swamy
09-21 06:03 PM
How about fasting for a day or two during the holiday season around xmas?-maybe a relay fast running for a month or two with employees from big name firms taking the lead like microsoft fob's skipping meals on mondays to be followed by Deloitte fob's on a tuesday and so on? skipping meals to donate that money to starving people is a fairly common tactic used to raise money for worthy causes and one that would resonate with the average american easily. I can try to persuade a dozen of my coworkers to skip a lunch - ofc ourse this would work only if we get media coverage -the upside is the cnn/foxnews xenophobic anchors would find it hard to spin this one against us! Also, we should relentlessly stay on an agreed message which could even be just stating the obvious - like we have gone thru a process where employers have actually advertised and found no one suitable for the job etc..
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GCBy3000
02-13 11:49 AM
By Katherine Ling from http://www.greeleytrib.com/
Medill News Service
WASHINGTON -- Greeley Mayor Tom Selders wants to know when Congress is going to address immigration reform.
It's a simple question, but the answer is as elusive as the proverbial dog's tail -- a dizzying chase of vague answers and insufficient information.
"It seems to me like people are talking about immigration issues all over the country," Selders said. "I think that it is really sad that the government can't put a priority on it."
The latest source of Selders' frustration was a meeting of business and community leaders in late January with Sen. Wayne Allard, R-Colo.
"We were disappointed with Allard's response," Selders said.
Sean Conway, Allard's chief of staff, said Allard never promised to bring up immigration at this particular delegation meeting.
"What he talked about was that he would be glad, as the process began to move forward and as concerns were brought forth, to pass those concerns on" to the delegation, Conway said.
Conway said Allard would very much like to see the issue brought up in the Senate, but that as far as he knew, it was not at the top of the Democratic agenda. "This is an issue (Allard) very much wants to be involved with and has been involved with," Conway said.
But Sen. Ken Salazar, D-Colo., said immigration was a major issue that would be addressed this year, maybe as early as March.
"I think it is just a matter of time as to when we are able to get to it and I hope it is sooner than later," he said. Salazar is working with the Senate leadership on the immigration legislation, which will be sponsored by Sen. Ted Kennedy, D-Mass., and Majority Leader Sen. Harry Reid, D-Nev.
But for Selders, soon is not quick enough.
"We have frustration here. We see a lot issues and turmoil and some very nasty comments," he said. "(City officials) have all taken oaths of allegiance we will enforce the laws of this land and the frustration is that we lack the resources to do that. The laws are unclear and we lack jurisdiction."
Immigration's National Outlook: Cloudy
Outside of the Colorado delegation, consensus and clarity on when the immigration will receive top billing by Congress is not much better.
Congress, under Democratic control, is actually in tune with President Bush on immigration for the first time in years. Despite this, few observers believe that a comprehensive immigration bill will pass this year.
One of the few is Bob Dane, press secretary for the Federation for American Immigration Reform, who said President Bush and the Democrats were "locked and loaded" to pass immigration reform that included a guest worker program, or "amnesty."
"I don't see how immigration can be an issue leading up to the 2008 election," he said. "It's such a volatile issue. We are guessing that they want to get it done before the election."
But John Keeley, director of communications for the Center for Immigration Studies, a think-tank that researches immigration, was not certain. He said many of the freshman democrats, known as "Blue Dogs," who gave the Democrats the majority, were elected on immigration platforms that were against a guest worker program, favored by Bush and the Democratic leadership of Congress.
"On the horizon of the 2008 general election we tend to think that it is not likely we will see significant legislation," as opposed to last year, he said.
Keeley said instead of landmark legislation, lawmakers will try to pass bills or amendments that only address small pieces of the issue.
That process has already begun. A bill was introduced in the Senate that would set up a guest worker program just for agriculture workers. In addition, a provision has been attached to minimum wage legislation that would withhold federal contracts from any company found hiring illegal immigrants.
But the Democratic leadership is hoping to have a comprehensive immigration bill on President Bush's desk by the end of the year.
