Input on AC21 regulations

[ramanii]

Can we use this thread to highlight some of the key issues faced by Employment based EB3 category applicants from India?

My priority date is July 2004, legally present in USA since March 2001 and filed I485 in July 2007.

My elder kid who started her education in US is in high school now. After being in US for almost 10 years, I strongly feel she should be given equal opportunity for college education in USA. When it comes to pre-med, my daughter will be considered as international student and also she may not get the goodies like the in-state tuition fee etc. I guess there are about 50,000 Indians on EB3 almost in similar situation like me, waiting for visa dates to be current.

I know the only solution to this is getting the green card faster.

Is there any way the AC21 rule can be rephrased to address the long wait time faced by EB3 applicants?

[tusharvk]

RBI you can say that again.

The issue is not limited to kids; but you may want to get education for yourselves and will be potentially denied the federal student loans because of your visa status. From the tax standpoint, I suppose you are already considered resident alien. So, it just does not make any sense why people should be denied these benefits if they intend to get green card. In my mind, this should not be ac21 issue but should extend to those who have filed or approved 140.

[Pedro Gonzales]

I know the only solution to this is getting the green card faster.

This is a very valid concern, RBI. But, when the DREAM debate was taking place some months ago, I saw several illegal immigrant kids (brought in illegally by their parents when they were very young) that were in college and accessing in-state tuition/scholarships. Their problem was that they couldn't legally work in the U.S. after college. So, if that's the case, why shouldn't your daughter have access to in-state tuition and scholarships too?

Originally posted by RBI:

I guess there are about 50,000 Indians on EB3 almost in similar situation like me, waiting for visa dates to be current.

I think the vast majority of those 50,000 Indians on EB3 had children after coming to the U.S., so their kids are all citizens. I think this particular issue only affects a small subset.

[Joe.F]

There has been a bunch of law proposals, most prominently the Comprehensive Immigration Reform, CIR. This would have helped a lot. Unfortunately, a lot of employment-based people actively lobbied against the CIR, because it also helped others...

So, unless you can convince EB-people to get unified and not just have their own self-interest in mind to the exclusion of everything else, there is not much relief to be expected for EB...

[tusharvk]

on the other hand, it may not be all bad.

Not commenting onRBI's personal situation here.

For indian citizen residing in the US, is it not possible to obtain education in India? Some schools are at par or better in India for medical\engg education anyway.

[strynz]

Originally posted by JoeF:

Unfortunately, a lot of employment-based people actively lobbied against the CIR, because it also helped others...

How do you know that?

Do you have proof? (Other than, go look at some of the threads for what some of the pople are saying some of the times etc.,)

[Bitoo_221g]

Hi JoeF,

I dont know how to contact you.It seems you are not less than an imigration layer.

I need your knowledge help badly.Please let me know how to contact you.

Thanks

Bitoo

[ramanii]

Pedro,

Can you give the name of few medical schools which give admission and in-state tution fee for people without green card?

Tushar,

Sending my kid to India has couple of issues:

I have no support system left in India now.

The second language is also problem, Spanish is not offered as second language in India.

[Belle]

There are states that do offer in state tuition for those who graduate from that state's schools regardless of status. California, I believe, is one of them. She should also try to scholarships. I also suggest you give this problem for your child to get resolved; it's not easy, but it is a good life lesson.

[ramanii]

Thanks Belle.

While changing the H1B quota numbers in the last 10 years (65K, 115K, 195K, 90K, 65K to 85K), USCIS must have done some due dilegence on the expected number of employment based green card applicants too.

What is that innovative idea which can be implemented now for avoiding the per country employment based stampede?