Macaca
05-12 05:53 PM
A Right of All Citizens
Why naturalized Americans should be allowed to run for president. (http://www.tnr.com/article/politics/88161/obama-birther-constitution-natural-citizens-president)
By Randall Kennedy | The New Republic
The controversy over President Barack Obama�s birth certificate reveals that more is wrong with the United States than the presence of demagogues, bigots, and cranks. After all, the foundation of the birthers� allegation was the Constitution of the United States, specifically Article II, which declares that �[n]o person except a natural born Citizen of the United States, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.� That provision invidiously discriminates against the many Americans (nearly 17 million in 2009) who were born abroad and have become naturalized citizens. Few people have realistic prospects of winning the country�s top elective office whatever their background. But excluding certain citizens from consideration based merely on nativity is unjust and self-destructive. It makes second-class citizens of naturalized citizens by suggesting that they are somehow not as American and not as trustworthy as �real� Americans who are native-born. It also deprives the United States of putting to use at the apex of government the manifold talents of all American citizens.
The natural-born citizen requirement received little attention at the constitutional convention of 1787. Historians trace it to a recommendation made to George Washington by John Jay, who later became the first chief justice of the Supreme Court. �Permit me to hint,� Jay remarked in a letter, �whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in Chief of the American army shall not be given to nor evolve on, any but a natural-born Citizen.� In other words, some in the founding generation feared that the foreign-born might retain a secret or latent loyalty to their land of birth. Another fear was that European powers might insinuate within the new republic agents who would rise to power, subvert the young democracy, and reimpose monarchy. The �general propriety of the exclusion of foreigners � will scarcely be doubted by any sound statesmen,� Justice Joseph Story declared in his Commentaries on the Constitution of the United States. �It cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office.�
Whether or not this absolute bar based on nativity made sense at the founding, it is now dangerously unfair and unwise. It stigmatizes all immigrants, expressing in the fundamental law of the United States a judgment that they are irremediably flawed, forever cast under a pall of increased suspicion, perpetually labeled as less fully American than fellow citizens who happen to have been native-born. Idolatry of place of birth is a rank superstition. Nativity indicates nothing about a person�s willed attachment to a nation, a polity, or a way of life. Nativity denotes an accident of fate over which an individual has no control.
Many continue to believe that, at least with respect to the presidency, being born abroad, no matter what one�s contribution to the country, raises a sufficient question to warrant ineligibility. �I don�t think it is unfair to say the president of the United States should be a native-born citizen,� Senator Dianne Feinstein declared several years ago at a hearing of the Senate Judiciary Committee devoted to considering a proposal to amend the natural-born citizen exclusion. �Your allegiance is driven by your birth.�
Feinstein�s intuition is wrong. On the one hand, there are the numerous examples of immigrants who, having chosen to become citizens, have poured their all into the development and defense of this country�including about 700 persons, born abroad, who have been awarded the nation�s highest military award for bravery, the Medal of Honor. On the other hand, there are native-born Americans who have disgraced themselves and endangered their neighbors by despicable acts of betrayal. One thinks here of Robert Hanssen, the CIA double-agent; Timothy McVeigh, the Oklahoma City bomber; and John Walker Lindh, the American Taliban soldier. Defenders of the exclusion of foreign-born citizens sometimes express fear of a �Manchurian Candidate,� alluding to the novel by Richard Condon and two spinoff films that portray the danger posed by brainwashed officials who rise to high positions. But the exclusionists seem to forget that the fictional characters to whom they refer were American-born.