Laura Capps, a spokeswoman for Sen. Ted Kennedy, D-Mass., said the senator, who is the Senate subcommittee chair on immigration, border security and citizenship, was hoping to have the Senate bill introduced in late February or early March. Capps did not know of an exact date yet.
The real fight is expected in the House, not the Senate, which passed bipartisan legislation last session. The Republican House leadership was uninterested in the guest worker program, however, and only discussed the border enforcement aspect --the so-called 700-mile border fence.
Rep. Zoe Lofgren, D-Calif., the chairwoman of the House subcommittee on immigration, border security and claims, plans to begin the committee process "promptly." But her spokeswoman, Kyra Jennings, said no date has been set to begin consideration of an actual bill.
STATE STATISTICS 2006
570 bills concerning immigrants were introduced in state legislatures.
90 bills and resolutions passed the state legislatures
84 of those were signed into law, more than double the amount of 2005
32 states enacted laws, including Colorado
Most states focused on education, employment, identification and driver's licenses, law enforcement, legal services, public benefits, trafficking and voting procedures.
Data provided by the National Conference of State Legislatures
pls post contact of the reporter or newspaper with your news link
Medill News Service
WASHINGTON -- Greeley Mayor Tom Selders wants to know when Congress is going to address immigration reform.
It's a simple question, but the answer is as elusive as the proverbial dog's tail -- a dizzying chase of vague answers and insufficient information.
"It seems to me like people are talking about immigration issues all over the country," Selders said. "I think that it is really sad that the government can't put a priority on it."
The latest source of Selders' frustration was a meeting of business and community leaders in late January with Sen. Wayne Allard, R-Colo.
"We were disappointed with Allard's response," Selders said.
Sean Conway, Allard's chief of staff, said Allard never promised to bring up immigration at this particular delegation meeting.
"What he talked about was that he would be glad, as the process began to move forward and as concerns were brought forth, to pass those concerns on" to the delegation, Conway said.
Conway said Allard would very much like to see the issue brought up in the Senate, but that as far as he knew, it was not at the top of the Democratic agenda. "This is an issue (Allard) very much wants to be involved with and has been involved with," Conway said.
But Sen. Ken Salazar, D-Colo., said immigration was a major issue that would be addressed this year, maybe as early as March.
"I think it is just a matter of time as to when we are able to get to it and I hope it is sooner than later," he said. Salazar is working with the Senate leadership on the immigration legislation, which will be sponsored by Sen. Ted Kennedy, D-Mass., and Majority Leader Sen. Harry Reid, D-Nev.
But for Selders, soon is not quick enough.
"We have frustration here. We see a lot issues and turmoil and some very nasty comments," he said. "(City officials) have all taken oaths of allegiance we will enforce the laws of this land and the frustration is that we lack the resources to do that. The laws are unclear and we lack jurisdiction."
Immigration's National Outlook: Cloudy
Outside of the Colorado delegation, consensus and clarity on when the immigration will receive top billing by Congress is not much better.
Congress, under Democratic control, is actually in tune with President Bush on immigration for the first time in years. Despite this, few observers believe that a comprehensive immigration bill will pass this year.
One of the few is Bob Dane, press secretary for the Federation for American Immigration Reform, who said President Bush and the Democrats were "locked and loaded" to pass immigration reform that included a guest worker program, or "amnesty."
"I don't see how immigration can be an issue leading up to the 2008 election," he said. "It's such a volatile issue. We are guessing that they want to get it done before the election."
But John Keeley, director of communications for the Center for Immigration Studies, a think-tank that researches immigration, was not certain. He said many of the freshman democrats, known as "Blue Dogs," who gave the Democrats the majority, were elected on immigration platforms that were against a guest worker program, favored by Bush and the Democratic leadership of Congress.
"On the horizon of the 2008 general election we tend to think that it is not likely we will see significant legislation," as opposed to last year, he said.
Keeley said instead of landmark legislation, lawmakers will try to pass bills or amendments that only address small pieces of the issue.
