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  • purgan
    11-11 10:32 AM
    Randell,
    Congratulations on getting the attention of the Times, and your tireless efforts in spreading word of the broken legal immigration system.

    ===

    New York Times
    Immigration, a Love Story

    http://www.nytimes.com/2006/11/12/fashion/12green.html

    WHEN Kenneth Harrell Jr., an Assemblies of God minister in South Carolina, invited Gricelda Molina to join his Spanish ministry in 2000, it didn’t take him long to realize he had found the woman he had been waiting for. On the telephone and during romantic strolls they talked about their goals, their commitment to God and how many children each would like to have. Six months flew by, and he asked her to marry him.

    “She’s a beautiful woman with a beautiful spirit, very gentle, very sincere,” Mr. Harrell said. But Ms. Molina, a factory worker, was also an undocumented immigrant from Honduras, who had crossed into the United States twice, having once been deported. Mr. Harrell, the pastor of Airport Assembly of God church in West Columbia, said he was not too concerned. “Whatever came, we would walk through this path together,” he said.

    Mr. Harrell and Ms. Molina, both 35, married in 2001, in a large wedding attended by family from both sides and blessed by pastors in English and Spanish. But the Harrells no longer live together, not because of divorce, but because Mrs. Harrell, now the mother of two sons and four months pregnant with their third child, has been deported. She had applied for legal residency, or a green card, with her new husband as her sponsor, Mr. Harrell said, but she was sent back to Honduras 20 months ago because of her illegal entries and told she would have to wait 10 years to try again.

    “Illegals are pouring over the border,” said Mr. Harrell, who has visited his family five times. “We meet them, we fall in love with them, we marry them. And then the government tears your family apart, and they take no responsibility for letting them in, in the first place.”

    Falling in love and marching toward marriage is not always easy, but a particular brand of heartache and hardship can await when one of the partners is in this country illegally. The uncertainty of such a union has only been heightened by the national debate over illegal immigration. Whether the new Democratic leadership in Congress will help people like the Harrells remains to be seen.

    It is hard to quantify how many people find themselves in Mr. Harrell’s situation, but with stepped-up enforcement in recent years, deportations have increased, and so have fears of losing a loved one in that way. (There were 168,310 removals in 2005, compared with 108,000 in 2000, immigration officials said.)

    And that is only one byproduct of love between two people with such uneven places in society, immigration lawyers say. Many relationships strain under the financial burden of hiring lawyers for what can turn into years of visiting government offices, producing pictures, tax records and other evidence of a legitimate marriage in the quest for legalization. And while instances of immigrants faking love for a green card are in the minority, according to immigration officials, some couples feel pressure to marry before they are ready, hoping that marriage will prevent a loved one’s deportation.

    Raul Godinez, an immigration lawyer in Los Angeles, said: “I ask people, ‘How much do you love this person? Because immigration is going to test your marriage.’ If you don’t feel it’s going to be a strong marriage, I wouldn’t do it.”

    Many people may still believe that obtaining legal status through marriage is easy, because of periodic reports of marriage scams. In a three-year investigation called Operation Newlywed Game, immigration and customs enforcement agents caught more than 40 suspects in California for allegedly orchestrating sham marriages between hundreds of Chinese or Vietnamese nationals and United States citizens. But such fraud occurs in only a minority of cases, federal officials said.

    In reality, immigration lawyers said, marrying a citizen does not automatically entitle the spouse to a green card and is only the first step in a long bureaucratic journey. The lawyers noted that changes in the law in the last five years have made this legalization path increasingly difficult, one worth choosing only if true love is at stake. (Other routes include sponsorship by immediate family members or an employer.)

    The Harrells said they had no idea how difficult it could be and were shocked when Mrs. Harrell’s application for permanent residence was turned down, leaving them only 12 days to prepare for her departure. In that time, Mr. Harrell said, they decided that the children, now 4 and 3, would go with her. So Mr. Harrell obtained passports for them, and the church held a farewell service.

    “It was very traumatic,” he said. “Our whole world was crashing around us.”

    In Yoro, in north central Honduras, where Mrs. Harrell and the children live with her parents, she said the older boy constantly asks for his father, begging, “Let’s go to my papa’s house.” She has coped with her own dejection, too. “I know how much work he has over there,” she said by telephone. “He needs his wife.”

