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Greg Siskind on Immigration Law and Policy

SPECTOR PLANNING TO OFFER TONED DOWN IMMIGRATION REFORM BILL

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Thanks to an alert reader for sending this link. The bill seems likely to be a turnoff to Democrats who will not be happy about the treatment of illegal aliens. I have a feeling this one will be dead on arrival, but we'll have to see.

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  1. USC's Avatar
    There are two ways of implementing immigration reform.

    One is the all or nothing approach. This approach means that whenever partial relief is proposed we should oppose it. For example, relief for a specific category of people, such as the Schumer amendment for nurses, Cornyn Amendment for re-capturing numbers for nurses and EB categories and increasing H1b numbers, Reid amendment for the DREAM and AgJob folks.

    The other approach is Immigration Reform an inch at a time. This is how waring nations improve their relations. First, impliment sporting ties, then increase cultural ties, increase tourism and then move on to the more important issues. If this approach were followed Congress would tackle border security, schedule A, EB Reform, FB Reform and save the illegal problem for lost. When this approach is followed the problem can be seen in the food fights that erupt on this blog.

    Frankly, I don't know which approach would be better. I am torn between the two. However, CIR did fail so perhaps the second approach might stand a better shot.
  2. USC's Avatar
    Edit:

    lost should read last
  3. Legal and waiting's Avatar
    What I think they should do is a one-year moratorium on admissibility bars - anyone who leaves the country during that period is not subject to them. As a result, tens (maybe hundreds) of thousands people will leave for CP or to get visas, and the Congress will have to act to provide further relieve. It is one thing to vote ney to the CIR when your grass is mowed and food is fresh, and another when your plumbing is leaking and there is no one to fix it. That happened in Indonesia a few years ago - they did 'amnesty for those who leave' (mostly, Malasians), and two week later they had to beg them to come back with all kinds of new legislation.
  4. USC's Avatar
    "What I think they should do is a one-year moratorium on admissibility bars"

    What should be done is that the admissibility bars should be removed period. I am surprised that Battli' Bill did not veto this anti-immigrant provision.

    However, I would support the retention of the admissibility bars if Congress were to make all NIVs dual intent. The rationale behind my thinking is that if a person visits (studies) the US and if he violates provisions of that visa and as a result becomes ineligiby for an IV then he will make sure that he goes home at the end of his authorized stay. Then, the admissibility bars would serve a purpose in providing a deterent rather than being just anti-immigrant.

    Congress, can't have it both ways. IOW, Have Cake...Eat it too!
  5. USC's Avatar
    Greg:

    http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00280

    See above roll call vote. From the title of the amendment and the voting pattern of the Senators this might be an anti H1b provision. The text is not yet available but I thought I would alert you to this.
  6. In Immigration Limbo's Avatar
    Reading about admissibility bars makes me wonder about something. Lets say you are on an non immigrant work visa (NOT dual intent) and you file an I-140 and i-485 in this short window of opportunity where categories are current. If it is rejected for whatever reason (overzealous mail room clerk, missing paperwork,etc.), and there is a record in the system that you tried to apply for permanent residency, would you be barred from getting another NIV for 3 years?
  7. USC's Avatar
    "If it is rejected for whatever reason (overzealous mail room clerk, missing paperwork,etc.), and there is a record in the system that you tried to apply for permanent residency,"

    This is more a question for Greg. But my guess is that if it is rejected due to missing paperwork then it is not a filing and you won't get a receipt notice. There should be no record in the system if you don't get a receipt notice.

    "would you be barred from getting another NIV for 3 years?"

    Filing for a IV doesn't bar you from getting a NIV. It just makes it harder to convince the American Consul that you will come back at the expiration of your permitted stay.

  8. In Immigration Limbo's Avatar
    Thanks USC,

    Ah yes, now I remember someone posting the rule for this situation. It said something like they will give you "extra scrutiny" when you apply, but that you are not automatically barred.

    I guess I am just getting a little jittery waiting for our applications to be processed. I have way too much time on my hands while I wait for my EAD which could be months away.

    BTW, for those eligible for TN status which can be processed at border crossings, my attorney believes that the Nogales crossing in southern Arizona is the best one to use, as they interpret the rules in the most liberal way possible and are very immigrant friendly. If it is not too far out of the way, you might consider using it. The worst ones in her opinion and experience are in Southern Ontario (I seem to remember something about Pearson airport being really bad, rejecting applications that are clearly valid).

  9. USC's Avatar
    Reform may come in 2009:

    http://thehill.com/leading-the-news/anxious-republicans-fear-another-beating-2007-07-27.html

    "Ensign has to defend 22 Senate seats. Only 12 Democrats are up for reelection. Already, Sen. John Sununu (N.H.) is well behind his likely Democratic challenger. Republican incumbents from Minnesota, Oregon and Maine also face tough races."

    That's four pick-ups. Another five will make it a 60-40 ball game!
  10. In Immigration Limbo's Avatar
    So far the Democrats have shown a protectionist streak. I am still not convinced that a 60-40 split of Dems to Republicans will be any help to legal immigrants.
  11. USC's Avatar
    ILL:

    I agree. The Dems are:

    Bad for H1b, Nurses
    Average for EB
    Good for FB
    Excellent for the illegals
  12. USC's Avatar
    ILL:

    Then there is the small matter of Byrd. No matter what anti-immigrant legislation comes down the pike, he is for it.
  13. In Immigration Limbo's Avatar
    True about Byrd. He looks to be in pretty rough shape. I wonder if he will be forced to retire soon.



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