if they're fired / laid off / not working for some uncontrollable reason? Do they need sponsorship from another company to continue residing in the US? Are they deported immediately? What type of visa would this be? Let highly-qualified professionals stay in the US on their own merits without indentured servitude to an employer? What do you think this is, Canada?
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Dec 30, 2014 01:06
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PRADA SLUT posted:Second, I was looking at different Visa types, and it would appear that an E-2 is probably the best fit. There are many companies my friend is qualified for, but they are unable to work there because they don't offer visa sponsorship. Is there a way to get cleared for work based on merit, to then be able to work for US companies which don't offer sponsorship? Do you mean H-1B? An E-2 visa is for people moving to the US and starting a company or investing significantly in an existing US business.
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Dec 30, 2014 08:33
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PRADA SLUT posted:First, if a company is sponsoring a visa and they are hired and accepted, is their stay in the US completely contingent on that company? What happens if they're fired / laid off / not working for some uncontrollable reason? Do they need sponsorship from another company to continue residing in the US? Are they deported immediately? What type of visa would this be? quote:Second, I was looking at different Visa types, and it would appear that an E-2 is probably the best fit. There are many companies my friend is qualified for, but they are unable to work there because they don't offer visa sponsorship. Is there a way to get cleared for work based on merit, to then be able to work for US companies which don't offer sponsorship? There isn't really a merit-based nonimmigrant visa. If you are good, they expect someone to hire and sponsor you. quote:Third, if they have just a visitor visa, can they go to an impromptu interview with a US company (the interview isn't the specific reason for travel, just if it happens to come up) and then (if offered a job) apply for a work visa of the "correct" type, or is there a specific type of visa that must be had beforehand to attend an interview? Basically, is it allowed to attend a random interview with a US company, if you've only got a visitor visa (provided you aren't lying about your status or reason for coming to the country or anything). I'm thinking a situation where they apply at US companies ahead of time, and then, while just visiting, a company happens to contact them to interview. fordan posted:Do you mean H-1B? An E-2 visa is for people moving to the US and starting a company or investing significantly in an existing US business.
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Dec 31, 2014 04:43
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When states like California afford all these rights to illegal immigrants, do they really mean to Mexicans and other central americans because controlling the border at this point is unmanageable and their illegal statuses are unenforceable due to the sheer numbers? If so, is there any legal distinction the federal or any state government makes between these groups? I'm basically wondering because let's say somebody from say Nigeria or India sneaks in and gets a job and everything, and then goes for all the rights and protections given to other illegal immigrant groups (driver's license, enrolling in classes, etc). Would they throw the book at him because he's an outlier, or would they let him slide because they've admitted defeat all around?
the worst thing is fucked around with this message at 06:57 on Dec 31, 2014 |
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Dec 31, 2014 06:55
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a posting ghost posted:When states like California afford all these rights to illegal immigrants, do they really mean to Mexicans and other central americans because controlling the border at this point is unmanageable and their illegal statuses are unenforceable due to the sheer numbers? If so, is there any legal distinction the federal or any state government makes between these groups? I'm basically wondering because let's say somebody from say Nigeria or India sneaks in and gets a job and everything, and then goes for all the rights and protections given to other illegal immigrant groups (driver's license, enrolling in classes, etc). Would they throw the book at him because he's an outlier, or would they let him slide because they've admitted defeat all around? I am quite sure that we in California have undocumented immigrants from a variety of places around the world. One high profile case from several years ago was a family from Korea.
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Dec 31, 2014 07:35
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Pinky Artichoke posted:I am quite sure that we in California have undocumented immigrants from a variety of places around the world. One high profile case from several years ago was a family from Korea. Was this an aside or did you think this answered my question in its entirety..I am asking about how strictly and uniformly immigration laws are enforced since Mexicans et al are getting a pass now. How do they make the distinction? Unskilled labor? From central american countries? Wheres the line. I wanna hear from the OP or his closest equivalent
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Dec 31, 2014 09:39
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a posting ghost posted:Was this an aside or did you think this answered my question in its entirety..I am asking about how strictly and uniformly immigration laws are enforced since Mexicans et al are getting a pass now. How do they make the distinction? Unskilled labor? From central american countries? Wheres the line. I wanna hear from the OP or his closest equivalent Uniformly. I don't know why you think what's happening now is that Latinos specifically are getting a pass unless you are a voracious reader of right wing websites. "All these rights" people without legal immigration status get are not based on national origin, they're usually universal rights (e.g. education for children). There are immigration benefits that are based on national origin - like special visas for afghan interpreters, a status for Cuban defectors, or Temporary Protected Status for nationals from disaster areas, but that's different from what you're talking about. Edit: I guess you could be referring to the fact that there are different tiers of enforcement priorities - for instance, recent arrivals, people with criminal convictions, and people without close family ties to the U.S. are more likely to be deported than others. But again, it's not based on national origin. The Dagda fucked around with this message at 04:52 on Jan 1, 2015 |
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Dec 31, 2014 15:31
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http://news.yahoo.com/illegal-immigrants-drivers-licenses-under-california-law-012921086.htmlquote:The law, passed with substantial Republican support, marks a significant departure from past policy in California, which will join at least nine other states that allow undocumented immigrants to drive legally when the law takes effect in 2015. It's basically an admission that they can't control the flow of illegals in and through the state. Why are you even bringing the right wing into this, it's a simple fact. Are you saying a Nigerian who hopped the border without papers could get a drivers license without problems in California then? And Texas..and many other states that can't handle the influx. People want to get political and point fingers instead of owning up to this reality I see. Nobody talks about this. I don't believe that they don't profile by national origin. Illegal immigration is an issue of national origin.... Anyone have a better answer? The OP?? What is going on at our southern border?
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Dec 31, 2014 16:16
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