unitednations
02-13 01:10 AM
I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
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chanduv23
08-17 01:03 PM
No one cares who the heck is he...when dozens of people dying without food and because drought, GOI has better jobs to do rather than going after the BCP for this moron. How many times Ambika Soni cared about normal people are suffered in security check. We are still struck colonial mentality and hero worship. This crap is happening only in india. They are expecting the same from US as well.
It happens everywhere. Politicans bank on these stars - stars get along well with businessmen, politicians fight and then kiss each other. Stars marry, divorce, remarry - and the list goes on.
Come on, it happens everywhere, not only in India. How many times do you not see 80 year old rich businessman marrying 26 year old beautiful model?
Look at how the bailout money has gone to those people who screwwed the economy.
The reason you think India has issues that other countries do not have is because you are still not stepping out of your Indian shoes.
Go out with your American friends for a drink and discuss these issues - for every issue you discuss - you will get a parallel American counter issue that is similar in nature.
There is nothing called "absolute" in this world and you will realise it now or later. Live in a country side with a constant income and you will find life peaceful because you are not bothered by what is happening.
Or try helping people - and do social service - you will realise that it is a dangerous and thankless job.
Democracy is "not exactly" how it sounds. Unfortunately, life is not fair to anyone and one has to live in within his/her means.
Crying foul over all such stuff will not bring changes. Working within parameters to bring about changes is "unfortunately" the only way how changes have come to the "Mother Earth"
snathan - you are a very strong vocal person and have great thoughts. You must utilize your "good hearted nature" not to point fingers but to see how best you can utilize and grab opportunities for betterment.
There are worse things happening in places like congo and African countries, small girls being raped , civil wars , and so many things.
Diseases are spreading, sanitation is bad, farmers are facing drought - so many things happening. Lets not blame SOME PEOPLE for all this. it is us collectovely who can bring about change.
It happens everywhere. Politicans bank on these stars - stars get along well with businessmen, politicians fight and then kiss each other. Stars marry, divorce, remarry - and the list goes on.
Come on, it happens everywhere, not only in India. How many times do you not see 80 year old rich businessman marrying 26 year old beautiful model?
Look at how the bailout money has gone to those people who screwwed the economy.
The reason you think India has issues that other countries do not have is because you are still not stepping out of your Indian shoes.
Go out with your American friends for a drink and discuss these issues - for every issue you discuss - you will get a parallel American counter issue that is similar in nature.
There is nothing called "absolute" in this world and you will realise it now or later. Live in a country side with a constant income and you will find life peaceful because you are not bothered by what is happening.
Or try helping people - and do social service - you will realise that it is a dangerous and thankless job.
Democracy is "not exactly" how it sounds. Unfortunately, life is not fair to anyone and one has to live in within his/her means.
Crying foul over all such stuff will not bring changes. Working within parameters to bring about changes is "unfortunately" the only way how changes have come to the "Mother Earth"
snathan - you are a very strong vocal person and have great thoughts. You must utilize your "good hearted nature" not to point fingers but to see how best you can utilize and grab opportunities for betterment.
There are worse things happening in places like congo and African countries, small girls being raped , civil wars , and so many things.
Diseases are spreading, sanitation is bad, farmers are facing drought - so many things happening. Lets not blame SOME PEOPLE for all this. it is us collectovely who can bring about change.
desi3933
07-13 11:19 AM
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Just speak for yourself, Mr. Hathi Ghora.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Just speak for yourself, Mr. Hathi Ghora.
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sapota
02-12 12:52 PM
atleast for people from India. esp. EB2
more...
rsdang1
08-18 02:48 PM
Excellent reply.
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
nomi
09-29 01:19 PM
Hi Kukitron and all,
I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94
Thanks
Sundar
Yes you can according to following rule
http://travel.state.gov/visa/laws/te...ams_1441.html#
There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.
I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94
Thanks
Sundar
Yes you can according to following rule
http://travel.state.gov/visa/laws/te...ams_1441.html#
There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.
more...
ilwaiting
03-17 10:33 AM
The sooner LC substitution goes away the lesser we have to deal with such questions. And the sooner we would get our green cards.
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
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satyasaich
01-14 09:56 AM
My take is BODY SHOPPING is killed.
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.
more...
Gurpreet
08-30 02:45 PM
Hi Friends,
Is this same in case of Australian PR as well? Has anyone got an extension of Australian PR for another 5 years without fulfiling the criteria of being physically present in Australia for 2 years out of the total 5 years.
Thanks!
Is this same in case of Australian PR as well? Has anyone got an extension of Australian PR for another 5 years without fulfiling the criteria of being physically present in Australia for 2 years out of the total 5 years.
Thanks!
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TeddyKoochu
09-14 03:24 PM
I got the below numbers from the PERM FDLC site.