    But even in the best of circumstances, when an immigrant enters the country legally, couples may have to rearrange their lives and defer their dreams.

    Paola Emery, a jewelry designer, and her husband, Randall Emery, a computer consultant in Philadelphia, said they delayed having children and buying a house for the nearly four years it took the government to complete a background check for Mrs. Emery, who had entered the country from Colombia with a tourist visa and applied for permanent residency after they married in 2002.

    Mrs. Emery, 27, said lawyers advised them it was not wise for her to risk trouble by visiting her close-knit family in Colombia and then trying to re-enter this country. She said she was absent through weddings, illnesses and even the kidnapping and rescue of an uncle.

    “I felt like I was in jail,” Mrs. Emery said.

    Officials with the Citizenship and Immigration Services in the Homeland Security Department say that delays lasting years are rare, but some immigration lawyers say they see clients who wait three to four years for security clearance. Mrs. Emery and her husband, 34, sued Homeland Security over the delays, and she was finally cleared last May. By then Mr. Emery had helped form American Families United, a group of citizens who have sponsored immediate family members for immigration, and which advocates immigration-law change to keep families together. Immigration Services officials say they are not out to impede love or immigration. Nearly 260,000 spouses of citizens received permanent residency through marriage last year, out of 1.1 million people who became permanent residents, according to the Immigration Services office. “The goal is to give people who are eligible the benefit,” said Marie T. Sebrechts, its spokeswoman in Southern California. She said the agency does not comment on individual cases.

    When a legal immigrant is sponsored by an American spouse, she said, the green card can be obtained in as little as six months. But with complications like an illegal entry, laws are not that benevolent, Ms. Sebrechts said. In those cases, the immigrant usually must return to the home country and wait 3 to 10 years to apply for residency, though waivers are sometimes granted.

    Such obstacles are far from the minds of couples when they meet. And for some, so is the idea to question whether the beloved feels equally in love with them.

    Sharyn T. Sooho, a divorce lawyer and a founder of divorcenet.com, a Web site for divorcing couples, said she has represented American spouses who realized too late that the person they married was more interested in a green card than in living happily ever after. “They feel conflicted, used and abused,” she said. “It’s a quick marriage, and suddenly the person who was so sweet is turning into a nightmare.”

    But more often, said Carlina Tapia-Ruano, the president of the American Immigration Lawyers Association, couples marry before they are ready because “there’s fear that if you don’t do this, somebody is going to get deported.”

    Krystal Rivera, 18, a college student in Los Angeles, and her boyfriend fall into this group. Ms. Rivera is set on marrying in April 2008, even as she worries that it may put too much pressure on the relationship.

    “I never wanted to follow the Hispanic ritual of getting married early,” said Ms. Rivera, a native of Los Angeles whose parents emigrated from Mexico.

    She said she fell in love at 13 with a Mexican-born boy who sang in the church choir with her. “He started poking me, and I said ‘Stop it!’ ” she remembered.

    Ms. Rivera is still in love with the boy, now 19, who was brought into the country illegally by his mother when he was 12. He goes to college and wants to become a teacher, while she hopes to become a doctor.

    But for those plans to work, Ms. Rivera said, she needs to help him legalize his status. She said she has witnessed his frustration as he dealt with employers who didn’t pay what they owed him or struggled to find better jobs than his current one as a line cook. Because of his illegal status, he is unable to get a driver’s license or visit the brothers he left in Mexico. “We want to be normal,” Ms. Rivera said.

    The Harrells, too, have decided to take charge. After months of exploring how to reunite the family and spending thousands of dollars on lawyers, Mr. Harrell has decided to leave his small congregation, sell his house and join his wife in Honduras. He will be a missionary for his church for a fraction of the $40,000 a year he makes as a minister.




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  • yabadaba
    06-18 12:00 PM
    thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status




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  • 140jibjab
    02-25 04:53 PM
    People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.

    I think it is a Petty case. As long u can provide the Court Disposition and the ticket issued to the consular officer, You will get the Visa.. Provide as much documentation about the case to the consular officer.

    SNTHAMPI , you work hard dude, don't be Hard on others.




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  • GCmuddu_H1BVaddu
    02-01 08:11 PM
    I would suggest to build a wind mill and generate own power next winter :D

    My a** was burned with big electricity bill last winter when I was in apartment . If I put 70 hall will be very hot and bed room will be very cold. If I put 75 bed room is ok but people in hall are sweating. No proper control because of poor maitenance and also the apartment location.