That process has already begun. A bill was introduced in the Senate that would set up a guest worker program just for agriculture workers. In addition, a provision has been attached to minimum wage legislation that would withhold federal contracts from any company found hiring illegal immigrants.
But the Democratic leadership is hoping to have a comprehensive immigration bill on President Bush's desk by the end of the year.
Laura Capps, a spokeswoman for Sen. Ted Kennedy, D-Mass., said the senator, who is the Senate subcommittee chair on immigration, border security and citizenship, was hoping to have the Senate bill introduced in late February or early March. Capps did not know of an exact date yet.
The real fight is expected in the House, not the Senate, which passed bipartisan legislation last session. The Republican House leadership was uninterested in the guest worker program, however, and only discussed the border enforcement aspect --the so-called 700-mile border fence.
Rep. Zoe Lofgren, D-Calif., the chairwoman of the House subcommittee on immigration, border security and claims, plans to begin the committee process "promptly." But her spokeswoman, Kyra Jennings, said no date has been set to begin consideration of an actual bill.
STATE STATISTICS 2006
570 bills concerning immigrants were introduced in state legislatures.
90 bills and resolutions passed the state legislatures
84 of those were signed into law, more than double the amount of 2005
32 states enacted laws, including Colorado
Most states focused on education, employment, identification and driver's licenses, law enforcement, legal services, public benefits, trafficking and voting procedures.
Data provided by the National Conference of State Legislatures
pls post contact of the reporter or newspaper with your news link
walking_dude
12-10 03:46 PM
It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
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BharatPremi
03-14 02:19 PM
o.k..I read some of your old posts (but not thorougly) and I was confused (I guess you have done lot of research) - so can you explain again ?
in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
would appreciate yr reply ..Thanks !!
I am not saying it will not go back to APR 2001. USCIS can and will do anything. Bottomline is that adverse effect of APR 2001 is practically over except some residual ones ( residual cases also could be in hundreds). So now if uSCIS is taking any category back to APR 2001 it will merely be a game to keep particular catgeory stopped for a while. USCIS need one case to do that and it will surely have at least one case.
in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
would appreciate yr reply ..Thanks !!
I am not saying it will not go back to APR 2001. USCIS can and will do anything. Bottomline is that adverse effect of APR 2001 is practically over except some residual ones ( residual cases also could be in hundreds). So now if uSCIS is taking any category back to APR 2001 it will merely be a game to keep particular catgeory stopped for a while. USCIS need one case to do that and it will surely have at least one case.
more...
vaishnavilakshmi
07-09 08:51 PM
I saw an Online case for I765 which has a receipt notice of 07/02..... If CIS accepting 07/02 cases? This is not my case.
Receipt Number: SRC072105xxxx
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On July 2, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We
Hi sandiboy,
The reciept of i-765 on 2nd july 2007,would have been for i-485s filed earlier when there dates were current.This is what i personally think on this!
vaishu
Receipt Number: SRC072105xxxx
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On July 2, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We
Hi sandiboy,
The reciept of i-765 on 2nd july 2007,would have been for i-485s filed earlier when there dates were current.This is what i personally think on this!
vaishu
BharatPremi
03-14 01:39 PM
What about cases in 2004? not many?
A: (1) Remember 2003 start to 2004-mid were the years even just joined
paralegal was forcing you to apply under EB3 and that is in non rir and
that phenomenon was across board from east coast to west. So many
highly skilled people were also in EB3 queue. Many of them have
switched back to EB2 during PERM start era. But this is the period
where "tons" of EB3 were created and hence considerable files are still
in wait mode.
And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?
A: In my opinion it will move average 2-3 months ahead every month till Sept
08 and Oct 08 should jump it beyound 2004 and by end of Dec 2008 it
should be at 2004- mid "At least".
Answer within quots
A: (1) Remember 2003 start to 2004-mid were the years even just joined
paralegal was forcing you to apply under EB3 and that is in non rir and
that phenomenon was across board from east coast to west. So many
highly skilled people were also in EB3 queue. Many of them have
switched back to EB2 during PERM start era. But this is the period
where "tons" of EB3 were created and hence considerable files are still
in wait mode.
