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  • chanduv23
    12-15 10:11 AM
    Denied licenses, legal immigrants sue state Registry
    Say status wrongly contested
    By Yvonne Abraham, Globe Staff | December 15, 2006

    Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.

    According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.

    In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.

    "They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."

    Wunsch said hundreds of other immigrants have similarly been denied licenses.

    A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.

    Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.

    In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.

    All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.

    In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.

    Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.

    But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."

    She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.

    In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.

    Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.

    "The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.

    The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.

    Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.

    "This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."

    One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.

    One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.

    When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.

    The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.

    "Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.

    The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.

    The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.

    Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.

    Earlier this year, I haad problems getting a driver's lisence in CT, the officer would not accept my h1b papers and would say it is fake. I wrote a strong complaint to DMV and they replied back to me that I must go back to DMV and go through the process again and if I have trouble again, I must report to DMV. I went next time and I got it.

    Most times it is improper education that makes people do it. They keep hearing negative thhings about immigrants and they be advised by their bosses to strictly scrutinize immigrants, and they try to experiment their crack down on us. It is very unfortunate that such things are happening.

    There seems to be an agenda to catch illegal immigrants. As Illegals who cross the border are getting busted through raids, those who violate visa regulations or overstay visas, or do not have proper work authorization come under strict scrutiny when they approach govt agencies. Unfortunately, it is us legal immigrants who are bearing the brunt because we also go through the same scrutinity. DMV people are not educated in immigration law ,so is the common public and it is this process that's hurting us a lot.





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  • gcisadawg
    05-29 07:21 AM
    If America losses us, many of us are already planning to go back to India because of this GC process, they will also lose these kids who are bright future of America.

    To me, more than anything, what the immigrant parents bring to the table, is the stable family life that they can provide to their children that is the best of eastern and western values. I hope this run continues and these kids excel in whatever they do.

    GCisaDawg





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  • spicy_guy
    08-11 12:38 AM
    Come on EB2 guys, even if it were to be real, you should be happy about it. 2 months moved forward. Then imagine EB3 I. :confused:





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  • crazydesi
    01-13 03:15 PM
    Once EB2 India reaches Apr 2005, it is going to stuck for long time (thats when PERM process started).



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  • ars01
    07-09 01:32 PM
    Popoye,

    You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.

    Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.

    I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).

    Just make sure that your old employer doesn't revoke your I-140

    BTW, when was your I-140 filed?

    cheers
    The following is copied directly from a USCIS memorandum:
    "If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
    (�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."

    Looks like I-140 must be approved to use AC-21.





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  • ronitm
    06-28 12:32 PM
    It would be great to have premium processing for 485s instead now that visa nos are available. Now now ... i know thats wishful thinking but think about it-could save a lot of time and money over EAD/AP/FP renewals. But then again hurts their income stream thats why they wont do it :((



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  • jonty_11
    07-10 11:47 AM
    Not sure if this has hapened b4..but Oh acknowledging our IV ----

    immigration-law.com

    -------------------------------------------
    07/10/2007: Response of USCIS Director to Visa Bulletin Fiasco Related Flower Campaign

    * We reported yesterday that foreign professionals have been sending flowers to the heads of involved agencies with a message of protest for the ongoing visa bulletin fiasco. Dr. Emilio Gonzalez responded to such flower campaign in the USCIS site. The flower campaign appears to be a gesture from the community of foreign professionals to thaw out the tension created by the fiasco and at the same time calling the agency leaders' swift attention to the problem and sufferings of the foreign professionals and their family members. This camapaign has been initiated and pushed ahead by the immigrationinvoice.com group. Salute to the members of this group for the job well done.





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  • freedom_fighter
    07-02 09:51 AM
    I appreciate all the cowards, who gave me red, just because I'm talking about basic rights for all, including them and they are hell bent on finding the legal ways how not to raise your voice. They will wait decades and then kicked out, but wont raise there voice.

    Well thanks for the green as wel, for those , who really are willing to stand up for there rights.

    We are in this mess, because the majority of the stake holders are just scared to even stand up for themselves. But I ain't loosing hope.



