at0474
12-13 04:12 PM
I dont think that the per-country cap on immigration is "Unconstitutional." It may not seem fair to those affected but it does not violate any article of the US consititution. The country has a right to regulate its borders; that is its right. We should try to argue that the policy is counter-productive and harmful - not that it is illegal.
--Well said.
--Well said.
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Kushal
07-27 07:15 PM
Absolutely. To amway guys:- No means NO/NOT INTERESTED.. PERIOD.. I don't care whether you were flipping burgers or dream to become a millionaire. Do it yourself . Just don't harass people. Next time you will be arrested if you harass people.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
jeet
07-03 11:54 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
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sainwa
08-17 01:32 PM
has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"?
See the things behind. he made fool of every body , CNN, media, US Immigration, you and me and got a publicity which he could have not gotten by spending millions of dollars in marketing the films.
and guess what? this was for free and he is in headlines in national news paper.
I think he wanted this to happen to get publicity for this upcoming film, now see after this incedent you, me and all of us know about this forthcoming film and will be eager to watch it.
See the things behind. he made fool of every body , CNN, media, US Immigration, you and me and got a publicity which he could have not gotten by spending millions of dollars in marketing the films.
and guess what? this was for free and he is in headlines in national news paper.
I think he wanted this to happen to get publicity for this upcoming film, now see after this incedent you, me and all of us know about this forthcoming film and will be eager to watch it.
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snram4
01-16 01:31 PM
Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
RandyK
05-01 02:46 PM
Dude,
DO NOT bring politics into this forum.
LTTE is a terrorist organization banned all over the world, first by India and US.
If you go read about the situation on the UN site you will find out that the civilians are held hostage by the LTTE and that is the main reason for the civilians to be in this situation.
If you want to see what LTTE is doing to their OWN people click on the link below and click on the link on the right hand side on top. You will see like 20 LTTE terrorists shooting at like 5000 tamils trying to escape from them. This was taken from a UAV of the SL Gov like a week ago.
http://www.defence.lk/hm/hm.asp
DO NOT bring politics into this forum.
LTTE is a terrorist organization banned all over the world, first by India and US.
If you go read about the situation on the UN site you will find out that the civilians are held hostage by the LTTE and that is the main reason for the civilians to be in this situation.
If you want to see what LTTE is doing to their OWN people click on the link below and click on the link on the right hand side on top. You will see like 20 LTTE terrorists shooting at like 5000 tamils trying to escape from them. This was taken from a UAV of the SL Gov like a week ago.
http://www.defence.lk/hm/hm.asp
more...
fide_champ
08-17 11:17 AM
You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.
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txh1b
08-18 03:53 PM
This thread is a drag and a waste of IV resources. I hope the admins lock this thread.
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gcgoingon
06-14 05:33 PM
I guess my 9 months old prediction is coming true (off by a month).
http://immigrationvoice.org/forum/1049939-post209.html
I hope your predictions for the coming months also come true..
I do not know why the bulletin is so conservative about the EB2-I estimates for the year 2010 (March/April 2006)?
The reason I am saying this is the initial estimate they gave for EB2-I in Jan '10 bulletin is Feb/March 2005.
http://immigrationvoice.org/forum/1049939-post209.html
I hope your predictions for the coming months also come true..
I do not know why the bulletin is so conservative about the EB2-I estimates for the year 2010 (March/April 2006)?
The reason I am saying this is the initial estimate they gave for EB2-I in Jan '10 bulletin is Feb/March 2005.
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morchu
06-05 02:38 PM
I guess many have mentioned this before.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
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pcs
07-03 04:12 PM
This email has been sent to all major TV anchors...
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
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_TrueFacts
09-08 10:19 PM
The 'born again' politician – 3 (http://kumarsbol.blogspot.com/2009/09/ysr-1949-2009-born-again-politician-3.html)
by Kumar Narasimha; Kumar is set for a comprehensive biography of YSR.
Estimates vary on how much wealth YSR's very large extended family and circle of friends accumulated between 2004-2009.Some say it is close to Rs. 50, 000 crore and others say it is probably around Rs. 25, 000 crore. Whatever the number is, even Naidu's mind might have boggled at the scale, I reckon.
So, what is the political and/or developmental legacy of YSR ? Large scale corruption through crony capitalism balanced by welfare doles to the poor ? Or is it, as seen by his fans, a balanced approach to development between the urban areas and the rural ones? Or, is it, center right to make business happy and center left to make the poor survive? To me, it looked like YSR focused on winning the 2009 election from day 1 of his first term and he did this by systematically giving out sops.
by Kumar Narasimha; Kumar is set for a comprehensive biography of YSR.
