Immigration News and Updates

suzanne4, RN · Apr 25, 2007

even if someone studied in the US, AOS can still be denied

Sure it can be denied, the same way that any visa application that is pending can be denied. But the first thing that they look at is length of time in the US, and she has been here several years.

No application is a done deal until it is done.

suzanne4, RN · Apr 25, 2007

Hi, JonRNMD, Lawrence! Will the filing of the I-140 (following the 60-90 day rule) concurrent with the AOS be dependent on the principal's I-94 or the derivative's? The principal completed the 90+ days before filing but the children and spouse just followed after 60 days (so their I-94 date will be more recent). Will it affect the AOS approval of the derivatives? Anyone who can answer this, please? Thanks!

Everything is dependent on the nurse's I-94. And when they came to the US. Best bet it to check with the immigration attorney.

This also opens a can of worms up. Remember that it is in violation of US immigration law to come to the US for the purpose of finding a job and staying. With the family coming over later, but before the petition is submitted sends up a red flag to immigration. That the family has now come over with the intention of remaining.

Not a good thing, many times.

The reason for the waiting time is to show that there was not initial intent to come to the US and remain. And then throws a kicker into it.

When family is involved, it is best not to use the AOS unless they all are here at the same time. And arrive at the same time. To come two months later shows intent to stay. And that will up the chances of getting denied.

Would never, ever recommend that someone go this route. They all need to arrive at the same time not to raise any red flags to immigration. Remember that the proof will be on the nurse to prove otherwise. Not for immigration to prove.

Aquarian · Apr 25, 2007

I'm glad to hear from you, Suzanne! Merci!

jonRNMD · Apr 25, 2007

Hi, JonRNMD, Lawrence! Will the filing of the I-140 (following the 60-90 day rule) concurrent with the AOS be dependent on the principal's I-94 or the derivative's? The principal completed the 90+ days before filing but the children and spouse just followed after 60 days (so their I-94 date will be more recent). Will it affect the AOS approval of the derivatives? Anyone who can answer this, please? Thanks!

actually the 60/90 rule is still a gray area for the USCIS.....it is not "The Rule"....remember, AOS is discretionary and can always be denied.......

regarding your question, its better to seek an experienced immigration lawyer

lawrence01 · Apr 26, 2007

actually the 60/90 rule is still a gray area for the uscis.....it is not "the rule"....remember, aos is discretionary and can always be denied.......
regarding your question, its better to seek an experienced immigration lawyer

i second these. it is also not automatic that if a person applied on the 60-90 day plus range that the petition would be approved automatically. it is discretionary and so if they found some other information that would make them suspect otherwise then they can deny in practice of discretion.

click here for more details.

suzanne4, RN · Apr 26, 2007

US immigration can deny at any time and can deny retroactively, as well. They are always there.

lawrence01 · Apr 28, 2007

bush renews push to overhaul immigration

washington (ap) -- president bush urged lawmakers on saturday to come together on the complex and emotional issue of immigration, calling it "a critical challenge" now before the nation.

"we need a system where our laws are respected. we need a system that meets the legitimate needs of our economy. and we need a system that treats people with dignity and helps newcomers assimilate into our society," he said in his weekly radio address.

"we must address all elements of this problem together, or none of them will be solved at all."

there are an estimated 12 million illegal immigrants in the country, and passions run high on what to do about them. bush wants to establish a temporary worker program for some of them and create a path to citizenship -- albeit a difficult one -- for many. he says it is unrealistic to propose that millions of people be deported.

what he likes to call comprehensive immigration reform was once bush's top domestic priority.

click here for the full article.

lawrence01 · Apr 29, 2007

bush speaks at miami dade college, pushes immigration breakthrough

excerpts:

miami — president bush, pushing for a hard-to-find breakthrough on a broad immigration overhaul, appealed to graduating college students in this diverse city saturday for help in persuading congress to produce a bill.

bush gave the commencement address at miami dade college, where more than half the students were raised speaking a language other than english. he gave the class of 2007 an assignment: tell their elected representatives in washington to get going on immigration overhaul.

"you see every day the values of hard work, and family, and faith that immigrants bring," the president said. "this experience gives you a special responsibility to make your voices heard."

bush said the immigration system is deeply broken: employers are not held accountable enough; borders are not secure enough; businesses need workers willing to do low-paying jobs; and the 12 million people estimated to be in the u.s. illegally cannot all be deported and so must be dealt with "without amnesty and without animosity."

"we must address all elements of this problem together — or none of them will be solved at all," bush said.

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sen. edward kennedy (news, bio, voting record), d-mass., applauded the renewed attention from bush.

"only a bipartisan bill will become law, and we are prepared to work with the president and our republican colleagues to get the job done and get it done right," said kennedy, a leader for his party on the issue.

bush said the talks in washington are beginning to bear fruit.

"i know convictions run deep on the matter of immigration. yet i am confident we can have a serious, civil and conclusive debate," he said in his weekly radio address aired in the morning.

most national polls show people in the u.s. are overwhelmingly supportive of an immigration overhaul that would allow those already in the country illegally to stay, work and earn their way to legal status.

*source

rookieq · Apr 29, 2007

Just came from a Nursing Expo in Brisbane Australia and there was an agency that was offering its services for Aussie nurses to work in the US, the agent was very confident that by Sept this year, the US would open up again for nurses.

Of course I just took this with a grain of salt...

lawrence01 · Apr 29, 2007

Just came from a Nursing Expo in Brisbane Australia and there was an agency that was offering its services for Aussie nurses to work in the US, the agent was very confident that by Sept this year, the US would open up again for nurses.
Of course I just took this with a grain of salt...

They are basing it on the presumption that Pres. Bush will be signing a CIR Bill by August or earlier, like he said he would, and by the looks of the current news on what's happening there is some momentum leading into that time-frame so they have a basis for their educated guess.

RNGrad2006 · Apr 29, 2007

When a bill is signed in August if that happens. Are you able to apply for I-485 before the visa numbers are available or do you have to wait the 3 months before you can even apply for I485/I-140?

lawrence01 · Apr 29, 2007

When a bill is signed in August if that happens. Are you able to apply for I-485 before the visa numbers are available or do you have to wait the 3 months before you can even apply for I485/I-140?

It's usually when the visas are actually available. So, if there will be a couple of months of lag after the signing, if ever, then you will have to wait for USCIS to announce that they are resuming it. Anyway, if it's not yet available, it's not yet available.

There is a possibility, however, that the NVC, for those doing consular processing may start "pre-processing" - sending visa fee bills and sending new edition DS- 230 forms since the current DS-230 expires on the last week of July, 2007. This is in anticipation that visa numbers will eventually be available in just a couple of months after the CIR has been signed, if ever. And they have done "pre-processing" before.

Nothing is sure about how AOS will be handled though until the Senate creates their version and the final bill between the House and the Senate has been done. Remember, this is suppose to be a comprehensive reform bill and they may think to change a few things about doing AOS since many have abused it already. Right, now I do not know anything that has been changed yet (re: AOS) but we only have the House's Strive Act to read and the Senate version and the final Bill hasn't been created yet. There are already proposals regarding making changes regarding Family-Based petitions, so it is not a far out idea to think that they might think of "fixing" how AOS is currently being done as well and this is suppose to be a comprehensive immigration reform.

Bottom line is, people thinking of doing AOS will have to wait what happens w/ CIR and if there will be new rules and policies regarding AOS and whether or not there will be significant changes or not, people will also have to wait for USCIS to announce it's resumption to receive applications for AOS.