    You will be surprised I am paying less power bill now in new house of 2500 SQFT than I was paying in 1100 SQFT apartment (with no one at home from 8 AM to 6 PM and all lights off by 10.30 PM).

    I am repeating myself, most of the times it is because of the poor maintenance of the heating system. That causes the system to run all the time.Ask how long ago the management did maintenance to the heating system (not just replacing the filter twice a year which doesn't do anything other than clean air)



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  • casinoroyale
    02-06 09:11 PM
    >IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

    No. Its all the same 221(g) or Administrative Processing.




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  • adibhatla
    06-16 11:52 AM
    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"

    Hi Chandu,

    Could you tell me what needs to be written to the congressman (looking at the content).

    Appreciate your help in this regard.

    MA



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  • eb3retro
    08-30 12:38 PM
    My PD is 2002 Aug


    hi redhat..

    welcome to IV. looks like you joined IV recently. I hope you will get answers for your questions here and will come out of this RFE mess. Please do consider abt giving IV (and yourself) a hand in the Washington Rally. All the best.




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  • apb
    09-14 01:26 PM
    did anybody see any lud on their case?



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  • shukla77
    11-14 09:15 PM
    :)Wow.. That sounds like a plan..:D:D:D.. What about contacting Lalu...

    [QUOTE=kumarc123;195464]Hello all IV members,

    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    QUOTE]




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  • vikrantp
    01-23 08:45 AM
    I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..

    Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:



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  • bsbawa10
    07-11 10:13 PM
    Did not want to go off topic but I was just wondering why this thread is not on "Donor Forum". In other words I was thinking what goes in Donor forum and what does not and how is that decision made. Also does anybody think that donor forum is mis-named. Donor is the one who just donates and does not get anything special back. These should be called "Paid Services". What do you think ?




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  • vrbest
    01-21 05:50 PM
    Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...

    Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?

    Thanks in advance!



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  • sumansk
    07-12 02:01 PM
    Guys!
    Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...

    Keep up the spirits MAN !!




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  • smuggymba
    10-18 03:13 PM
    My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.

    any exp with texas DMV about giving DL to EAD OPT holders?



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  • meridiani.planum
    05-15 05:14 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.

    not to be too blunt, but:
    http://gracefulflavor.net/2008/04/29/prayer-death/
    prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.

    So call representatives during the day:
    http://immigrationvoice.org/forum/showthread.php?t=19113
    and pray in the evening.




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  • yagw
    07-11 06:35 PM
    Beware...read this:
    http://www.usimmigration.net/images/7-8-08_Debarment_of_a_Software_Co_from_PERM_filings_fo r_3_yrs.pdf

    Just an FYI, this company is the one that develops SW to help attorneys in filing the PERM. Looks like they used the USCIS website as a testing place for their SW and hence the debarment. Should not be a problem for most of the companies (wonder any?) out there.

    From the announcement:

    "..
    LawLogix submitted more than 100 applications
    using the permanent program�s online filing system in the last year, apparently for the
    sole purpose of testing the parameters of the department�s electronic processing system.
    ...
    "



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  • tapukakababa
    05-24 01:45 PM
    Why can't every Indian residing in US come together and make a pledge to not work even for one day throughout the US. Then they will know how much they need us and how big impact they will have on their economy.

    We just talk and do nothing. Everyone cares about himself. Nobody has made ever an effort to stand united as an Indian community and show this country that without us they can't even step outside of their houses.

    Do something drastic instead of just talking big words. And people on higher position should initiate this and if they can't tell us that they can't handle it all.




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  • Redeye
    08-21 01:53 PM
    CasionRoyale,

    From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?

    Do you expect any issues using old petition?
    If there are any can we enter using AP?

    Thanks

    (1) To being with, I have made an appointment using nvars.com at Ottawa for Sept 22nd. It was not easy, I have refreshed that page hundreds of times entering that security code. Several times I felt dizzy doing that.

    (2) Working on Canada visitor visa

    Questions:

    I-94:
    Based on what I read, it seems like we do not need to return our existing I-94s while entering Canada. Is this true if you enter either by Air or Land?




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  • bb8185
    06-05 10:54 AM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    Elaine, many thanks for taking the time to be on this forum.

    Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.

    Many thanks again

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