The natural-born exclusion fetishizes nativity. When it comes to assessing loyalty, what should matter is indicia of demonstrated allegiance. But, even if one attaches significance to the socialization that a person experiences growing up, a focus on mere nativity is misleading. As noted by Sarah Helene Duggin and Mary Beth Collins in their excellent 2005 Boston University Law Review article, �Natural Born� in the USA,� under our current rule, �An infant born in one of the fifty states but raised in a foreign country by non-United States citizens could serve as President, while a foreign born child adopted by United States citizens at two months of age and raised in the United states would not be eligible to become President.�
The Constitution�s invidious discrimination against immigrants is constantly overlooked. In 2004, at the Republican National Convention, the governor of California, Arnold Schwarzenegger, proclaimed that, in America, �it doesn�t make any difference where you were born.� Obviously, though, that was and is erroneous. Because of the natural-born exclusion, Schwarzenegger could never hope to be president since he was born in Austria. Other prominent Americans who have similarly been disqualified from the presidency include John Shalikashvili, former chairman of the Joint Chiefs of Staff; Madeleine Albright, former Secretary of State; and Lowell Weicker, former United States Senator. There are many good reasons why former Secretary of State Henry Kissinger should never have been considered for the presidency; that he was born in Germany should not have been one of them.
In 2008, in a speech entitled �The America We Love,� then-Senator Barack Obama asserted that an �essential American idea� is the belief that �we are not constrained by the accident of birth but can make of our lives what we will.� What he stated should be an essential idea and practice. If it was, we would have been spared the depressing furor over his birth certificate because where he was born would be irrelevant to assessing his fitness for the presidency.
Writing in the Constitution�s bicentennial year, William Safire declared that the �blatantly discriminatory eligibility clause is a blot on the national escutcheon and an anachronistic offense to conscience.� Why, he asked, �do we allow Jay�s outmoded suspicion to dry up our talent pool and insult our most valuable imports?� Why, indeed? We ought to amend the Constitution by removing the natural-born citizenship requirement. We ought to free the American people to decide whom they want as their president. Place of birth should pose no bar.
Randall Kennedy is the Michael R. Klein Professor of Law at Harvard University and the author of The Persistent Color Line: Racial Politics and the Obama Presidency (Pantheon Books, August 2011)
What Mr. Obama can do to further immigration reform (http://www.washingtonpost.com/opinions/what-mr-obama-can-do-to-further-immigration-reform/2011/05/05/AFzt8fsG_story.html) The Washington Post Editorial
Can Business Change the Immigration Debate? (http://blogs.cfr.org/oneil/2011/05/11/can-business-change-the-immigration-debate/) By Shannon K. O'Neil | Council on Foreign Relations
Get moving on immigration reform (http://www.latimes.com/news/opinion/opinionla/la-ed-immigration-20110512,0,5217717.story) Los Angeles Times Editorial
The state of play on immigration reform (http://www.washingtonpost.com/blogs/ezra-klein/post/the-state-of-play-on-immigration-reform/2011/05/09/AFR5sPrG_blog.html) By Ezra Klein | Washington Post
Obama's Immigration Reform Vision: Clouded by Cynicism (http://www1.realclearpolitics.com/articles/2011/05/12/obamas_immigration_reform_vision_clouded_by_cynici sm_109830.html) By Mark Salter, RealClearPolitics
Citizen children and life under the radar (http://www.latimes.com/news/opinion/commentary/la-oe-yoshikawa-immigration-20110512,0,6784773.story) By Hirokazu Yoshikawa | Los Angeles Times
Immigration reform and border security: Obama's standards (http://www.csmonitor.com/Commentary/the-monitors-view/2011/0510/Immigration-reform-and-border-security-Obama-s-standards) CS Monitor Editorial
Why naturalized Americans should be allowed to run for president. (http://www.tnr.com/article/politics/88161/obama-birther-constitution-natural-citizens-president)
By Randall Kennedy | The New Republic
The controversy over President Barack Obama�s birth certificate reveals that more is wrong with the United States than the presence of demagogues, bigots, and cranks. After all, the foundation of the birthers� allegation was the Constitution of the United States, specifically Article II, which declares that �[n]o person except a natural born Citizen of the United States, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.� That provision invidiously discriminates against the many Americans (nearly 17 million in 2009) who were born abroad and have become naturalized citizens. Few people have realistic prospects of winning the country�s top elective office whatever their background. But excluding certain citizens from consideration based merely on nativity is unjust and self-destructive. It makes second-class citizens of naturalized citizens by suggesting that they are somehow not as American and not as trustworthy as �real� Americans who are native-born. It also deprives the United States of putting to use at the apex of government the manifold talents of all American citizens.
