Roxio

Folinskyinla,couldn't grasp what you say(I am not that educated).
Can you explain that again,briefly.
Thanks.

ian-mstm

Basically... when immigration laws are changed, sometimes things happen that you don't expect because of that change. The backlog that is causing your delay is likely because of a change that was made many years ago.

Unfortunately, there is absolutely nothing you can do about it, and while you think it is totally unfair, it's one of the consequences of being an LPR and being married at the same time. This would not happen if you were a US citizen.

Ian

Folinskyinla

Hi:

The law of unintended consequences is a corollary of "Shit happens."

When Congress amends the law -- it is usually based upon the "facts on the ground" at the time the legislation is enacted. The "facts on the ground" may change over time, but the law does not. Also, in dealing with a specific problem, there is often unintended "blow back" on other people. ["blow back" comes from the military -- you really don't want to be behind a recoiless rifle or a rocket which is fired away from you.]

To give you an idea of this -- there is a section in the Immigration & Nationality Act added by the 1986 marriage amendments -- if you get a green card by marriage to a green card holder and the marriage ends within five years of the first marriage, you can't petition for a subsequent spouse absent proof the first marriage was not valid. [There is a case on called Patel on this, but I'm not looking it up].

In 1986, the backlogs were quite short [in fact, they had recently developed], so that section had some teeth. Under current circumstances,it is dead letter and meaningless.

AlanR

You're absolutely right and morally right too. The USCIS doesn't see it like that though - and they only just interpret the 'rules' set by Congress.
The one thing about people adjusting their status is that they're completely visible to the system. Others,of course,are not and keep their heads down.
Unfortunately when you're in the USCIS sandbox,you have to abide by their rules. One reason for getting to citizenship as soon as possible. Look at this though if you think you have worries:
http://www.democracynow.org/2008/8/1..._detainee_dies

Roxio

Folinskyinla,whats your take on the S. 3514:Reuniting Families Act introduced last year Sep 18,2008.
http://www.govtrack.us/congress/bill.xpd?bill=s110-3514

Folinskyinla

Hi:

The 110th Congress adjourned without passing it. Nothing at all happened in the 110th. What else is there to say?

Roxio

Any chances of it being re-introduced in the 111th?
Senator Robert (Bob) Menéndez has a stake in it being introduced.His constituence includes thousands of affected families and individuals.

ian-mstm

Here's an idea... why don't you write to Senator Menendez and ask *him* to reintroduce it. Why be a passive onlooker, when you can be part of the process?

Ian

Folinskyinla

Hi:

I've learned over the years to not bother following individual legislation pending in Congress until you see the words "to the President for signature." Until then, many bills are introduced and then go no where.

I have no idea if Congress will pass anything -- the 111th is young and they are grappling with bigger problems now.

Of particular note, the so-called "Dream Act" legislation has had bi-partisan support for years and has gone no-where. If I had to bet, I would think that the Dream Act has better chances.

Roxio

The proposed Obama/Biden immigration Reform Act seems more potent than the one sponsored by Sen.Menendez(D-NJ).
The way Obama is moving with the bills and legislations,it shouldn't be long before the Immigration Reform Act is signed.
But then,I am just hopeful.

Folinskyinla

Hi:

I suggest you do not expect anything. If and when it happens, it will be nice. I've been in this business a long time and have learned not to predict what happens.

The "IRCA" legislation was in gestation from 1978 until November 1986.

Also, the new administration has some more pressing issues on its hands right now and they will husband their muscle quite carefully in the first 100 days. Ronald Reagan did this, and he had the "honeymoon" extended by Mr. Hinkley in 1981.

If it happens, it happens. And when the process is finished, the law may not look like anything you expect.