Estimates vary on how much wealth YSR's very large extended family and circle of friends accumulated between 2004-2009.Some say it is close to Rs. 50, 000 crore and others say it is probably around Rs. 25, 000 crore. Whatever the number is, even Naidu's mind might have boggled at the scale, I reckon.
So, what is the political and/or developmental legacy of YSR ? Large scale corruption through crony capitalism balanced by welfare doles to the poor ? Or is it, as seen by his fans, a balanced approach to development between the urban areas and the rural ones? Or, is it, center right to make business happy and center left to make the poor survive? To me, it looked like YSR focused on winning the 2009 election from day 1 of his first term and he did this by systematically giving out sops.
more...
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InTheMoment
09-14 09:16 PM
It is important to know the numbers of traditional labors filed in year 2005 before PERM was implemented on March 28, 2005. Does anybody have hard numbers on these ?
This is a very relevant piece of info, as tons were filed because PERM was a new animal and no one wanted to play around with it before they understood it.
This is a very relevant piece of info, as tons were filed because PERM was a new animal and no one wanted to play around with it before they understood it.
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acecupid
07-17 11:25 AM
Even after seeing Aug �08 bulletin are you still saying that it is just a speculation? If that makes you happy - be happy, but unfortunately horizontal spill-over is the fact now. Let us wait and see whether it is a permanent approach or not.
Let you be the master of INA law; give me the source where it says differently.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
Let you be the master of INA law; give me the source where it says differently.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
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dilipcr
06-11 10:08 PM
Dilip,i read your old post from 2003, indeed a roller coaster ride...remember good KARMA, you had tons of it man!!
I am not a strong believer in Karma as Karma is something whose existence is determined based on the aftermath of success we achieve in our trials and tribulations. I hope that you people appreciate my opinion that geniuine people need not worry abt GC timelines. It will happen. I dont believe in the policy of these L1s getting GCs because most of them, if not all, do not fall under the superior skillsets category. In addition, they unabashedly jump the queue in terms of GC, flout rules and end up lowering the wages of the existing people. This was also the case back then in 2001.
Back then there was a misplaced sense of security amongst these people working for these outsourcing companies that lower salaries meant guaranteed job security. Most of them never had the confidence in their own skills to venture out on their own. They preferred the tutelage and security of their firms. Their skillsets were run of the mill and so they continued diluting the IT wages. It is the same scenario repeating today wherein these type of guys are under the L1 visa. An insignificant minority among these may be talented but it is not worth the time spending to identify these cases. In my opinion, there is no need to feel sympathetic towards the people from these companies. I may seem to sound harsh here but if you think through my opinions you would realize that my opinions are in the best interests of preventing wage destruction for those working directly for companies n a H1B.
I am not a strong believer in Karma as Karma is something whose existence is determined based on the aftermath of success we achieve in our trials and tribulations. I hope that you people appreciate my opinion that geniuine people need not worry abt GC timelines. It will happen. I dont believe in the policy of these L1s getting GCs because most of them, if not all, do not fall under the superior skillsets category. In addition, they unabashedly jump the queue in terms of GC, flout rules and end up lowering the wages of the existing people. This was also the case back then in 2001.
Back then there was a misplaced sense of security amongst these people working for these outsourcing companies that lower salaries meant guaranteed job security. Most of them never had the confidence in their own skills to venture out on their own. They preferred the tutelage and security of their firms. Their skillsets were run of the mill and so they continued diluting the IT wages. It is the same scenario repeating today wherein these type of guys are under the L1 visa. An insignificant minority among these may be talented but it is not worth the time spending to identify these cases. In my opinion, there is no need to feel sympathetic towards the people from these companies. I may seem to sound harsh here but if you think through my opinions you would realize that my opinions are in the best interests of preventing wage destruction for those working directly for companies n a H1B.
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needhelp!
09-23 02:21 PM
Sending link to TX chapter now.
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akred
02-13 12:36 PM
I think the US government wanted it this way.
Yes. Racial exclusion and preference for European immigration has a long history in US immigration law.
http://academic.udayton.edu/race/02rights/immigr09.htm
Yes. Racial exclusion and preference for European immigration has a long history in US immigration law.
http://academic.udayton.edu/race/02rights/immigr09.htm
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grupak
12-13 10:46 AM
Your suggestion seems interesting. Not a lawyer so absolutely no idea if it will fly.
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jsb
06-08 10:59 AM
:) I thought it was understood by now, that without changes in law, there is no "speedup" (for 485 approvals). USCIS has been super efficient recently, what is missing is the "visa number".
Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.
For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).
Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.
For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).
gonecrazyonh4
11-11 10:49 AM
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
lazycis
02-14 12:58 PM
Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
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