The natural-born citizen requirement received little attention at the constitutional convention of 1787. Historians trace it to a recommendation made to George Washington by John Jay, who later became the first chief justice of the Supreme Court. �Permit me to hint,� Jay remarked in a letter, �whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in Chief of the American army shall not be given to nor evolve on, any but a natural-born Citizen.� In other words, some in the founding generation feared that the foreign-born might retain a secret or latent loyalty to their land of birth. Another fear was that European powers might insinuate within the new republic agents who would rise to power, subvert the young democracy, and reimpose monarchy. The �general propriety of the exclusion of foreigners � will scarcely be doubted by any sound statesmen,� Justice Joseph Story declared in his Commentaries on the Constitution of the United States. �It cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office.�
Whether or not this absolute bar based on nativity made sense at the founding, it is now dangerously unfair and unwise. It stigmatizes all immigrants, expressing in the fundamental law of the United States a judgment that they are irremediably flawed, forever cast under a pall of increased suspicion, perpetually labeled as less fully American than fellow citizens who happen to have been native-born. Idolatry of place of birth is a rank superstition. Nativity indicates nothing about a person�s willed attachment to a nation, a polity, or a way of life. Nativity denotes an accident of fate over which an individual has no control.
Many continue to believe that, at least with respect to the presidency, being born abroad, no matter what one�s contribution to the country, raises a sufficient question to warrant ineligibility. �I don�t think it is unfair to say the president of the United States should be a native-born citizen,� Senator Dianne Feinstein declared several years ago at a hearing of the Senate Judiciary Committee devoted to considering a proposal to amend the natural-born citizen exclusion. �Your allegiance is driven by your birth.�
Feinstein�s intuition is wrong. On the one hand, there are the numerous examples of immigrants who, having chosen to become citizens, have poured their all into the development and defense of this country�including about 700 persons, born abroad, who have been awarded the nation�s highest military award for bravery, the Medal of Honor. On the other hand, there are native-born Americans who have disgraced themselves and endangered their neighbors by despicable acts of betrayal. One thinks here of Robert Hanssen, the CIA double-agent; Timothy McVeigh, the Oklahoma City bomber; and John Walker Lindh, the American Taliban soldier. Defenders of the exclusion of foreign-born citizens sometimes express fear of a �Manchurian Candidate,� alluding to the novel by Richard Condon and two spinoff films that portray the danger posed by brainwashed officials who rise to high positions. But the exclusionists seem to forget that the fictional characters to whom they refer were American-born.
The natural-born exclusion fetishizes nativity. When it comes to assessing loyalty, what should matter is indicia of demonstrated allegiance. But, even if one attaches significance to the socialization that a person experiences growing up, a focus on mere nativity is misleading. As noted by Sarah Helene Duggin and Mary Beth Collins in their excellent 2005 Boston University Law Review article, �Natural Born� in the USA,� under our current rule, �An infant born in one of the fifty states but raised in a foreign country by non-United States citizens could serve as President, while a foreign born child adopted by United States citizens at two months of age and raised in the United states would not be eligible to become President.�
The Constitution�s invidious discrimination against immigrants is constantly overlooked. In 2004, at the Republican National Convention, the governor of California, Arnold Schwarzenegger, proclaimed that, in America, �it doesn�t make any difference where you were born.� Obviously, though, that was and is erroneous. Because of the natural-born exclusion, Schwarzenegger could never hope to be president since he was born in Austria. Other prominent Americans who have similarly been disqualified from the presidency include John Shalikashvili, former chairman of the Joint Chiefs of Staff; Madeleine Albright, former Secretary of State; and Lowell Weicker, former United States Senator. There are many good reasons why former Secretary of State Henry Kissinger should never have been considered for the presidency; that he was born in Germany should not have been one of them.
