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a posting ghost posted:http://news.yahoo.com/illegal-immigrants-drivers-licenses-under-california-law-012921086.html I am an immigration lawyer, I have given you the best answer that can be given under the circumstances of your ignorance. Educate yourself more.
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Dec 31, 2014 16:23
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The Dagda posted:I am an immigration lawyer, I have given you the best answer that can be given under the circumstances of your ignorance. Educate yourself more. If you are so educated about the issue yourself and instead of giving evasive non-answers, tell me why those 1.4 million illegal immigrants are not deported when they go to get those drivers licenses. I am not saying they should be, I am just pointing out that illegals (from certain countries) are currently tolerated because it is the only option, and I am still trying to find out where the line is exactly. I am surprised you are an immigration lawyer to be honest. Currently the laws of the united states are being shirked because there is no other choice, they can't handle the scope, much like marijuana possession. Does it really just come down to cheap labor then? I'm asking someone else now, it's clear you've reached the limits of your ability to explain. Edit - also i showed you were wrong about the rights thing, drivers licenses are a pretttty big right. It turns an undocumented immigrant into a documented one for starters. All they need after that is an SSN..maybe that's next?? the worst thing is fucked around with this message at 16:43 on Dec 31, 2014 |
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Dec 31, 2014 16:39
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Perhaps this is the fourm you're looking for?  D&D
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Dec 31, 2014 18:37
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a posting ghost posted:If you are so educated about the issue yourself and instead of giving evasive non-answers, tell me why those 1.4 million illegal immigrants are not deported when they go to get those drivers licenses. I am not saying they should be, I am just pointing out that illegals (from certain countries) are currently tolerated because it is the only option, and I am still trying to find out where the line is exactly. I am surprised you are an immigration lawyer to be honest. Currently the laws of the united states are being shirked because there is no other choice, they can't handle the scope, much like marijuana possession. Does it really just come down to cheap labor then? I'm asking someone else now, it's clear you've reached the limits of your ability to explain. Your agenda is visible from the moon, but just to clarify: when states allow undocumented immigrants to obtain a driver's license, they don't first determine that the person is illegal and then give the driver's license anyways. They simply do not require the DMV of the state to verify a person's immigration status on whatever federal database they were using. As such, it has nothing to do with people "from certain countries." And no, having a driver's license does not turn an undocumented immigrant into a documented one, because driver's licenses cannot be used as proof of citizenship.
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Dec 31, 2014 22:09
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a posting ghost posted:If you are so educated about the issue yourself and instead of giving evasive non-answers, tell me why those 1.4 million illegal immigrants are not deported when they go to get those drivers licenses. I am not saying they should be, I am just pointing out that illegals (from certain countries) are currently tolerated because it is the only option, and I am still trying to find out where the line is exactly. I am surprised you are an immigration lawyer to be honest. Currently the laws of the united states are being shirked because there is no other choice, they can't handle the scope, much like marijuana possession. Does it really just come down to cheap labor then? I'm asking someone else now, it's clear you've reached the limits of your ability to explain. Do better.
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Dec 31, 2014 22:41
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My agenda? Amazing So illegal immigration is the elephant in the room that we "tactfully" dont talk about in this thread eh? Got it.
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Dec 31, 2014 23:51
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If you had bothered to check the general tone of this thread so far, then you'd have seen that it's one where civilized posters help other civilized posters. It's not for manufactured outrage. And calling everyone who posts information you don't like an idiot and going "hellohellohello OP" makes you look even more tone-deaf and stupid. Post a thread in D&D.
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Dec 31, 2014 23:53
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a posting ghost posted:
No, that's not the problem.
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Dec 31, 2014 23:54
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flavor posted:If you had bothered to check the general tone of this thread so far, then you'd have seen that it's one where civilized posters help other civilized posters. It's not for manufactured outrage. And calling everyone who posts information you don't like an idiot and going "hellohellohello OP" makes you look even more tone-deaf and stupid. Manufactured outrage? Actually I got my question answered, due to the drivers license laws and immigration status not being checked, anyone can hop the border and work under the radar of the visa system as long as they don't want to do anything fancy. You know, a few people, like Daedra, could have said "i don't know" instead of getting pissy. I wasn't even thinking of the politics of all this, politics are for babies. It is definitely that you guys don't want to mention illegal immigration because of how it makes the immigration system look (hypocritical). Sorry for getting caught in another A/T circlejerk I guess What would I post in D&D? It was a question for immigration lawyers. Daedra have you passed the bar? God help us all.. (USER WAS PUT ON PROBATION FOR THIS POST)
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Jan 1, 2015 00:06
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Hi I have a law degree and work for USCIS. In my expert opinion  Nobody is fooled by your dumb poo poo. If you want to discuss a concrete question, maybe ask it in clear terms instead of vague and loaded phrasing.
