US Immigration Law Blog - by Ashwin Sharma, Esq.: Recent Comments2008-05-09T17:29:48Zhttp://ashwinsharma.com/comments/atom.aspxQuick BlogComment on USCIS REACHES FY 2008 H-1B CAP (Regular H-1B Cases)tag:ashwinsharma.com,2008-05-06:1025195SabaA2008-05-07T11:17:25Z2008-05-06T11:04:57Z So far I have not heard any confirmation of my case are there still some chances of getting the case selected. What is the cut off date to receive the results of lottery conducted?]]>Comment on DHS Publishes Interim Final Rule Extending OPT Periodtag:ashwinsharma.com,2008-04-30:1013150dan2008-04-30T23:09:15Z2008-04-30T17:43:59Z
Dan ]]>Comment on IT majors got fewer H-1B visas approvals in '07tag:ashwinsharma.com,2008-04-30:1012768Manav2008-04-30T23:09:44Z2008-04-30T15:01:23Z]]>Comment on Little India Interview with Peter Kaestner, Minister Counselor for Consular Affairs at the U.S. Embassy in New Delhitag:ashwinsharma.com,2008-04-30:1012522Jane2008-04-30T23:12:53Z2008-04-30T13:32:41Z]]>Comment on USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2008 & AILA UPDATEtag:ashwinsharma.com,2008-04-30:1012447Terda2008-04-30T23:11:28Z2008-04-30T12:54:43Z "You will be pleased to know that your H1B application has been receipted-in for adjudication by USCIS. I expect to receive the actual receipt notice over the next 10 business days."
What does this adjudication really mean? Does this mean that I have got selected in the lottery and USCIS has approved my visa?
---- - This means that your case has been accepted for processing; that you made it through the lottery. The adjudication part (decision on the case) will now begin. - Ashwin ]]>Comment on DHS Publishes Interim Final Rule Extending OPT Periodtag:ashwinsharma.com,2008-04-11:962707Rufat2008-04-11T13:13:09Z2008-04-11T13:13:09ZComment on DHS Publishes Interim Final Rule Extending OPT Periodtag:ashwinsharma.com,2008-04-08:954828Hasan2008-04-15T13:33:23Z2008-04-08T15:58:27Z - Need quite a bit more information than that. Call my office for an appointment. We charge $100 / half hour for initial consultations. - Ashwin ]]>Comment on USCIS Announces Interim Rule on H-1B Visas - Rule Modifies Selection Process and Prohibits Multiple Filingstag:ashwinsharma.com,2008-03-30:930552RGHKhttp://www.rghk.com2008-03-30T10:22:00Z2008-03-30T10:22:00ZComment on Little India Interview with Peter Kaestner, Minister Counselor for Consular Affairs at the U.S. Embassy in New Delhitag:ashwinsharma.com,2008-03-25:918184Bryan Griffith2008-04-08T14:45:39Z2008-03-25T11:19:46Z Contact: David Seminara
No Coyote Needed New Paper Examines Visa Overstays
WASHINGTON (March 2008) – While presidential candidates promise to secure the border, the other major source of illegal immigration is largely ignored – lax visa policies. Visa overstays account for between one-quarter to one-half of the illegal-alien population, and fencing, unmanned aerial vehicles, National Guard patrols, etc., are irrelevant to controlling this part of the immigration problem.
To shine some light on this neglected weakness, the Center for Immigration Studies has published a new paper, “No Coyote Needed: U.S. Visas Still an Easy Ticket in Developing Countries,” written by former State Department official David Seminara, examining the systemic problems in our “nonimmigrant” (i.e., temporary) visa system. The complete paper is online at www.cis.org/articles/2008/back208.html">http://www.cis.org/articles/2008/back208.html.
U.S. law places the burden of proof on the visa applicant to demonstrate that he won’t remain in the United States as an illegal alien after his permission to remain has expired. Despite the law’s tough language, 74 percent of nonimmigrant applications are granted, mostly from countries with much lower standards of living than the United States, where few residents should truly be able to qualify.
The new paper identifies some of the reasons for this laxity, including:
• The crushing volume of applications. Most visa-processing posts are woefully understaffed, resulting in very brief interviews. Managers value speed over clarity of decision making, so many applications that deserve closer scrutiny instead end up being approved.
• Foreign Service officers tend to have a diplomatic rather than a law enforcement mindset.
• Developing countries place great importance on visas in bilateral discussions.
• State Department managers are required to review only visa refusals – not issuances – forcing consular officers to routinely justify denials.
• DHS has not implemented meaningful exit controls or shared entry/exit data with consular officials overseas, leaving them without adequate information on visa renewal applicants.
• Officers evaluate how well-off visa candidates are by the standards of their home country, rather than by U.S. standards, and thus often fail to understand how a nurse from Ecuador, say, would prefer to wash dishes at a restaurant in New York.
• Refused applicants, their relatives, and members of Congress routinely pressure consular officials to overturn visa refusals.
• The simple reality that it is far easier to say “yes” to applicants than to dash their hopes by telling them that they don’t qualify to come to America.
# # #
The Center for Immigration Studies is an independent research institute which examines the impact of immigration on the United States.
1522 K Street NW, Suite 820, Washington, DC 20005-1202 (202) 466-8185 • fax (202) 466-8076 • center@cis.org • www.cis.org]]>Comment on U.S. Department of State - Priority Dates for Diversity Immigrant (DV) Categorytag:ashwinsharma.com,2008-03-19:903180janak2008-03-19T02:56:36Z2008-03-19T02:56:36Zmy mother born in berma ,she is b.phram can she got applied for dvloteery...other thing she have no birth certificate of berma if i want that how can we got?means after seven std she came to gujarat india..studied at india..in school leaving it shows that she born in berma]]>