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  • Blog Feeds
    01-12 07:30 AM
    AILA Leadership Has Just Posted the Following: ( Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.

    It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse.

    As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).

    The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.

    I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.

    Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.

    Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,

    Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
    Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
    Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
    We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.

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  • guy03062
    08-20 07:16 PM
    PD EB-2 Inida: June 2005
    I-140 AD: July 6, 2007
    I-485 RD: July 2, 2007, NSC
    I-485 ND: Aug 1, 2007, NSC
    I-485 AD: ??

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  • sridharnarasimha
    04-09 08:32 PM
    I went for H-1 renewal after 10-year completion. All set for 13 years on H1B. I also renewed my EAD but do not plan on using it. I did not renew my AP after the 1st year. My employer pays for H1 renewals but not EAD and AP renewals. So it was a no-brainer for me. Visa stamping is an hassle, but it is worth the trouble when considering the money saved in not applying for AP for 3 of us in my family for 3 years.

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  • snathan
    08-16 11:56 AM

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.


    Yes...When you go for stamping H1...other visas will be cancelled.


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  • a_yaja
    10-09 07:43 PM
    Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.

    I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.

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  • asdfgh
    02-27 08:32 AM
    Currently in wetsern europe and going tomorrow to pick up my getting 2 stamps...1 for current extension that ends end of next month and then a second one for the new extension valid until '10....had to pay twice the fees since its 2 stamps.
    They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
    Reason - The stamp needs to match the dates on either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
    Guess based on a previous post it varies from consulate to consulate.
    Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.


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  • ola
    06-13 01:34 PM
    Is anyone actually coordinating this or are we simply wasting our time posting messages here?

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  • techysingh
    01-15 10:17 AM
    You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.

    Here is my story. I am writing it for the benefit of all IV people in similar situation.

    I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.

    Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.

    I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008

    Now this scenario had a few gochas in it

    If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.

    In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.

    This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.

    Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
    All the best


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  • punjabi
    07-27 02:10 PM
    Thanks for sharing!

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  • newworld
    03-08 09:57 PM
    These talks never mention legal immigration. Americans don't want all sort of immigration: legal or illegal.


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  • pbojja
    01-08 10:41 AM
    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?


    I understand this is your first post but..This question looks more demanding than a request for suggestion ...

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  • immi_enthu
    06-04 09:40 AM

    I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.

    Can anyone help me please?

    It's not cancelled yet. But there's been talk that USCIS may terminate it soon.

    05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure

    * As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.


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  • snhn
    11-06 11:55 AM
    WEre there any LUD on your case before you all got them.

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  • ufo2002
    08-18 01:12 PM
    Just wondering if anybody ever complains of I140 being slow? :p


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  • maximus777
    10-27 06:34 PM
    Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.

    It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?

    Thanks again!

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  • Enebreus
    01-19 09:09 PM
    I thought I was detecting that error...

    Saxx, try making sure you don't have other Flash windows up. I'm using the Sound Spectrum analyzer and it doesn't like to share with other flash apps. Close any YouTube windows you have up and try again please.


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  • anilvt
    08-10 05:15 PM
    count me too

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  • chanduv23
    10-09 05:32 PM

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  • sanan
    06-04 08:15 AM
    PD July 2002
    no update yet! Although I know atleast one person on another forum got an email on day 1 (June 1st) that his was approved! That sucked for him coz he didn't get any time to file for his wife!:(

    08-06 02:37 PM
    Hello All

    Friend of mine is applying for I 485 . And confused about One perticular question in form. Question is

    Have you received public assistance in the United States from any source, including the U.S.Government or any State,county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future? YES / NO .

    His wife had used Medicaid and WIC for prenetal care when she was on F2 Visa. My Friend was in F1 visa by that time. He took opinion from two different law firm and got totally different response. One firm says Medicaid and WIC are not part of public charge so donot put YES there. Another firm is asking to put YES and explain in seprate sheet. Does any one has same or simillar situation and already filled I 485 or got gc.

    These are docs I found on USCIS for public charge

    Please help in this matter. Any suggestion welcome.

    Blog Feeds
    12-28 04:50 AM
    AILA Leadership Has Just Posted the Following: (
    President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts ( ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) ( ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees ( Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP ( to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers ( The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber ( The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention ( Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation ( These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year ( Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!

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