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Jan 1, 2015 00:46
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My new years resolution is to not check ceac.gov every day anymore. It's crushing me... Maybe every second day.
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Jan 1, 2015 01:39
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a posting ghost posted:Manufactured outrage? Actually I got my question answered, due to the drivers license laws and immigration status not being checked, anyone can hop the border and work under the radar of the visa system as long as they don't want to do anything fancy. Newsflash: lots of people work under the table. Some "hopped the border" or overstayed visas. Many others are American citizens. I don't see what that has to do with anything in this thread.
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Jan 1, 2015 02:01
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Manifest Dynasty posted:Hi I have a law degree and work for USCIS. In my expert opinion Why does the federal government tolerate massive illegal immigration by central americans, that has been my question all along. It is not a loaded question. If you don't know say you don't know. If you say "they don't have a choice" i will accept that, but then the next question is where is the line. If you say they don't tolerate it, I will lol myself out of this thread.
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Jan 1, 2015 02:50
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quote:Justice Anthony Kennedy, writing for the majority, joined by Chief Justice John Roberts and three other justices, stated: "As a general rule, it is not a crime for a removable alien to remain present in the United States." The court also ruled that it was not a crime to seek or engage in unauthorized employment. Hmmm Very well. Business interests have always come first before citizenry I suppose. Indentured servitude must live on. Forget I said anything, it's all clear to me now. But the truth seems to be uglier than any of you want to discuss out in public.
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Jan 1, 2015 03:34
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Happy 2015 everyone, I hope you all get to ride this America gravy train while it lasts, before the illegals take all our jobs and suck up our welfare with their special rights.
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Jan 1, 2015 03:57
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The Dagda posted:Happy 2015 everyone, I hope you all get to ride this America gravy train while it lasts, before the illegals take all our jobs and suck up our welfare with their special rights. No no, it's better than that, they do the jobs no one wants to do and they also pay into welfare programs but don't get anything back. Downside is wages get depressed for everyone over time. And they don't get special rights, just the ones that an unskilled permanent resident would otherwise get. Looks like I'm the one telling the immigration "lawyer" (paralegal?) about their field now..
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Jan 1, 2015 04:32
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a posting ghost posted:No no, it's better than that, they do the jobs no one wants to do and they also pay into welfare programs but don't get anything back. Downside is wages get depressed for everyone over time. And they don't get special rights, just the ones that an unskilled permanent resident would otherwise get. Looks like I'm the one telling the immigration "lawyer" (paralegal?) about their field now.. You're right, you know everything there is to know about immigration now. I guess you'll just have to get out of the thread, since there is nothing for you here.
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Jan 1, 2015 04:37
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Yes, please do piss off forever and stop ruining this awesome thread with your shittery.
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Jan 1, 2015 04:44
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The Dagda posted:You're right, you know everything there is to know about immigration now. I guess you'll just have to get out of the thread, since there is nothing for you here. With a few more days of research I would likely be more qualified than you to answer questions in this thread, seeing your track record. And I wouldn't need to pull rank on people to do it.
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Jan 1, 2015 04:47
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a posting ghost posted:With a few more days of research I would likely be more qualified than you to answer questions in this thread, seeing your track record. And I wouldn't need to pull rank on people to do it. I can't tell if you're for real or some half baked troll account. OP please advise, over To everyone else in the midst of the immigration process like myself, happy 2015 and may your paperwork be processed hastily and without requests for evidence 
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Jan 1, 2015 05:19
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Nuclear Tourist posted:I can't tell if you're for real or some half baked troll account. OP please advise, over And also to you my friend. We sent in our checklist/RFE stuff, it was scanned 11 Dec so we have until 11 Feb to wait until we get a response. My husband has to leave Australia to go home to America on March 2. So it's looking extremely likely that he will go without me  Wouldn't have happened if we didn't get the most retarded RFE of all time. But oh well. Starting to think we should have got the ol' K3 visa but tbh there wasn't that much evidence at the time that it was moving any faster than the CR1.
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Jan 1, 2015 05:46
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That really sucks and I hope you can get it sorted out within the not too distant future. There's been a few occasions where I've almost missed deadlines for sending stuff in and it's scary as hell, and I actually misplaced a document that I had to pay a $500 filing fee to get back  Yesterday I went get my biometrics done for my work permit and adjustment of status, so at the moment my stuff seems to be under control, possibly, maybe. We'll see.
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Jan 1, 2015 06:03
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Really hoping this will be the year that my Brit boy can finally hop the pond and stay over here with me. All we've really got to sort now is the paperwork and how much it will cost to process, which unfortunately keeps getting derailed by dental bills and the like  VisaJourney says the K-1 waiting time is about six months right now and I'm hoping that keeps up. Good luck to all the rest of you working on this this year!