In 2008, in a speech entitled �The America We Love,� then-Senator Barack Obama asserted that an �essential American idea� is the belief that �we are not constrained by the accident of birth but can make of our lives what we will.� What he stated should be an essential idea and practice. If it was, we would have been spared the depressing furor over his birth certificate because where he was born would be irrelevant to assessing his fitness for the presidency.
Writing in the Constitution�s bicentennial year, William Safire declared that the �blatantly discriminatory eligibility clause is a blot on the national escutcheon and an anachronistic offense to conscience.� Why, he asked, �do we allow Jay�s outmoded suspicion to dry up our talent pool and insult our most valuable imports?� Why, indeed? We ought to amend the Constitution by removing the natural-born citizenship requirement. We ought to free the American people to decide whom they want as their president. Place of birth should pose no bar.
Randall Kennedy is the Michael R. Klein Professor of Law at Harvard University and the author of The Persistent Color Line: Racial Politics and the Obama Presidency (Pantheon Books, August 2011)
What Mr. Obama can do to further immigration reform (http://www.washingtonpost.com/opinions/what-mr-obama-can-do-to-further-immigration-reform/2011/05/05/AFzt8fsG_story.html) The Washington Post Editorial
Can Business Change the Immigration Debate? (http://blogs.cfr.org/oneil/2011/05/11/can-business-change-the-immigration-debate/) By Shannon K. O'Neil | Council on Foreign Relations
Get moving on immigration reform (http://www.latimes.com/news/opinion/opinionla/la-ed-immigration-20110512,0,5217717.story) Los Angeles Times Editorial
The state of play on immigration reform (http://www.washingtonpost.com/blogs/ezra-klein/post/the-state-of-play-on-immigration-reform/2011/05/09/AFR5sPrG_blog.html) By Ezra Klein | Washington Post
Obama's Immigration Reform Vision: Clouded by Cynicism (http://www1.realclearpolitics.com/articles/2011/05/12/obamas_immigration_reform_vision_clouded_by_cynici sm_109830.html) By Mark Salter, RealClearPolitics
Citizen children and life under the radar (http://www.latimes.com/news/opinion/commentary/la-oe-yoshikawa-immigration-20110512,0,6784773.story) By Hirokazu Yoshikawa | Los Angeles Times
Immigration reform and border security: Obama's standards (http://www.csmonitor.com/Commentary/the-monitors-view/2011/0510/Immigration-reform-and-border-security-Obama-s-standards) CS Monitor Editorial
wallpaper Portrait Photography•on
walking_dude
10-01 11:11 AM
I agree to point (1) for both Obama and McCain. Chances of them happening are very high. I, however, disagree with point (2) for both of them.
A bill similar to HR5882 can be added to CIR as an amendment (like the Cornyn-Cantwell amendment to CIR2007, which unfortunately didn't get voted on as the CIR died!). Most of the CIR backers like Hispanic caucus or Sen Menedez aren't opposed to EB increases/recaptures as such, but have prevented the passage to make pro-business Republicans make concession toward legalization. If Legalization passes through, they are unlikely to stand in our way.
On the other hand, anti-immigrant groups such as FAIR, CIS etc. oppose us as much as they oppose legalization ( according to their bizzaro definition every immigrant is illegal). They will oppose stand-alone bills such as HR 5882 as much as they oppose the CIR . Infact it was filibustering by Repubs such as Steve King and Smith - who are sympathetic to these groups - that killed our bill.
CIR + our EB ammendments will face only opposition from anti-immigrants, where as Hispanic Congressmen and CIR backers will be supporting our bills as well, where as EB-only bill face the ire of both anti-immigrants as well as the CIR backers and the powerful Hispanic caucus. That's the lesson we should learn from the failures of this year.
