drona
09-07 02:54 PM
Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.
http://immigrationvoice.org/forum/showthread.php?t=12976
http://immigrationvoice.org/forum/showthread.php?t=12976
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krish420
08-14 10:05 AM
For my marriage, I applied for her appointment at the consulate on L2. The date was set such that we would have our marriage certificate by then. When she went for the interview, she showed them the marriage certificate, and got the L2 approved.
If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc
If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc
sircaustic
05-13 09:49 PM
If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.
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mudigondag
05-19 02:27 PM
Friends;
My EB3 AOS was filed in July, 2007.
I have a valid H1 upto July, 2010 and my EAD expires September, 2010.
My wife and daughter have valid H4 upto July, 2010 and their EAD expires September, 2010. Both have used EAD.
APs are expiring in July 2010 for all of us.
My employer has filed for H1 extension.
I have couple of questions regarding my family�s statuses;
1. If my wife and daughter do not want to renew their EADs/APs (or renewal gets delayed beyond September, 2010), what is their legal status in US as they don�t have a valid I-94?
2. As they already used EADs, I think they are not eligible for H4 filing. Can someone confirm?
3. Does anyone have experience of renewing Driving license without EAD or H4 during AOS?
Thanks
Venu
My EB3 AOS was filed in July, 2007.
I have a valid H1 upto July, 2010 and my EAD expires September, 2010.
My wife and daughter have valid H4 upto July, 2010 and their EAD expires September, 2010. Both have used EAD.
APs are expiring in July 2010 for all of us.
My employer has filed for H1 extension.
I have couple of questions regarding my family�s statuses;
1. If my wife and daughter do not want to renew their EADs/APs (or renewal gets delayed beyond September, 2010), what is their legal status in US as they don�t have a valid I-94?
2. As they already used EADs, I think they are not eligible for H4 filing. Can someone confirm?
3. Does anyone have experience of renewing Driving license without EAD or H4 during AOS?
Thanks
Venu
more...
dohko
07-29 02:25 PM
Well, He doesn't know a whole lot about immigration issues.
I already have my green card so I don't have anything to hide.
I just need some advice because he's in a different field. (engineering) and I got mine in Market Research.
I already have my green card so I don't have anything to hide.
I just need some advice because he's in a different field. (engineering) and I got mine in Market Research.
desi3933
06-02 04:04 PM
Hello all,
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
http://adoption.state.gov/country/india.html
.
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
http://adoption.state.gov/country/india.html
.
more...
akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
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reddy2cool
09-12 12:58 PM
bump..guys plz do reply
more...
fromnaija
11-06 10:12 AM
Nothing stops you from changing your employer and submitting another H1 "transfer" with a transfer pending. This is called an anchor transfer. But beware that if the pending transfer is withdrawn by your former employer then USCIS will deny the newer transfer. I read about that somewhere but I don't have the link right now.
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archpai
12-07 10:24 PM
Hi,
I took my 2.5 year old to the FP.
The security officer did not ask anything about him.I was allowed to go with my son.There was no problem.
I took my 2.5 year old to the FP.
The security officer did not ask anything about him.I was allowed to go with my son.There was no problem.
more...
trnandakumar
11-03 07:10 PM
I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
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mariner5555
05-27 04:02 PM
Hi All
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
more...
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sendmailtojk
11-11 03:54 PM
I was recently approved for an employment based GC. Along with me, my wife and < 21 daughter got too. My EB2 labor was applied in Apr 2003 when my son had just crossed 21 years of age (March 1).
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
tattoo I have an iPod Touch 4g on
Blog Feeds
06-05 01:40 AM
A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.
What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.
In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.
Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)
More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)
What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.
In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.
Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)
More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)
more...
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acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
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Blog Feeds
05-14 08:00 AM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEixEYc8IqIrTUFueUo2Ga6jtRI9GTBNcKMC_DqiVlZQTaGVT16qsgdv87-KF9LdgEBDn5HI4LYl32NEL20BlfaX6nvbb5DzRPVqmxr4BJPtIABA5ZDoRRGdLHg71duqO3Vp27gtZTnRPvvw/s320/Green+card+-+new.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEixEYc8IqIrTUFueUo2Ga6jtRI9GTBNcKMC_DqiVlZQTaGVT16qsgdv87-KF9LdgEBDn5HI4LYl32NEL20BlfaX6nvbb5DzRPVqmxr4BJPtIABA5ZDoRRGdLHg71duqO3Vp27gtZTnRPvvw/s1600/Green+card+-+new.JPG)
USCIS has announced that it has redesigned the Permanent Resident Card (green card) with enhanced security features - and a "new" color. For many years the card has been white, pink before that, and green a long time ago.
The new security features are described as follows:
Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
Existing card holders don't need to do anything. They will get new cards as they apply for renewals or replacements in the normal course.
For more information, see the USCIS press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) and the fact sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34233893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
https://blogger.googleusercontent.com/tracker/2893395975825897727-2786729066335297862?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/05/green-card-to-be-green-again-in.html)
USCIS has announced that it has redesigned the Permanent Resident Card (green card) with enhanced security features - and a "new" color. For many years the card has been white, pink before that, and green a long time ago.
The new security features are described as follows:
Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
Existing card holders don't need to do anything. They will get new cards as they apply for renewals or replacements in the normal course.
For more information, see the USCIS press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) and the fact sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34233893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
https://blogger.googleusercontent.com/tracker/2893395975825897727-2786729066335297862?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/05/green-card-to-be-green-again-in.html)
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phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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485Mbe4001
04-19 02:27 PM
Please talk to your congressman and/or Senator and update them of your plight in particular and the EB immigration mess in particular. They are very responsive.
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Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
pappu
04-07 04:59 AM
Check news article thread first post and modify the text. We would prefer everyone writes a simple post in their own words. It does not need to be long. For more details they can look at IV site.
posmd
04-02 12:48 PM
The question is when.
Before or after the fall elections.
The current thinking is somehting will pass in the senate. Most likely with some sort of temporary worker status for the illegals.
If it offers a path to citizenship for the illegals then it will die in congress, if not then it stands a chance in conference.
If there is deadlock then this issue will be pushed to until after the elections.
That's my take on things.
Did you guys see Sen Frist on CNN wolf Blitzer show? Likewise that was the view of Sen Grassley.
Sad for us we are stuck in this politics.
Before or after the fall elections.
The current thinking is somehting will pass in the senate. Most likely with some sort of temporary worker status for the illegals.
If it offers a path to citizenship for the illegals then it will die in congress, if not then it stands a chance in conference.
If there is deadlock then this issue will be pushed to until after the elections.
That's my take on things.
Did you guys see Sen Frist on CNN wolf Blitzer show? Likewise that was the view of Sen Grassley.
Sad for us we are stuck in this politics.
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