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Jan 1, 2015 17:27
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Speaking of her brit boy, one question I do have: When I was younger (About a decade ago now) I changed my name via deed poll. Obviously they've got provisions for that on the forms, because name changes are fairly common, but will they actually require evidence of the name change or is simply informing them that I previously had a different name on the forms enough? If they do want evidence, at what stage do they want it - when Pikestaff sends the forms in to the USCIS, or when I send stuff to/go to the embassy? Thanks  We've got most of the other paperwork sorted out, it'd just be handy to know this before I mail her the pictures.
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Jan 1, 2015 17:29
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Mister Adequate posted:Speaking of her brit boy, one question I do have: Does your old name appear on any other documents you're submitting, like on a copy of your birth certificate? If so, you should submit evidence of your name change to USCIS. As far as I know you wouldn't need to bring proof of name change to the embassy as well, but if it were me, I'd bring it just in case.
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Jan 3, 2015 17:49
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My dad married a chinese woman about 7 years ago and is trying to invite her adult daughter to visit. This is made more complicated because she's already applying for an INA 203A2B, so getting her a visitor's visa might negatively impact that application in some way. Right now I'm helping him write a letter explaining that he would like his sick, aging sister to be able to meet her new step-niece and that he will guarantee her return to China. Is there anything in particular that he should put in this letter to maximize the chances of getting a visa?
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Jan 4, 2015 23:36
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No birth certificate available for PR immigration application. What are my options? I have a letter from the UNHCR stating the country of birth did not provide birth certificates at the time of my birth but they can verify a person with my name was born on my birth date and that person left to immigrate to X country on X day. Will that work for the application?
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Jan 8, 2015 22:40
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Well, the first thing to do would be to go to the state department website and look up your country. When you enter the country, it should have a link to documents and specifically birth certificates. That will tell you what the state departments current position/expectation is for your country of birth. Usually if it is some big obvious thing that the country does not/did not provide certificates, they acknowledge that and have other suggested documentation. Whenever you can't get a certificate, it would be best to try and supplement whatever you submit with an affidavit. Do you have a parent, relative, or family friend who can attest to the details of your birth? All it really is is a letter saying 'I am this person, I know lol internet, they were born on this day in this place and they don't have a certificate because the country didn't issue them then'. If you are in a situation where you don't have someone who can make that attestation, I would use the UNHCR letter, include your own affidavit with the explanation, and include whatever corroborating documents you might have (like if you have school records or something showing your age from when you immigrated to X country, old passports, whatever).
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Jan 8, 2015 23:00
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lol internet. posted:No birth certificate available for PR immigration application. They may also expect you to try to apply for an official birth certificate from your country of origin and provide documentation that you tried and failed.
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Jan 9, 2015 01:37
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Yeah I will most likely have to use a affidavit. When I lookup the country of birth it says they do give out birth certificates. But frankly I didn't get one due to being born in a refugee camp so I am stateless and not considered a national of that country. Thanks!
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Jan 9, 2015 05:13
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I'll most likely be entering graduate school in the US next year on an F-1 visa. My spouse (partner of five years, living together for a year and a half, not same-sex, not married) would very much like to come with me, but would need to be able to work since I seriously doubt my tiny grad student stipend would be able to support both of us if she was on an F-2 visa. We don't have high hopes for her being able to find a job online from Canada that would sponsor her, since she's not even having much luck finding a non-service sector job here in Canada, let alone long distance in another country. She does have a Master's Degree, but it's in Environmental Policy and Regulation not like a STEM field or anything. Are we totally hosed? The reading I've been doing online looks like her only hope of getting a visa that lets her work is if she has a specific job offer that's willing to sponsor her. Will she even be able to get an F-2 visa if we're not married? Is there any way to upgrade an F-2 visa into one that lets you work? e: whoops forgot to mention that we are coming from Canada and are both Canadian citizens. vyelkin fucked around with this message at 04:44 on Jan 19, 2015 |
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Jan 19, 2015 04:17
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You said spouse, but you also say that you aren't married. Do you have some sort of recognized status as a couple? You can apply for a dependent visa if you have some sort of officially recognized spousal relationship, like common law marriage or domestic partnerships. But it has to be something that is recognized by the country, if you guys are just living together and really serious about it but have nothing on paper then getting an F-2 is not really going to happen. The easiest work status for a canadian to get is the TN. She would need to find a company to sponsor her for this, but it is pretty simple. But she has to fit into the list of recognized professions. The best bet would be for her to enter a s F-2 (if that is possible) and then she can look around for positions in the US. When she finds someone who can/will sponsor her, she just needs to return to canada and re-enter with her support letter, etc. But your finances will have to support you that long.