2005 India 1353
2006 India 3888
2007 India 60
2008 India 10
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP. Based on the figures that you show, I believe that all 2006 people should get cleared in the coming year and the traffic for 2007 & 2008 is quite less. What are the predictions for the PD movement till year end?
2005 India 1353
2006 India 3888
2007 India 60
2008 India 10
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP. Based on the figures that you show, I believe that all 2006 people should get cleared in the coming year and the traffic for 2007 & 2008 is quite less. What are the predictions for the PD movement till year end?
more...
skp71
02-19 03:02 AM
When will it move to Septermber, 12 2002(another 42 days)? Any idea guys? Thanks.
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manderson
02-15 12:20 PM
Type "retrogression" in Google search bar - when the results page shows up, look at the right hand side, there under the Sponsored Links you will see IV advertisement and link.
Looks pretty cool. GO IV!
when did you check?
Looks pretty cool. GO IV!
when did you check?
more...
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BECsufferer
04-01 12:58 PM
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
:D:D:D
I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.
On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).
Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!
We can keep guessing but you know who is the right guy ,
:D:D:D
I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.
On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).
Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!
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mundada
07-22 11:05 AM
USCIS recently added one more constrains on 2 year EAD (i-140 should be approved in case of concurent filling).
My I-140 was approved more than a year ago. My I-485 was applied last July and hence was not concurrent filing.
My I-140 was approved more than a year ago. My I-485 was applied last July and hence was not concurrent filing.
more...
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hopefulgc
02-14 03:12 PM
I don;t have the necessary permissions to modify the poll. I have made a note of this so that moderators can ad it in.
Sorry.. i am just going through very busy days at work.
I am trying .. please don't hate me :)
hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.
I think someone should change the Poll question to -
Q) Do you commit to participate in a class action lawsuit against USCIS?
1) Yes. I am willing to commit $500
2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
3) Yes. I'm willing to commit $500 and become a plaintiff as well
4) No. I don't think it will work
It will make it clear to everyone voting 'Yes' what's expected of them.
Sorry.. i am just going through very busy days at work.
I am trying .. please don't hate me :)
hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.
I think someone should change the Poll question to -
Q) Do you commit to participate in a class action lawsuit against USCIS?
1) Yes. I am willing to commit $500
2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
3) Yes. I'm willing to commit $500 and become a plaintiff as well
4) No. I don't think it will work
It will make it clear to everyone voting 'Yes' what's expected of them.
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lazycis
02-15 04:08 PM
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
Here is the story. DV immigrant is eligible to receive visa until fiscal year end. After the fiscal year ended, a DV immigrant is no longer eligible to receive visa.
8 USC 1154(a)(1)(I)(ii)
(II) Aliens who qualify, through random selection, for a visa under section 1153 (c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.
The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.
Here is the story. DV immigrant is eligible to receive visa until fiscal year end. After the fiscal year ended, a DV immigrant is no longer eligible to receive visa.
8 USC 1154(a)(1)(I)(ii)
(II) Aliens who qualify, through random selection, for a visa under section 1153 (c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.
The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.
more...
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dan19
08-30 04:58 PM
I am doing my Canadian Immigration myself.
It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.
Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)
I can describe the procedure:
1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.
2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)
3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)
4. Get experience letters if you are claiming experience.
5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp
6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)
7. Fill the forms, attach the documents and send it!!!!
Visit http://www.canada-city.ca/canada-immigration/ or
http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.
Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)
I can describe the procedure:
1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.
2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)
3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)
4. Get experience letters if you are claiming experience.
5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp
6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)
7. Fill the forms, attach the documents and send it!!!!
Visit http://www.canada-city.ca/canada-immigration/ or
http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
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samay
07-14 06:37 AM
Hi,
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
NO because I-140 is essentially an employers application.
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
NO because I-140 is essentially an employers application.
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chintu25
02-13 11:00 AM
The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?
Also another point in your response that said ...how do we trust .....
I ask do we have a choice ... to not trust.
Trust is a strong word.
IV is based on trust and common goals I think
All the members on this forum have atleast some TRUST and Faith in IV otherwise they wouldnt be here .....Maybe they are fearful of coming out in the open but like I said I am sure they will unite to take action under the IV umbrella
Also another point in your response that said ...how do we trust .....
I ask do we have a choice ... to not trust.
Trust is a strong word.
IV is based on trust and common goals I think
All the members on this forum have atleast some TRUST and Faith in IV otherwise they wouldnt be here .....Maybe they are fearful of coming out in the open but like I said I am sure they will unite to take action under the IV umbrella
hopefulgc
02-13 05:27 PM
With that recapture ... how nice would it be to see the PD date for EB3 china in Jan 2008 and that for Eb3 India in Dec 2007
This can all happen if we take the stand.
Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
This can all happen if we take the stand.
Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
a.j.2048
12-13 10:39 PM
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing.
Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/
Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/
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