Focus may be on Economy, but Immigration cannot be ignored due to political considerations. If there is a democratic senate, democratic House and democratic President - Hispanic lawmakers will not let them rest, until they get the CIR on the floor.
IMO, our focus should be to find the EB-killer clauses in the CIR, get them ammended, and add our bills as ammendments to CIR. And not to oppose it in favor of highly-unlikely-to-pass piecemeal legislation.
If Obama becomes Prez
1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)
If McCain becomes Prez
1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
2)Smaller measures like HR 5882 will have chances to pass through
This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents
A bill similar to HR5882 can be added to CIR as an amendment (like the Cornyn-Cantwell amendment to CIR2007, which unfortunately didn't get voted on as the CIR died!). Most of the CIR backers like Hispanic caucus or Sen Menedez aren't opposed to EB increases/recaptures as such, but have prevented the passage to make pro-business Republicans make concession toward legalization. If Legalization passes through, they are unlikely to stand in our way.
On the other hand, anti-immigrant groups such as FAIR, CIS etc. oppose us as much as they oppose legalization ( according to their bizzaro definition every immigrant is illegal). They will oppose stand-alone bills such as HR 5882 as much as they oppose the CIR . Infact it was filibustering by Repubs such as Steve King and Smith - who are sympathetic to these groups - that killed our bill.
CIR + our EB ammendments will face only opposition from anti-immigrants, where as Hispanic Congressmen and CIR backers will be supporting our bills as well, where as EB-only bill face the ire of both anti-immigrants as well as the CIR backers and the powerful Hispanic caucus. That's the lesson we should learn from the failures of this year.
Focus may be on Economy, but Immigration cannot be ignored due to political considerations. If there is a democratic senate, democratic House and democratic President - Hispanic lawmakers will not let them rest, until they get the CIR on the floor.
IMO, our focus should be to find the EB-killer clauses in the CIR, get them ammended, and add our bills as ammendments to CIR. And not to oppose it in favor of highly-unlikely-to-pass piecemeal legislation.
If Obama becomes Prez
1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)
If McCain becomes Prez
1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
2)Smaller measures like HR 5882 will have chances to pass through
This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents
rvr_jcop
03-26 09:13 PM
If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).
Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.
Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.
Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.
Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.
2011 Glamour Portrait photography
NKR
07-14 03:52 PM
---------------------------------------------------------------------------
I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
more...
unitednations
08-02 02:34 PM
United Nations,
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
Obvious questions is; why take the risk.
A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.
However; i am sure uscis would have smartened up now...
I can't give you a definitive answer with whether they would reject the case or not.
Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.
In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
Obvious questions is; why take the risk.
A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.
However; i am sure uscis would have smartened up now...
I can't give you a definitive answer with whether they would reject the case or not.
Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.
In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.
GC_Applicant
04-09 01:05 AM
Thanks for the info. Did you enquire about FHA loans., and how hard or easy it is to get.
more...
Macaca
01-20 10:11 AM
Could Congress Be Waking Up? (http://www.nytimes.com/2008/01/19/opinion/19mann.html?em&ex=1200978000&en=42615f161ac4daf2&ei=5087%0A) By THOMAS E. MANN, MOLLY REYNOLDS and NIGEL HOLMES | NY Times, Jan 19
AMID the clamor of the presidential campaign, it�s sometimes easy to forget that all 435 House seats and 35 of the Senate�s seats are up for election this year, too. So how should Congress under its new Democratic leadership be judged?
The public has reached a decidedly negative conclusion, based on Congress�s inability to force a change in policy on the Iraq war and the pitched partisan battles that characterized much of the year in Washington.
But expectations for seismic change in policymaking after the 2006 midterm elections were almost certainly too high, given the deep ideological differences between the parties, the Democrats� narrow majorities, the now-routine Senate filibusters and a Republican president determined to go his own way on Iraq, the budget and domestic policy.