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Jan 19, 2015 05:37
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Well, according to the Government of Canada I'm pretty certain we count as common-law partners, in that we have been living together in a conjugal relationship for over 12 months (this is the definition the federal government uses for both immigration and tax purposes, different provinces have their own definitions for other purposes). I have no idea whether the US recognizes that kind of thing for visa purposes though.
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Jan 19, 2015 13:50
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US immigration will recognize a common-law partnership if it is legal and recognized in your home country. But the immigration service doesn't want to spend time making a determination on how your home country views your situation - what they want is a piece of paper that tells them so they can process your case and move on with their work. I am not familiar with Canadian common-law partnerships. Do you register your partnership somewhere? Is it reflected in some kind of official documentation? Can you get your province/state to issue some acknowledgement of it? All those things could stand in place of a marriage certificate.
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Jan 19, 2015 21:40
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Ashcans posted:US immigration will recognize a common-law partnership if it is legal and recognized in your home country. But the immigration service doesn't want to spend time making a determination on how your home country views your situation - what they want is a piece of paper that tells them so they can process your case and move on with their work. I am not familiar with Canadian common-law partnerships. Do you register your partnership somewhere? Is it reflected in some kind of official documentation? Can you get your province/state to issue some acknowledgement of it? All those things could stand in place of a marriage certificate. Yes, you can get a Statutory Declaration of Common-Law Union, which is sworn in front of a notary public or commissioner of oaths and has the same legal weight as an oath. You present photo ID and I believe you also present your documentation (i.e. a co-signed lease etc.) but they don't actually check that any of it is true, they just certify that you are who you say you are and have made the declaration. We haven't done this because it's not necessary for any part of our lives here in Canada, but the process seems simple enough. Would this be adequate documentation for US Immigration, or do they need something more verifiable?
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Jan 19, 2015 22:00
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That certainly seems like it would be adequate. When it comes down to it, it's not like a marriage certificate is based on more than an oath in front of an appointed officer, so it should have the same weight, assuming that they accept the common-law status as transferable. I can't give you a guarantee of any sort, because I haven't dealt with this specific issue (even if I had seen it before I would hesitate to give you an all-clear) What is ok is basically decided by the officer you see at the border (because you are a Canadian, you skip the visa application). It's possible that you will have an officer who doesn't think it qualifies and pushes back. I would definitely get the statutory declaration so that you have a clear document to show, though.
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Jan 21, 2015 15:27
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Yeah, I figured it might be subjective like that. We'll get the statutory declaration and hope that works. Thanks so much for all your help!
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Jan 21, 2015 17:14
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Ashcans posted:As things stand, I would not tell you that you are free and clear, you have significant risks that you need to understand and account for. I really think you should talk to your own attorney about this situation before it gets ugly. Filing the I-130 would be a good safety net move to protect you in case anything goes wrong with the I-140. I took your advice, and found my own lawyer the next day. They looked into it, found that my case should be coming up "any day now", and strongly advised that paying them to do the i130 would be a waste of money (although they would be happy to do it if I insisted). For better or worse I chose to listen to them, and just wait. Now a month and a half later, my case is still pending. The company lawyer did a service request at the end of 2014, the response came back today that current processing times are taking up to 60 days longer than usual, but no other information. I'm currently on unpaid leave from my company. My 180 days are up on the 22nd. What is the wise move here? It's very likely that I could find another company with a matching job description that would love to employ me. I'm not at all against going back to the lawyer and giving them money to humor me and file the i130 if that's the best option. If just getting another job with a matching description is the best option at this point, I can make that happen too. If just waiting longer (iirc the +60 days would be up mid February), I can handle that too. If the only answer is "go find another lawyer to advise me specifically", I understand.
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Jan 22, 2015 03:23
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If your I-485 was filed on July 22, then I think the 180 days are up and you can look for a similar position now. If you are relatively confident you can do this, then that is certainly one option for you now that you've managed to ride out the time. There may be some sort of murky legal issues around (like whether the unpaid leave could be considered an issue for your petition) but if you move jobs and USCIS rfes your I-485, it likely won't come up as they generally look to confirm your current employment. Just to be clear, has your I-140 been approved at this point? Or is it still pending with your I-485? If you do decide to see a lawyer, I would suggest going back to the same one - you have already established they aren't looking to file things unnecessarily, and have already talked to you about your case. If your I-140 is approved and the I-485 is portable, there is less reason now to file the I-130 than there was before. But you might want to talk to them about portability - it's not required, but you can actually submit notice of your portability to USCIS when it happens to be proactive about it, and that is something they might help with.
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Jan 22, 2015 05:00
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My I-140 was approved on August 1st. Only the I-485 is still up in the air.
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Jan 22, 2015 05:34
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