And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?
A: In my opinion it will move average 2-3 months ahead every month till Sept
08 and Oct 08 should jump it beyound 2004 and by end of Dec 2008 it
should be at 2004- mid "At least".
Answer within quots
more...
simple1
08-07 01:47 PM
I agree, India is a far better option.
Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.
On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.
As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.
No, Canada is not a better option. INDIA!! is a better option. You got to get it out of your mind that you need to go somewhere. It is different in the US because you have some industries and jobs here that you cannot get anywhere else. Also a certian lifestyle. But common Canada, eastern Europe, Africa... you guys are nuts.
India is a MUCH better option than anywhere else except maybe if you get a real good job in China. As far as I am concerned if nothing happens here I am headed back to my hometown-Bangalore, India.
I have much better lifestyle and opportunities than Canada or even western europe! Period.
Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.
On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.
As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.
No, Canada is not a better option. INDIA!! is a better option. You got to get it out of your mind that you need to go somewhere. It is different in the US because you have some industries and jobs here that you cannot get anywhere else. Also a certian lifestyle. But common Canada, eastern Europe, Africa... you guys are nuts.
India is a MUCH better option than anywhere else except maybe if you get a real good job in China. As far as I am concerned if nothing happens here I am headed back to my hometown-Bangalore, India.
I have much better lifestyle and opportunities than Canada or even western europe! Period.
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walking_dude
10-04 11:18 AM
10/20 is fine with me. Another IV member vs116 has agreed to attend it along with me.
I would prefer - Troy, Rochester, Royal Oak , Sterling Heights, Madison Heights, Utica etc. as long as it's agreeable to the majority. I think we should go by majority of participants.
the problem will be meeting venues and times if we join illinois. we do have ton of H1 people here who are on same boat. Lets try to rally them in.....
I am calling all my friends....
Please keep posting here. Lets target the date 10-20-07. We will meet on that day. We will go over the game plan and decide what comes next.
I live in Sterling heights. Please post where you are at, and once we know all, we will decide a centerpoint for everyone to meet.
I would prefer - Troy, Rochester, Royal Oak , Sterling Heights, Madison Heights, Utica etc. as long as it's agreeable to the majority. I think we should go by majority of participants.
the problem will be meeting venues and times if we join illinois. we do have ton of H1 people here who are on same boat. Lets try to rally them in.....
I am calling all my friends....
Please keep posting here. Lets target the date 10-20-07. We will meet on that day. We will go over the game plan and decide what comes next.
I live in Sterling heights. Please post where you are at, and once we know all, we will decide a centerpoint for everyone to meet.
more...
ilikekilo
04-30 09:59 PM
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morpheus
04-06 10:56 AM
There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.
In that case you also have to argue, why H4's cant work but L2's can? :)
The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.
In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.
In that case you also have to argue, why H4's cant work but L2's can? :)
The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.
In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.
more...
Abhinaym
05-19 01:59 PM
Wish you guys the best. I'll try to be there.
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smisachu
08-05 03:04 PM
I m a new applicant for EB 3 gc born in india.....just starting my process......with my PD being sometime in later half of 2009,do u think canada is a better option?......EB 3 india right now looks like a good 10-12 years wait time!!.......pls advice about canada immigration and is it a viable option?
No, Canada is not a better option. INDIA!! is a better option. You got to get it out of your mind that you need to go somewhere. It is different in the US because you have some industries and jobs here that you cannot get anywhere else. Also a certian lifestyle. But common Canada, eastern Europe, Africa... you guys are nuts.
India is a MUCH better option than anywhere else except maybe if you get a real good job in China. As far as I am concerned if nothing happens here I am headed back to my hometown-Bangalore, India.
I have much better lifestyle and opportunities than Canada or even western europe! Period.
No, Canada is not a better option. INDIA!! is a better option. You got to get it out of your mind that you need to go somewhere. It is different in the US because you have some industries and jobs here that you cannot get anywhere else. Also a certian lifestyle. But common Canada, eastern Europe, Africa... you guys are nuts.
