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Greg Siskind on Immigration Law and Policy

MORE DETAILS ON WHITMAN NANNY CONTROVERSY EMERGE

Rating: 6 votes, 5.00 average.

Confusing. Nicandra says Meg never made her complete an I-9. But Meg apparently got a social security number since she allegedly received a no match letter. And uber-lawyer Gloria Allred claims she's got documentation she's going to release. 

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  1. F's Avatar
    I think this lawyer is more of a reality TV star than a lawyer. Look at the picture. I just cant stand this lawyer for some reason. This lady is just on the other end of the spectrum from Nancy Grace.

    http://www.huffingtonpost.com/2010/09/30/meg-whitman-gloria-allred_n_745046.html
  2. USC's Avatar
    Senators Leahy/Menandez introduce CIR Version 2010:

    http://amvoice.3cdn.net/2cb2c038a468f8d05b_zqm6iivrz.pdf

  3. Legal and no longer waiting's Avatar
    Obviously, Allred is using the poor housekeeper for her own benefit. I doubt she cares if the poor woman will now be deported. So is politics...
  4. F's Avatar
    "Obviously, Allred is using the poor housekeeper for her own benefit. I doubt she cares if the poor woman will now be deported. So is politics..."

    There would a private bill to protect here by one of the democrats .
  5. F's Avatar
    "Senators Leahy/Menandez introduce CIR Version 2010:"


    One of the talking points says

    "They will not obtain green cards before those who were waiting in line to immigrate as of date of enactment."

    I beleive this when I see the complete text of the legilslation . I hope that waiting in line definition includes people who are waiting outside USA too .

    I dont see any represenation for private sector in the proposed commission. Immigration system as exists today itself is a big bueracratic mess, I Can only imagine how it will look like once Obama starts appointing Daily Kos crowd to these commissions.
  6. George Chell's Avatar
    This is the video the Dems should use against her...

    http://www.sfgate.com/cgi-bin/blogs/nov05election/detail?entry_id=73508
  7. Legal and no longer waiting's Avatar
    "There would a private bill to protect here by one of the democrats ."

    Unlikely. Anyway, if people (who obviously lived and worked in the US for a long time) did not have to resort to such drastic measures to fix their status, then maybe life was easier for the politicians. Talk about a win-win.
  8. Another Voice's Avatar
    UNRELATED


    Comprehensive Immigration Reform Bill Introduced in the Senate

    Menendez-Leahy Bill Another Step Forward

    September 30, 2010

    Washington D.C. - On Wednesday, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced S.B. 3932, The Comprehensive Immigration Reform Act of 2010. The bill takes a broad approach to solving the wide range of problems that plague our broken immigration system. It offers proposals on border, interior, and worksite enforcement, on legalization, and on future flows of immigration. Now the Senate and House both have a vehicle (Congressman Luis Gutierrez previously introduced a CIR bill in the House last December) for generating a serious discussion on immigration reform in the coming weeks. These bills are a direct response to the overwhelming public demand for solutions to our broken immigration system. Both political parties have acknowledged that this broken system is no longer sustainable, and is disrupting America's businesses, families, and long-term economic recovery.

    "It is hard to turn ideas into legislation and legislation into good law, but Senators Menendez and Leahy have injected new life into the immigration reform debate," said Mary Giovagnoli, Director of the Immigration Policy Center. "At a time when every social issue we care about bumps up against immigration - healthcare, national security, and the economy - this bill is a step in the right direction. However, attention now turns to the rest of the Senate and House - where there are serious comprehensive proposals which lawmakers can react to and build upon - and the question remains; will they embrace this challenge or kick it down the road once again?"

    The Immigration Policy Center has prepared a summary of the The Comprehensive Immigration Reform Act of 2010 which can be accessed at:


    The Comprehensive Immigration Reform Act of 2010: A Summary (September 30, 2010)
  9. Another Voice's Avatar
    The Comprehensive Immigration Reform Act of 2010: A Summary

    http://www.immigrationpolicy.org/just-facts/comprehensive-immigration-reform-act-2010-summary
  10. Legal and no longer waiting's Avatar
    This bill has been flying around for a while now. Not a good one, in my opinion. Too much bureaucracy (aka enforcement), and it is unlikely to prevent illegal immigration going forward.
  11. Another Voice's Avatar
    I agree plus is pure political posturing.... no chance to pass at all!!!
  12. Tundra/Desert's Avatar
    "They will not obtain green cards before those who were waiting in line to immigrate as of date of enactment."

    According to the 09/2010 Visa Bulletin, that would put the timeframe for LPI to become an LPR at something like 19 years (01JAN91 Philippines Family 4th), not the nominal 6.
  13. Tundra/Desert's Avatar
    So these H-2C's in S.3932, they seem like they'd be getting a really sweet deal, at the expense of just about everyone else. Let's see. There is no explicit wording in S.3932 that I can notice (I only went through the AILA 73-page summary---there's a chance it's in the full text, albeit small) that would state that the overall employment-based quotas would be revised or that a dedicated stream would be available to these H-2C's, separate from FB and EB. So the self-petitioning-after-4-years H-2C's would presumably go into EB as some sort of sixth or so preference, and as a whole the EB would still be subject to the same 144k quota. Carving out the new preference would take away from the other preferences; and this new preference can't be small, a token couple thousand a year would be inconsistent with the legislative intent, especially given that the numbers under the H-2C can easily be in the millions. Now, according to the bill, there won't any longer be per-country EB limitations, only an overall limit. The most obvious outcome? a permanent backlog in EB-1, -2, -3, regardless of the country of origin, stretching into years for -1 and tens of years for -3.
  14. Legal and no longer waiting's Avatar
    Tundra/Desert, the EB quotas will not be 144K. They will be set up by a commission, and it is my expectation that they will be increased. I think, the same thing will apply to this new EB category.