Based on our research, the 110th Congress does deserve some praise. In 2007, the level of energy and activity on Capitol Hill picked up markedly. This is not surprising � when the Newt Gingrich Congress, its closest analogue, took over in 1995, the pace of legislative life sped up, too.
In terms of both the number and significance of new public laws, however, last year�s Democratic majority significantly outperformed that Republican Congress. Only one item described in the Republican Contract With America was signed into law at the end of 1995, while most of the proposals the Democrats announced as their agenda were enacted.
Democrats, to be sure, aimed lower in their specific legislative promises, but they managed to overcome the many obstacles in their way. Republicans in 1995 shot for the moon and ended up frustrated by Senate inaction, presidential vetoes and a government shutdown that proved politically damaging.
The new Democratic Congress delivered on the promise of ethics and lobbying reform, and made considerable progress in reining in earmarks, which had exploded under the previous 12 years of mostly Republican rule. In fact, between the 2006 and 2008 fiscal years, the cost of appropriations earmarks appears to have dropped from $29 billion to $14.1 billion. Perhaps most important, Congress reasserted itself as a rightful check on the executive branch, significantly stepping up its oversight on a wide range of important subjects.
But a less partisan, more deliberative and productive legislative process will have to await a clearer signal from voters in the 2008 elections.
The chart below shows how the 110th Congress spent its time, and what it accomplished, in its first year under Democratic control, compared with its immediate predecessor and with the Republican Congress that took office in 1995.
AMID the clamor of the presidential campaign, it�s sometimes easy to forget that all 435 House seats and 35 of the Senate�s seats are up for election this year, too. So how should Congress under its new Democratic leadership be judged?
The public has reached a decidedly negative conclusion, based on Congress�s inability to force a change in policy on the Iraq war and the pitched partisan battles that characterized much of the year in Washington.
But expectations for seismic change in policymaking after the 2006 midterm elections were almost certainly too high, given the deep ideological differences between the parties, the Democrats� narrow majorities, the now-routine Senate filibusters and a Republican president determined to go his own way on Iraq, the budget and domestic policy.
Based on our research, the 110th Congress does deserve some praise. In 2007, the level of energy and activity on Capitol Hill picked up markedly. This is not surprising � when the Newt Gingrich Congress, its closest analogue, took over in 1995, the pace of legislative life sped up, too.
In terms of both the number and significance of new public laws, however, last year�s Democratic majority significantly outperformed that Republican Congress. Only one item described in the Republican Contract With America was signed into law at the end of 1995, while most of the proposals the Democrats announced as their agenda were enacted.
Democrats, to be sure, aimed lower in their specific legislative promises, but they managed to overcome the many obstacles in their way. Republicans in 1995 shot for the moon and ended up frustrated by Senate inaction, presidential vetoes and a government shutdown that proved politically damaging.
The new Democratic Congress delivered on the promise of ethics and lobbying reform, and made considerable progress in reining in earmarks, which had exploded under the previous 12 years of mostly Republican rule. In fact, between the 2006 and 2008 fiscal years, the cost of appropriations earmarks appears to have dropped from $29 billion to $14.1 billion. Perhaps most important, Congress reasserted itself as a rightful check on the executive branch, significantly stepping up its oversight on a wide range of important subjects.
But a less partisan, more deliberative and productive legislative process will have to await a clearer signal from voters in the 2008 elections.
The chart below shows how the 110th Congress spent its time, and what it accomplished, in its first year under Democratic control, compared with its immediate predecessor and with the Republican Congress that took office in 1995.
2010 About the Portrait Studios
number30
03-24 03:39 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Moment you bring such things into the forum discussions will stop and goes somewhere else.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Moment you bring such things into the forum discussions will stop and goes somewhere else.
more...
akred
04-07 01:35 PM
Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.
What are you talking about?
I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.
http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
http://www.ieeeusa.org/policy/positions/researchcredit.html
What are you talking about?