India is a MUCH better option than anywhere else except maybe if you get a real good job in China. As far as I am concerned if nothing happens here I am headed back to my hometown-Bangalore, India.
I have much better lifestyle and opportunities than Canada or even western europe! Period.
more...
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Morty
06-13 08:54 PM
Hi,
Can some body post all the documents required for filing I-485.....
As you all know procuring doduments in india may take some time...
Thanks in advance for your answers..
Can some body post all the documents required for filing I-485.....
As you all know procuring doduments in india may take some time...
Thanks in advance for your answers..
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Totoro
06-02 02:28 PM
My wife is on H4. She has applied for SSN for stimulus package and got denial letter. How will be useful this letter to get SSN for her. Please advice.
Thanks for your great help.
Keep the letter and any other documentation you have. You may need them if this goes to court. I am still working with the lawyers on this.
Thanks for your great help.
Keep the letter and any other documentation you have. You may need them if this goes to court. I am still working with the lawyers on this.
more...
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anilsal
12-10 05:52 PM
First off it is quite frustrating with people not participating and not putting their money where their mouth is. However, on a constructive note, screaming at people for behaving the way they are behaving rarely gets them to meekly surrender and start doing the right thing. Whether people do it out of their own free will or after persuasion, it take courage for people to participate. What works is to look at the problem and not to personalize the issue. So poor participation is the issue. If you are consistently not getting enough people to attend then it makes sense to delay the frequency of the meetings as one option. The other option is to call people and ask why they were unable to attend and give them a chance to come for the next meeting. Maybe the projection of rounding up x people was based on poor assumptions. So setting realistic expectations and then building momentum from there is the key. This is a dry tough fight. We need to set up tangible goals which break the vision down yet show the grassroot level people how the baby steps will lead to success. Most people in my opinion, back off because they do not see a realistic connection between the baby steps and the final vision. I think if we treat this like a challenge and try to understand the underlying problems, this movement will have a better chance at success. Regards, JH
P.S. My apologies for offering unsolicited advice. Please feel free to ignore. and understand that my intentions are good.
Chapter meetups is a positive step. The so called baby step.... If folks RSVP and do not show up, the leaders will get upset if the same folks do not have the courtesy to tell why they did not show up....;)
P.S. My apologies for offering unsolicited advice. Please feel free to ignore. and understand that my intentions are good.
Chapter meetups is a positive step. The so called baby step.... If folks RSVP and do not show up, the leaders will get upset if the same folks do not have the courtesy to tell why they did not show up....;)
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chanduv23
09-25 12:59 PM
http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
"Professional Conduct for Immigration Practitioners -- Rules and Procedures"
On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).
The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.
This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.
GENERAL PROVISIONS
This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.
Agency Jurisdiction
Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).
Disciplinary Process
Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.
Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.
Hearing and Appeal
If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.
If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.
When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.
Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.
GROUNDS FOR IMPOSING SANCTIONS
Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:
Charging a grossly excessive fee;
Engaging in bribery or coercion;
Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
Engaging in contumelious or obnoxious conduct;
Has been convicted in any State or Federal court of a serious crime;
Falsely certifying a copy of a document as being true and complete;
Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
IMMEDIATE SUSPENSION
Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.
REINSTATEMENT
A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.
FORMS
There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:
EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.
EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.
Continued in next post
"Professional Conduct for Immigration Practitioners -- Rules and Procedures"
On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).
The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.
This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.
GENERAL PROVISIONS
This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.
Agency Jurisdiction
Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).
Disciplinary Process
Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.
Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.
Hearing and Appeal
If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.
If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.
When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.
Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.
GROUNDS FOR IMPOSING SANCTIONS
Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:
Charging a grossly excessive fee;
Engaging in bribery or coercion;
Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
Engaging in contumelious or obnoxious conduct;
Has been convicted in any State or Federal court of a serious crime;
Falsely certifying a copy of a document as being true and complete;
Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
IMMEDIATE SUSPENSION
Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.
REINSTATEMENT
A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.
