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the law is on our side, even if NSC isnt

the law is on our side, even if NSC isnt

Old Aug 23rd 2003, 3:01 am
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Last edited by seadave; Aug 24th 2003 at 12:48 pm.
 
Old Aug 23rd 2003, 3:02 am
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Default Re: the law is on our side, even if NSC isnt

Originally posted by seadave
Would this be the basis of a lawsuit??? any comments from the group??? --seadave
No
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Old Aug 23rd 2003, 5:29 am
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Default Re: the law is on our side, even if NSC isnt

Originally posted by seadave
Would this be the basis of a lawsuit??? any comments from the group??? --seadave




Below is Public Law 107-228 (HR1646), Title II, Subsection B, Section 233, that was signed into Law on September 30, 2002, for the Fiscal Year 2003. The Law became effective October 1, 2002. The Law was signed by PRESIDENT BUSH.

Public Law 107-228

“Foreign Relations Authorization Act for Fiscal Year 2003�


(a) IN GENERAL- It shall be the policy of the Department to process each visa application from an alien classified as an immediate relative or as a K-1 nonimmigrant within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the petitioner is a relative other than an immediate relative, it should be the policy of the Department to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service.

(b) DEFINITIONS- In this section:

(1) IMMEDIATE RELATIVE- The term `immediate relative' has the meaning given the term in section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).

(2) K-1 nonimmigrant- The term `K-1 nonimmigrant' means a nonimmigrant alien described in section 101(a)(15)(K)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).
Hi:

No. It says "policy" -- not "shall". And even then, you would lose. Take a look at the employment based regulations under 8 CFR 204.5 and look for reference to "pilot project program." That is reference to a temporary program where the Secretary of Labor was ORDERED to designate 10 occupations for which there were labor shortages thereby eliminating the need for labor certificaties under 212(a)(5) of the Act.

Would you believe that the DOL simply REFUSED to set up the program. As a result, not one alien applied to immigrate pursuant to the program during the pilot period. There was a suit to compel the DOL to set up the program -- it failed.
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Old Aug 23rd 2003, 5:58 am
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Default Re: the law is on our side, even if NSC isnt

This law pertains to the Department of State and how quickly they
process the application/documents they receive from the BCIS (formerly
INS). The text states ...
"within 30 days of the receipt of all necessary documents from the
applicant and the Immigration and Naturalization Service."

BCIS is controlled by the Department of Homeland Security.

Two different agencies, two different sets of rules. Once you get
through BCIS, then you are dealing with the DOS (i.e NVC and the
Embassy).

As such, BCIS is not legally obligated under this law and they will
ignore it.

Also, the word PROCESS is not defined. A creative gov't bureaucrat
could invent many processes that would qualify. Could it mean at a
mininmum that they have sent you a notice regarding your documents?

I compare this law to something more like swiss cheese. Looks good,
smells good, but is full of holes!

Shawn


On Sat, 23 Aug 2003 15:02:24 +0000, Dekka's Angel
<[email protected]> wrote:

    >Originally posted by seadave
    >> Would this be the basis of a lawsuit??? any comments from the
    >> group??? --seadave
    >>
    >No
 
Old Aug 23rd 2003, 8:18 am
  #5  
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Originally posted by seadave
thanks for clearing this up for me....

So I guess what you are saying is that they write a lot of stuff down and it doesnt mean anything... So they are paid to do nothing sometimes it would seem
No!! they mean you are talking crap again!!!!
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Old Aug 23rd 2003, 10:16 am
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No... Trying to take action against them would probably do as you are doing now and piss them off. One would not think it all that hard to verify who you are and stick your file at the bottom of the stack.

I am all for contacting state senators and working with in the system for change or reform and have much respect for those at TSC who protested, but venting here in a forum is the wrong road to drive. I do not know if anyone from NSC visits this forum, but I do know that someone from the Manila embassy does. I am sure that you will bitch tenfold when dealing with them and I only hope that you learn, as I emailed you, "Silence some times is golden". Ray6 does not seem to take value in your posts, understandable so, but I think he is really trying to do you a favor by telling you to, "Tone it down a bit".

Scott
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