NewsFlash! DHS Blanket Prosecutorial Discretion for Persons Brought to U.S. Unlawfully as Children

[Illinois_Dude]

Politics aside, this is a very humanitarian move..It is pleasantly surprising that they could do this as an administrative fix..bypassing the congress

How I wish they could do a similar fix so that people could file 485 irrespective of the visa bulletin so that they could get temporary relief in the form of EAD/AP..If they could do it for undocumented people..why can't they do it for people who have followed the immigration rules

[JoeF]

How I wish they could do a similar fix so that people could file 485 irrespective of the visa bulletin so that they could get temporary relief in the form of EAD/AP..If they could do it for undocumented people..why can't they do it for people who have followed the immigration rules

Probably nobody has pushed for that. Such things don't just happen. There is lots of work done behind the scenes.

In the EB world, we had the bad, divisive HR3012 instead. Lots of wasted time and bad blood...

[catx]

How I wish they could do a similar fix so that people could file 485 irrespective of the visa bulletin so that they could get temporary relief in the form of EAD/AP..If they could do it for undocumented people..why can't they do it for people who have followed the immigration rules

I agree 100%. It maybe humanitarian, but it is also a purely political move. My wife and I are very upset that illegal immigrants get employment authorization, and legal immigrants awaiting an available permanent residency visa get nothing, and our kids “age out” at 21, losing their opportunity for permanent residency! Rewarding illegal actions over those who respectfully, dutifully, and patiently follow the law is so unjust.

[Illinois_Dude]

Rewarding illegal actions over those who respectfully, dutifully, and patiently follow the law is so unjust.

Unfortunately "just" or "unjust" depends on how much vote bank is at stake

[JoeF]

Nobody gets "rewarded". The children didn't do anything wrong.

While I can understand the frustration, the directive from the President is a good thing.

[Illinois_Dude]

I have a masters in engineering from a reputed US university but was originally in EB3 (PD April 2008) because even though my old job description needed a masters, the job grade I was in did not allow an EB2 requirement. Last year I applied and was hired for a higher position with additional responsibilities in a different position in the company but the location was the same. I explained the pathetic situation of EB3 to my new boss and his boss and they were sympathetic. They had a good impression on my work style and results and said they would have no problem supporting a new petition. However the HR and Attorneys said there was no need as there would be some kind of reform and that I was "better of in EB3". I literally told them that they don't know what they are talking about and all this immigration reform stuff was BS and nothing more than an election gimmick. I would rather apply in a category for which I am eligible for rather than wait for a politician to solve my problems. I also got an offer from a different company who agreed to apply in EB2 and so my company had no option but to reapply in EB2 and port my date. I am not boasting but this I believe this is the way a difficult situation should be handled.

I strongly feel that as long as you have the necessary qualifications and experience there are many options. There is absolutely no need to seek a politician's help. Politicians in US are similar to those in India and always try to protect their vote bank and it would be a folly to think they care about people like you and me. In their view, we are nothing more than dumb fools who follow immigration laws, pay taxes and sometimes wait more than a decade for permanent residency.

[Illinois_Dude]

@Joef :Nobody gets "rewarded". The children didn't do anything wrong.

Neither did the children (not born in US) of legal folks waiting for permanent residency (EB3 for instance) nor their parents for that matter.

Why not give similar relief to them ? Why only children of undocumented people ? Isn't this nothing but votebank politics ?

[Desi Dude]

Yes the children didn't do anything wrong. But how will this prevent people from coming in illegally with their 25yr olds in the future?

This only encourages people to break the law coz they know they will get rewarded.

Take my word, if there is someone in Guatemala who just heard about his, they would be planning to get into US one way or the other with their 25yr old children.

[catx]

I am in a somewhat similar position with respect to EB3 versus EB2. Since a number of my colleagues (U.S. citizens) in the same job did not have / need EB2 level qualifications when they were hired, the lawyer could not justify EB2. My current assignment, which I have been doing for 7 years, is scheduled to conclude at the end of the year, and there are a number of other job positions that I am qualified for within the company. A couple of these have the potential of allowing me to file a PERM and I-140 under EB2 (bachelors + 5 years direct experience, and I have 10+ years before joining the company) and retain / port my priority date. I have started consulting with the lawyer to verify that if the position requires the necessary qualifications, then my education and experience will allow me to file under EB2. I will then have the discussions with my current and new managers this fall to make this happen. The company has been very supportive, so the main issue is the job requirements and my qualifications allowing me to pursue EB2.

In other words, I agree that the best course of action is to focus on the things you have some control over versus expecting positive action from the government.

I do agree that the DHS deferred action announcement is a good thing. That being said, it is a hard pill to swallow when your wife and kids are not allowed employment authorization after you have an approved I-140, in the meantime your kids “age out” at 21 (versus say 30), there is no action taken (twice) on the DHS rule change to allow H-4 dependents (spouses) employment authorization. If President Obama can do the deferred action, then I cannot see why he can’t at least have the DHS make the H-4 employment authorization rule change happen.

Note: The DHS deferred action requires that children “came to the U.S. under age of 16” -- not 25. Please verify the information being posted (or at least add a disclaimer that it is your opinion / understanding.).

[JoeF]

@Joef :Nobody gets "rewarded". The children didn't do anything wrong.

Neither did the children (not born in US) of legal folks waiting for permanent residency (EB3 for instance) nor their parents for that matter.

Why not give similar relief to them ? Why only children of undocumented people ? Isn't this nothing but votebank politics ?

No, it isn't. The DREAM Act has been introduced lots of times before. It was high time that something was done about these children.

As I said, I can understand the frustration about GC delays, but part of that is that way too many EB people think they are something better, or they "deserve" something better. Work with other immigrants, even with illegals. Then you get stuff. Fighting other immigrants result in losing. United we win, divided we fail. And EB people unfortunately think only about themselves, a prime example being the recent HR3012 bill.

Work with others, not against others. It is that simple.

If you work against other immigrants, you lose. If you work with other immigrants, everybody wins, including you.

[cap-gap]

squeaky wheel gets the grease...where is the collective effort by indians towards their interests?...

there was an on-line petition requesting a relief bill for people like u to file for EAD/485...barely a thousand people signed it..

the people whole filed during 07 fiasco didnt even care for it...even people i know waiting to file 485, didnt sign it as they wanted to play it safe..

bobby jindal was all to happy declare at an Indo-American conference that he will not support any special immigration relief bills for asians..Has any hispanic leader ever said that?

going back to the news flash, its pathetic to see that 'bama just got enlighened that those kids need protection..why ..didnt they need it during last three years?

[Illinois_Dude]

squeaky wheel gets the grease...where is the collective effort by indians towards their interests?.

I agree . As an Indian myself, I have to accept that a majority of Indians only think of themselves. Almost every other immigrant group like Chinese, Korean etc tries to promote their community.

On the other hand a lot of these shady desi consultancies take advantage of the difficult visa situation of young college graduates and try to exploit them

[JoeF]

On the other hand a lot of these shady desi consultancies take advantage of the difficult visa situation of young college graduates and try to exploit them

It always takes two to Tango...

As long as people do anything to stay in the US, even signing up with shady consulting companies or fake universities, things are not going to change.

It was really interesting to see how people tried to justify their signing up with frauds like TVU, for example, and how they even got the Indian government to do their bidding...