FORMS
There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:
EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.
EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.
Continued in next post
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gk_2000
03-28 08:40 PM
Like I said before, you still need to learn how to use your head first. I never learnt how to argue with the stupid and no one can.
No one is donating for me.
Why are you so worried about the donations? Are you an anti?
Fir YOU think, how much posts like this make sense, and how it looks to someone whom you are asking their hard earned money. As for being ANTI, when people like you are around, who needs an ANTI to screw up things?
No one is donating for me.
Why are you so worried about the donations? Are you an anti?
Fir YOU think, how much posts like this make sense, and how it looks to someone whom you are asking their hard earned money. As for being ANTI, when people like you are around, who needs an ANTI to screw up things?
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vbkris77
03-05 10:01 AM
I don't know if we stand a chance to define anything here. But if it is requested, I guess, they should give it. But help with Sorting, Are we asking them the actual list or just aggregate numbers?
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dixie
11-08 04:03 PM
Let me ask you the opposite question : How does NOT passing CIR help us ?
I bet you don't have a convincing answer for that. Therefroe, it follows that CIR (even if it is not ideal) will be better than no bill being passed.
And all those anti-CIR folks please get this : It does NOT give instant citizenship to anyone, nor does it put these folks ahead of us in the line. Thats just rhetoric from the likes of numbersUSA and lou dobbs blindly being parroted by some morons/idiots/imbeciles here. The core team had repeated this several times when CIR was under discussion. CIR is definitely not ideal for us because of the possibility of collateral effect from USCIS being overwhelmed, but is that worse than our current situation of waiting till retirement for our PDs to become current ?
As rheoretro mentioned in an earlier post "Burning someone else's house down is not going to help us build our own". That is particularly true for us .. those who who are against illegal aliens are also against high skilled legals with a few honorable exceptions like Cornyn and Kyl. If that wasnt the case, the house and the senate would have passed SKIL in a jiffy by now. Its best for us to remain neutral on the illegal alien issue .. and back it to the extent that it benefits us through a piggy back ride.
How does passing CIR help us? I didn't really have the energy to go thru the whole bill but it didn't specify what "line" those 20+million ppl who eventually get amnesty will be processed in. If they line up on EB3 or a supplementary bill in the future decides to allocate some EB3 to a "Schedule B" (just for example), then we are right back to where we started (but add more years to the waiting).
I bet you don't have a convincing answer for that. Therefroe, it follows that CIR (even if it is not ideal) will be better than no bill being passed.
And all those anti-CIR folks please get this : It does NOT give instant citizenship to anyone, nor does it put these folks ahead of us in the line. Thats just rhetoric from the likes of numbersUSA and lou dobbs blindly being parroted by some morons/idiots/imbeciles here. The core team had repeated this several times when CIR was under discussion. CIR is definitely not ideal for us because of the possibility of collateral effect from USCIS being overwhelmed, but is that worse than our current situation of waiting till retirement for our PDs to become current ?
As rheoretro mentioned in an earlier post "Burning someone else's house down is not going to help us build our own". That is particularly true for us .. those who who are against illegal aliens are also against high skilled legals with a few honorable exceptions like Cornyn and Kyl. If that wasnt the case, the house and the senate would have passed SKIL in a jiffy by now. Its best for us to remain neutral on the illegal alien issue .. and back it to the extent that it benefits us through a piggy back ride.
How does passing CIR help us? I didn't really have the energy to go thru the whole bill but it didn't specify what "line" those 20+million ppl who eventually get amnesty will be processed in. If they line up on EB3 or a supplementary bill in the future decides to allocate some EB3 to a "Schedule B" (just for example), then we are right back to where we started (but add more years to the waiting).
maddipati1
11-03 03:43 PM
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h4visa
03-17 11:19 AM
Thats a good point Harsh. If they are reluctant to increase the H1 cap they can simply look for the talent in their own house (USA). After all we all are paying taxes and can contribute to the economy. and also we should seriously think about lobbying for issuance of EAD to H-4's once I-140 is approved.
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