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  • MerciesOfInjustices
    11-08 08:53 AM
    A quick analysis of election results and its relevance to us:

    As of 11:45 PM PST, House has gone to Democrats in a landslide; the Senate is on its way depending on outcome in Montana and Virginia. If Democrats win MT and VA (Jon Tester in MT, Jim Webb in VA), the Democrats would control the Senate too...

    Thirdly, Jon Kyl almost lost his Senate seat in Arizona. If it’s any indication that anti-immigration noises are no career-savers, this may be it.

    I agree with everything as you said. Darn, but certain Congressmen from Wisconsin and Colorado made it back - of course, without the clout.

    As Fareed Zakaria pointed in a recent article, (I cannot find the link, somehow) Immigration reform is the only issue that George Bush, Hillary Clinton, John McCain, Ted Kennedy, John Kerry, Rudy Giluiani and Nancy Pelosi agree on! How many such issues are there? I cannot really think of one!

    But, would like to point out something about Senator Kyl, who may have voted against CIR finally. But, he has not been against legal immigration. In fact, he had co-authored the Cornyn-Kyl version, that was a variant of the final compromise version being floated in the House. As far as I know, he opposes only certain aspects - but does not have an anti-immigrant stance, as such. He is, of course, better known for his work in healthcare legislation, where he has been very close to what most doctors have supported in terms of Tort Reform, to reign in rising Helathcare costs. In other words, he is more balanced - that may have been the saving grace. But, your analysis is also correct - voting against CIR did not bring him a landslide!





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  • thankgod
    06-03 12:20 PM
    Ronhia, I appreciate your comments. It needs conviction, dedication and consistent efforts to make such accomplishments. Moreover it also demonstrates the character of a person, who can motivate and inspire other kids in a positive way.. especially in an environment full of negative distractions.

    If spelling bee competition is considered merely as just cramming the dictionary, as you rightly said we need to really spend some time looking beyond your own shell.

    When you open a magazine, for sure, you tend to come across pages that may not be of interest to you. We skip the page and move on rather whining with words (yucky, stupid, senseless) that are inappropriate.

    "Winning a national competition is not so great"... again it depends on what is so great to you !!!..


    Cool baby cool.....

    You dont know english. Follow the complete thread and what we are talking here about.

    You guys go to a media portal and do all your appreciation there.

    Why do you bark here. This is meant for immigration purpose.

    Between loooks like you took the the help of word for spellings in your post.

    Thanks to Microsoft for making such a great tool.

    Happy Barking.



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  • bugsbunny
    04-21 02:13 PM
    Hmm, What part of the words "Good, Reliable and Comprehensive" you did not understand.

    lol no need to get aggressive...next time search for better insurance ;)





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  • sanju
    01-13 03:57 PM
    OMG... some imposter called Hrithik is trying to impose himself as paskal... god Save IV :D:D:D:D:D


    It appears that you are cracking a joke, but I cannot stop from replying to your post. Why are you asking God to save IV? For the things we cannot do or for the things we dcon't understand, why do we always have to bring in 'God' in the picture? Can't we even crack a joke without brining in God?

    I am just trying to prevent world war III on these forums. Thats why my request for not referring "God'. We will all be much more happier funnier and peaceful if we try not to bring in 'God' in the mix.

    Next thing you will see, someone will post - "God, when will the VB dates move for my category".


    .



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  • Diluk
    03-13 11:44 AM
    EB2 India will move forward to 2091
    EB3 World - will retrogress to 1857 there are still some Irish immigrants waiting! l

    I'm a EB3 WOrld :mad::mad:





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  • amslonewolf
    05-18 08:25 AM
    From - http://www.hooyou.com/consularprocess/procedures.html

    What are the steps in Consular Processing and estimated processing times?

    The USCIS forwards the approved immigrant petition (the I-797 Notice of Action) to the National Visa Center (NVC) if the alien indicated his desire to apply for consular processing. Otherwise, he/she has to file a Form I-824 to request consular processing; (6-8 weeks)

    The NVC sends an information and forms packet (Packet 3) to the alien when an immigrant visa number becomes available; (2-3 weeks assuming the immigrant visa number has become available)

    The Alien and his family complete the Packet 3 and return it to the NVC; (2 weeks)

    The NVC processes the Packet 3; (6-8 weeks)

    The NVC notifies the State Department Visa Office of the completed Packet 3 processing and requests allocation of visa numbers for the alien and his family; and (2-4 weeks)

    The NVC schedules an immigrant visa processing appointment for the alien and his family at the U.S. consulate which issues immigrant visa. (6-8 months) The alien must attend the appointment at the U.S. consulate abroad.