I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.
http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
http://www.ieeeusa.org/policy/positions/researchcredit.html
hair Gypsy Eyes - Portrait in Black
ssa
06-25 02:33 PM
I am not foreclosed and neither is anyone I know. Who do you know is foreclosed? Were they smart or stupid in their investment? How much did they put down? Did they crunch the numbers and do the math?
You do not invest without a plan to cover all scenarios and you definitely do not invest beyond your means. The people that caused the meltdown and caused foreclosures couldnt afford the property to begin with. Is that you? Do you fit into that category? If so, do not buy.
There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.
If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.
You do not invest without a plan to cover all scenarios and you definitely do not invest beyond your means. The people that caused the meltdown and caused foreclosures couldnt afford the property to begin with. Is that you? Do you fit into that category? If so, do not buy.
There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.
If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.
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sk2006
06-12 12:11 AM
This is for sharing and suggesting your views, ( :)who are not opposing for buying a home now or in the near future and those who are staying at Bay Area, CA or similar places in US) where the medium home price is still looks like quite unaffordable :
for example, in Bay Area, CA - places which has good school districts and neighbourhoods like Cupertino, Fremont, Redwood shores etc., (please add other good places also...) - the medium home price of a new independant home (anywhere from 1500 to 3000 sq.feet) will be atleast in the price range of $700000 - 2+ Millions.
Other options are :
1) Moving to the outskirts, around 40 or 50+ miles - places like San Ramon, Gilroy etc. (remember commute will be too hectic...). In these places also, the above mentioned homes will cost $450000 and up.
2) Go with an old condo/town home (in Bay Area, usually an old house is 25+ years YOUNG!!!) and after 5+ years look for an old independant home and after another 5+ years, move to your dream home. (I don't know whether we, most of us who are in the GC mess might be in 35 and above age group, have any juice left to do so rather than try to settle down within a couple of years. And one more thing, are these places really worth for spending this much for houses? (I know its a personal choice and lot of factors come in to play...)
3) Move to a more affordable place so that even if there are some hick ups in career or other ups and downs in life, it won't affect the mortage payment (considering ones personal interests and other factors like employment opportunities, climate, diversed community etc etc.) - places like Dallas, Austin, Phoenix, Atlanta etc. (feel free to add other cities also).
Please comment/share your thoughts (I am agreeing there may be slight variation in above price ranges) and really sorry if we discussed this in any other threads....
Thanks,
B+ve
I am in SF Bay area.
I would say WAIT and prices will become affordable here as well.
People who bought these 700K+ houses were not necessarily richer than you and me.
ARMs with low or zero down payments did the trick.
Save for the down payment and wait. You will get a good house at affordable price in 1-2 years.
for example, in Bay Area, CA - places which has good school districts and neighbourhoods like Cupertino, Fremont, Redwood shores etc., (please add other good places also...) - the medium home price of a new independant home (anywhere from 1500 to 3000 sq.feet) will be atleast in the price range of $700000 - 2+ Millions.
Other options are :
1) Moving to the outskirts, around 40 or 50+ miles - places like San Ramon, Gilroy etc. (remember commute will be too hectic...). In these places also, the above mentioned homes will cost $450000 and up.
2) Go with an old condo/town home (in Bay Area, usually an old house is 25+ years YOUNG!!!) and after 5+ years look for an old independant home and after another 5+ years, move to your dream home. (I don't know whether we, most of us who are in the GC mess might be in 35 and above age group, have any juice left to do so rather than try to settle down within a couple of years. And one more thing, are these places really worth for spending this much for houses? (I know its a personal choice and lot of factors come in to play...)
3) Move to a more affordable place so that even if there are some hick ups in career or other ups and downs in life, it won't affect the mortage payment (considering ones personal interests and other factors like employment opportunities, climate, diversed community etc etc.) - places like Dallas, Austin, Phoenix, Atlanta etc. (feel free to add other cities also).
Please comment/share your thoughts (I am agreeing there may be slight variation in above price ranges) and really sorry if we discussed this in any other threads....
