feedfront
05-18 12:26 PM
It was for medical form:
1) As X-Ray report was missing (and my medical report had +ve in TB test),
2) My physician was no longer in USCIS's current list of doctors.
All the best.
1) As X-Ray report was missing (and my medical report had +ve in TB test),
2) My physician was no longer in USCIS's current list of doctors.
All the best.
wallpaper of commonly used symbols
hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
desi3933
02-04 01:44 PM
Recently got Laid off. Here are my details:
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My comments are in blue ....
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.
I mean when do I have to inform USCIS if at all?
In the event of RFE.
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My comments are in blue ....
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.
I mean when do I have to inform USCIS if at all?
In the event of RFE.
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
2011 commonly used symbols.
GIDOC
07-13 11:03 PM
Different opinions have been expressed in this forum over Murthy's letter to DHS. I think any letter or noise helps the situation. When writing to congressmen and senators about our difficulties with the legal immigration system we can quote the letter to make the point. Legal immigration issues have long been ignored in this country. It is time for Legal Immigration issues to be in the limelight.
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srinivasj
03-11 11:11 PM
now looks like dates would move only after july..
memyselfandus
09-20 11:11 AM
by the time I realised that I should have bought the .org domain; somebody already bought it... I am already forwarding the LegalImmigrationVoice.com clients to immigrationvoice.com
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
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phillyag
07-13 12:19 PM
sorry if this has been asked...
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
2010 more commonly used symbols
Asian
11-21 10:46 AM
I like this posting by tjayant. Very personal and detailed message. Except for one thing. You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC. That is the whole problem for all of us.
My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?
Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.
Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.
My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?
Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.
Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.
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sunny1000
06-10 04:24 PM
done
hair most commonly used symbols
boreal
07-12 06:00 PM
the current 485 processing dates for both NSC and TSC are in July'07.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?
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jonty_11
07-11 04:20 PM
There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.
hot Some of the commonly used
zuhail
03-11 09:23 PM
I have emailed the IV administrators seeking the opinion of the IV team and
about prioritizing the recapturing of visa numbers on the IV agenda.
May be I would be able to speak with one of the IV administrators about this issue soon.
about prioritizing the recapturing of visa numbers on the IV agenda.
May be I would be able to speak with one of the IV administrators about this issue soon.
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house uniform, and common to
tawlibann
03-18 06:00 PM
Sorry if this is offtopic but can someone explain to me who banned me and why? I didn't write anything offensive or abusive, and I didn't insult anybody. I was just discussing the issues I read in another forum.
If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.
I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?
If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.
I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?
tattoo One of the most commonly used
singhsa3
03-03 06:19 PM
Hold on..
Not everyone visit this site. So any extrapolation won't make any sense. The idea is not to take polls but is that someone take up our issue, investigate and spread our message.
The message is simple, you got the people with right stuff, standing in the line. Their wait is neither good for them nor good for anyone else.
thats even worse. you are taking a poll of 500 people (*IF* you get that many respondents to this poll, my feeling is you wont cross 250) and expanding that to 1 million people in line for EB greencard.
This is not extrapolation, its a joke.
For the sake of the immigrant community, please dont drag CNN to Immigrationvoice.org to look at a poll that 200 people took of which 50 claim they would buy a house if they got a GC tomorrow. We all lose credibility if we make such statements.
Not everyone visit this site. So any extrapolation won't make any sense. The idea is not to take polls but is that someone take up our issue, investigate and spread our message.
The message is simple, you got the people with right stuff, standing in the line. Their wait is neither good for them nor good for anyone else.
thats even worse. you are taking a poll of 500 people (*IF* you get that many respondents to this poll, my feeling is you wont cross 250) and expanding that to 1 million people in line for EB greencard.
This is not extrapolation, its a joke.
For the sake of the immigrant community, please dont drag CNN to Immigrationvoice.org to look at a poll that 200 people took of which 50 claim they would buy a house if they got a GC tomorrow. We all lose credibility if we make such statements.
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pictures Some of the most common
arsh007
01-30 03:49 PM
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
dresses commonly used symbols.
matreen
05-13 09:26 PM
I have the same question, currently I am on EAD and no H1B visa. Can I elibible for financial aid?
Please advice what options I have to procure loan either that is financial aid or other alternatives.
Thanks,
Matt
Hi
For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?
When I applied for financial aid they told me that since I dont have my greencard Im not eligible
Thnks
Sanjay
Please advice what options I have to procure loan either that is financial aid or other alternatives.
Thanks,
Matt
Hi
For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?
When I applied for financial aid they told me that since I dont have my greencard Im not eligible
Thnks
Sanjay
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makeup Commonly Used Symbols in
prioritydate
12-20 04:08 PM
:D;)
I dont think you need to worry.. for you knwo what I am saying ...:D
May be I need to give a reason. I didn't worked for the whole year because there were no jobs. I just stayed at home depressed.
Not working and there by not getting salary signifies out of status? I am not sure about that. I didn't traveled outside of the country couple of times after that.
I dont think you need to worry.. for you knwo what I am saying ...:D
May be I need to give a reason. I didn't worked for the whole year because there were no jobs. I just stayed at home depressed.
Not working and there by not getting salary signifies out of status? I am not sure about that. I didn't traveled outside of the country couple of times after that.
girlfriend most commonly used symbols
3d Nirvana
03-13 11:04 PM
woa.... didn't some votes disapear?! I could have sworn grinch had 6 votes..
hairstyles commonly used symbols.
inskrish
03-11 03:03 AM
You are calling me anti-immigrant! Just because someone is spreading rumor and half-cooked information and I don't agree with him, I am called anti-immigrant.
I suggest that you look at my past posts.
I do NOT agree with the complaint that desi3933 is an anti-immigrant. He has been very helpful to the immigrant community, and has good knowledge in the immigration matters, so to speak; however, his tone of the question about "they vs they" and "spill over" is not good, in my opinion.
I suggest that you look at my past posts.
I do NOT agree with the complaint that desi3933 is an anti-immigrant. He has been very helpful to the immigrant community, and has good knowledge in the immigration matters, so to speak; however, his tone of the question about "they vs they" and "spill over" is not good, in my opinion.
insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
giveme_gc
10-15 08:40 PM
1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
Legal immigrant lobbies are weaker than illegal ones. We need to get more lobbying power to contribute to our causes. I dont know how many there are now, but we sure are weaker than the ones supporting the illegal immigrants. A lot more power in the corridors of Washington are needed to move things to our side. Hopefully our next generation will see better representation than the woeful lack that we face now. I agree with Bechara that sending flowers wont help.
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
Legal immigrant lobbies are weaker than illegal ones. We need to get more lobbying power to contribute to our causes. I dont know how many there are now, but we sure are weaker than the ones supporting the illegal immigrants. A lot more power in the corridors of Washington are needed to move things to our side. Hopefully our next generation will see better representation than the woeful lack that we face now. I agree with Bechara that sending flowers wont help.