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  • foobar2001
    12-31 06:49 AM
    AmitKhare77... apparently, the job title and job responsibilities have to be same as whats on labor until we get GC. otherwise no promotion.


    Actually, I believe that if the promotion is a "natural progression of the job ladder", you can accept it. What you cannot do is change the job ladder completely to a different track.
    Thus, say you filed labor when a software engineer, its ok to be promoted to "Senior Software Engineer. What is not ok is to change tracks to say "Product Manager" or a position as "Sales lead" etc...

    Of course, i'm not a lawyer, but this is what i;ve been told by other folks and lawyers at my company.

    Good luck!





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  • jitu1000
    02-15 08:51 AM
    I did online MS degree and it took 3 years, although I could have completed it in 2.5 years. First year I completed only 1 course per sem, then I started doing 2 per sem. I took non-thesis option and the total cost was aprx 15K from ISU. Thye charge flat rate fee per subject ( aprx 3 credits) irrespective of residency requirements (you can actually do this course from anywhere in the world and it would cost the same) . This degree requires 30 total credits (one of them must be a project, so technically only 9 subjects/courses to take).

    You did master in what?
    I checked the online Program offered by ISU, i didn't saw Masters in I.T
    Thanks



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  • desi3933
    08-10 10:43 AM
    My question involves employment and labor law for the state of: CA

    I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:


    SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

    Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

    Thanks much!

    What is your salary on H1 LCA? Is it 55,000 year?

    If you're paid > LCA Salary, then probably nothing much can be done.





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  • psethi
    06-30 03:36 PM
    I am trying to efile AP and there is a question regarding date of intended departure and expected length of the trip. I don't have any plans to use AP and is applying for emergency travel. Please let me know what to fill if any one is in the same situation who have e-filed.





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  • go_guy123
    07-30 12:31 PM
    It will bring down the workload? Can you explain how? If anyone in the world is eligible to apply for the GC without sponsorship, the system will be flooded with applications, irrespective of whether they carry any merit or not. What makes you think that an organization that cannot process 140K applications per year can handle millions?

    The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.

    Anybody wont be eligible. Canada has been fine tuning the immigration since 2002.
    Now only people who have studied or worked in Canada on work permit are eligible.
    family based is greatly restricted unlike US where around 80 is non-skill based.
    If they want they always reform but the exiting H1B is so good for American Companies that they will fight to keep the existing H1B-GC servitude instead of
    any point based..

    Plus there is politics of vote bank: Moment the CIR comes, the sheer stampede of illegal lobby like the bulls of Spain, H1B folks get crushed. Last time, moment the CIR came, H1B people started opposing it because it literally made illegals ahead in line line with more points in the point based system.

    That's why I am skeptical of CIR as of now. H1bs don't have much chance in front
    of the madness of illegal lobby vote bank. Based on my observations of how the
    US politics works I don't see promise in CIR (one of main reasons I left for Canada)

    Not to mention, a lot of antis are not that against EB reform but moment CIR comes
    all anti-s get united in opposition. The illegal bobby hold H1Bs as hostage unless they get what they want. It is such a deadlock that I just don't see how it can be fixed.
    Unless there is another super powerful lobby helping us like US industry (supreme powerful lord in US politics) which currently wants the existing H1B system I don't see headway.



    PS: In 2002 Canada passed IRPA where they delegated the rule decision making to the executive branch unlike US where any change has to be legislated.





    gcnirvana
    04-28 03:50 PM
    Got my Tax Refund today and as pledged contributed 5% to IV.

    I urge all members to contribute NOW when it is most needed.

    Go IV go!!





    GotGC??
    04-26 04:11 PM
    Pardon my ignorance, but what exactly is "K Street" and what is its relevance?


    Thanks to all members of IV who have made it possible for our voice to be heard! Keep up the good work!:)



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