Thanks,
B+ve
I am in SF Bay area.
I would say WAIT and prices will become affordable here as well.
People who bought these 700K+ houses were not necessarily richer than you and me.
ARMs with low or zero down payments did the trick.
Save for the down payment and wait. You will get a good house at affordable price in 1-2 years.
hot Black and white baby portrait
unitednations
03-25 12:35 PM
Oh, and I think I should elaborate just a little more.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
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house portrait photography brighton
trueguy
07-13 03:04 AM
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
tattoo newborn photography Grand
nk2006
09-30 02:54 PM
Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.
I dont think there were any provisions in 2007 CIR that curtail job movement using AC21 for greencard holders. I think we are over-analyzing this - that Sen.Durbin is against lot of H1B provisions is evident. Also he may not be in favor of visa-recapture for EB immigrants - but I dont think he will single handedly drive immigration rules and make the life of all EB immigrants tough. He may have some support in changing the rules in H1B - but I dont think even he is not that negative regarding GC aspects - even if he is, may not get widespread support for it in congress.
Also Obama has shown his governing style (from the campaign, debate etc) - which is very level headed based on a bunch of things and discussions rather than following "one" ideological path blindly. If at all I think his administration will be more favorable to EB GC reform and somewhat unfavorable H1B reform (and completely pro-undocumented reform just like McCain). This is based on my interpretation of his immigration policies on his site and based on his general campaign.
Correct me if I am wrong.
I dont think there were any provisions in 2007 CIR that curtail job movement using AC21 for greencard holders. I think we are over-analyzing this - that Sen.Durbin is against lot of H1B provisions is evident. Also he may not be in favor of visa-recapture for EB immigrants - but I dont think he will single handedly drive immigration rules and make the life of all EB immigrants tough. He may have some support in changing the rules in H1B - but I dont think even he is not that negative regarding GC aspects - even if he is, may not get widespread support for it in congress.
Also Obama has shown his governing style (from the campaign, debate etc) - which is very level headed based on a bunch of things and discussions rather than following "one" ideological path blindly. If at all I think his administration will be more favorable to EB GC reform and somewhat unfavorable H1B reform (and completely pro-undocumented reform just like McCain). This is based on my interpretation of his immigration policies on his site and based on his general campaign.
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pictures lack and white maternity
chintu25
08-05 11:55 AM
I am requesting an amendment to the spelling of "mahaul".
I think it would sound better if we spelled it as "mahole" :D
Mohol --> :D
I think it would sound better if we spelled it as "mahole" :D
Mohol --> :D
dresses Glamour Portrait photography
checklaw
10-02 01:10 PM
he for now atleast, seems slightly different then regular politicians that we know of...and considering the consequences of present financial crisis would most likely be the next President coming Nov..
but to us, the prospective permanent immigrants, this comes with a measure of fear knowing he might listen and act only to staunch anti-legal-immigration policy advisors in his rank who seem to wield substantial influence on such matters.
checklaw
but to us, the prospective permanent immigrants, this comes with a measure of fear knowing he might listen and act only to staunch anti-legal-immigration policy advisors in his rank who seem to wield substantial influence on such matters.
checklaw
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makeup Black amp; white female portrait
nojoke
04-15 03:42 PM
I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.
go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.
go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.
girlfriend -Classic Black and White.
Jimi_Hendrix
11-11 05:45 PM
http://www.bluelatinos.org/firelou?from=0
I encourage IV members to go to the above website and add themselves to the list of petitioners asking CNN to fire Lou.
I encourage IV members to go to the above website and add themselves to the list of petitioners asking CNN to fire Lou.
hairstyles Portrait Photograph At Sunrise
RaviG
07-14 08:24 PM
the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.
I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.
I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.
snathan
01-06 05:15 PM
Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
Modi is the need of the hour andnot Gandhi....Grow up man.
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
Modi is the need of the hour andnot Gandhi....Grow up man.
NKR
08-05 04:34 PM
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)
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