    You should really root for the H2s to get a better deal, in fact, the best deal possible. If it happens, then it will work better, and you can argue very easily that existing EB categories need to be changed in a similar way - self petitioning after X years, no LCs.
  15. Tundra/Desert's Avatar
    And of course the LPI seems like the worst slap in the face to law-abiding EB. Indeed as I just pointed out, for an LPI to get a green card would require 20+ years; not great. But look at what you get during these 20+ years: "Individuals granted LPI status will be issued [...] documentation [that] can serve as a valid travel and entry document and as a valid work authorization document." "[LPIs] will be granted employment authorization, and they may travel outside of the U.S. for a period of less than six months and be readmitted [...]." And, of course, "Other lawful status (i.e., [...] nonimmigrant visa [...])" makes one ineligible for LPI. So, in essense, unrestricted EAD + travel cards for LPIs for that period they are waiting to apply for LPR; not that much different from an actual green card.

    But if you are currently on an H-1B, under this bill you remain tied to the petitioning employer, and that is likely to last 10+ years if all you can hope for is EB-3, _across all countries of origin_. You still need to renew the H-1B visa stamp if you wish to travel, although the bill says that can be done inside the U.S. (which, if this bill goes anywhere, has a high likelihood to be stuck out due to the usual "security concerns"). You're laid off and can't find a job? there's now a generous 60-day period for you to leave. How nice.
  16. George Chell's Avatar
    "I agree plus is pure political posturing.... no chance to pass at all!!!"

    Totally agreed. We have precedence for this. It was called the Simpson-Mazolli bill. Both these guys wanted to reduce immigration to 280,000 a year back in 1981-84. It did not pass. It damaged US reputation among corporations. Unemployment which was at 5.9% in October 1979 did not get back to that level at least until the Simpson-Mazolli danger had passed..in October 1987...eight years. Jobs which would have otherwise stayed in the US moved to countries such as Singapore and regions such as Hong Kong and Shanghai contributing mightily to the economic development of those places. Everytime I go to Singapore or Hong Kong I think of Simpson-Mazolli and their gift to those places....and the gift keeps on giving. This time economists say it is different...it will take at least till 2014 to get unemployment down to 5%. They are wrong. This time it is as bad as the early 1980s. The unemployment rate was 5.8% in March 2008. Based on what happened in the 1980s..and the parallell to the Simpson-Mazolli bills, the country would bleed jobs to other countries such as Singapore..if we are lucky it would be exactly the same as the 1980s, unemployment will fall to 5.9% by March 2016...that is if we dont have another recession between now and then...and although I do not believe double dip is likely, another recession in 2013 or 2014 is a distinct possibility...commission or commission I fear for this country..the future does not look good and the center of gravity is shifting towards Asia!

  17. Tundra/Desert's Avatar
    I stand corrected---had to go read the full text of S.3932 as to the impact on quotas. The EB quota will stay at 140k, at least initially. The following will be exempt from the 140k: (1) all EB derivatives; (2) EB-1 (or so); (3) people with U.S. STEM degrees; (4) physicians; (5) H-2C.

    So, the impact of H-2C will not be nearly as negative on the rest of EB as I had feared. Still, self-petitioning after 4 years vs. many years on H-1B/EB-3? who will file for H-1B anymore if the H-2C seems to be so expansive as to include just about any occupation sans construction?
  18. USC's Avatar
    The smoking gun:

    http://news.yahoo.com/s/ap/20100930/ap_on_el_gu/us_california_governor_housekeeper

    "At bottom of letter, "Dr. Harsh has written: 'Nicky, please check this. Thanks,'" Allred said, adding that the housekeeper recognized the handwriting as belonging to Whitman's husband.

    A message left with the Whitman campaign was not immediately returned. Harsh did not respond to questions from The Associated Press about whether he had seen the letter or whether the writing was his.

    Whitman said earlier that she and her husband never got the letter, which noted a discrepancy in Diaz Santillan's Social Security number."

    Sweet!
  19. USC's Avatar
    Any person who lives in the real world knows whether or not the person working directly with or under them is a legal or an illegal.

    The maid worked for Whitman for 9 years. Experience tells me that she would know that the maid was an illegal. That makes Whitman dishonest and a liar. If she couldn't figure out that the maid was an illegal then that makes her incompetent and fool.

    This kind of personality tends to blame someone else for their mistakes & errors. True to form she points the finger at Governor Brown. Candidate Whitman is completely disgusting and the voters of California vote for her at their peril.
  20. Legal and no longer waiting's Avatar
    "So, the impact of H-2C will not be nearly as negative on the rest of EB as I had feared. Still, self-petitioning after 4 years vs. many years on H-1B/EB-3? who will file for H-1B anymore if the H-2C seems to be so expansive as to include just about any occupation sans construction?"

    The bottom line is to ask for more things that make sense. I have long maintained that "recapture" is a not a lofty goal, and probably counterproductive given how much effort it takes to push anything through the Congress - the outcome is just not worth the effort. Ask for small beans, get smaller beans back. The lesson from this bill is that other categories (i.e. EB and FB) need to be more strategic and ask for things that will truly make a difference. If this goes through the way it looks right now (which is unlikely, of course), it would suck not to use the opportunity fully for advantage, but it is better than nothing, and once a precedent of self petitioning based on employment sets in, it would be easier to extend it.

    By the way, if this goes through, EB3 lines will probably disappear for a while (exlusion of derivatives doubles the quota, and STEM exclusion will at least triple it). Still, a self petitioning option is better, in my opinion, since it makes workers less dependent on the employer whim.
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