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Creativity Motivation – What is motivation – Corey K Katir
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Describes motivation process for creativity with emphasis on intrinsic motivation by Corey K Katir

Author: Frankxu
Forum: Beijing
Date: 2011-12-05

L visa can be extended for twice, and each time is for one month.
The needed documents for L visa extension are as follows:
1.The passport with current visa
2.One two-inch photo with white background.
3.The bank book(save at lest $3000)
4.The beijing temporary residence permit

F visa extension is much more flexible. Generally, there are two kinds of ways for extension
F —- three months extension (0/one entry)
F —-six months extension (1/2/multi entry)
The needed documents for F visa extension are as follows:
1.The passport with current visa
2.One two-inch photo
3.The temporary residence permit
For further information, please donat hesitate to contact by following:

Frank
Mobile: +86-13466728990.
Offline: 010-52880162
MSNi1/4frank.0601@hotmail.com
Emaili1/4frank@visa100.org

Address: Room 1001, 10th Floor, No.3 Building of “Beijing INN”, ChaoYangMenNei, Dongcheng District, Beijing, P.R.C

—By Subway: Subway Line 2, ChaoYangMen station, B-exit(Southwest exit), then go Southwest for about 150 meters, you will see “Beijing INN”, we are in Room 1001 (10th Floor of No.3 Building)—When you see “7-11″, you find the right building.
—By Taxi or Self-driving: we are in the southwest corner of ChaoYangMen Bridge, the inner of Second Ring(Er Huan Road); our building(“Beijing INN”) is in the southwest corner of “Bank of China” and “ChaoYangMen SOHO”.

Author: Frankxu
Forum: Beijing
Date: 2011-11-03

How to convert L to F visa to 6 months?
L to F visa conversion
L to F visa for 6 months with one/two/multiple entries.
Documents required:
1. Passport
2. Beijing registration form from local police station or hotel
3. Two 2-inch pictures with white background.

L visa extension
L visa can be extended twice, each for one month.
Documents required:
1. Passport
2. Beijing registration form from local police station or hotel
3. Bank reference
4. Two 2-inch pictures with white background.

F visa extension
F visa can be extended for 3 or 6 months.
Documents required:
1. Passport
2. Beijing registration form from local police station or hotel
3. Two 2-inch pictures with white background.

For further information, feel free let me know.

Frank
Mobile: +86-13466728990.
Offline: 010-52880162
Emaili1/4frank@visa100.org
Address: Room 1001, 10th Floor, No.3 Building of “Beijing INN”, ChaoYangMenNei, Dongcheng District, Beijing, P.R.C

Author: Frankxu
Forum: Beijing
Date: 2011-11-03

How to Register a Wholly Foreign Owned Enterprise (WFOE)in China
—Professional China Company Registration in Beijing

If you want to invest in China, you don’t just turn to the relevant government departments for so many certificates and formalities, but turn to All-One. At All-One, we don’t just give you tailor-made service for your need, but for your satisfaction. All-Onea serving the world of business, professional and worldwide.

1. OVERVIEW OF CHINA
China, with a population of over 1.3 billion and a land area of 9.6 million km2 , has a potential market for business development. Chinaas GDP increases by double digits in the past few years, since the strong economic development enhanced by foreign demand and domestic consumption. Now more and more investors rush to China for business setup and market share in form of WFOE or joint venture, owing to Chinaas market, labor and policy advantages.

2. THE CONCEPT OF WFOE
WFOE stands for wholly foreign owned enterprise, which is a Limited liability company wholly owned by the foreign investor(s). WFOE means the foreign investors(including Hong Kong, Macau, Taiwan) established the enterprise within Chinese territory, in accordance with aPRC Wholly Foreign founded Enterprise Lawa, with capital provided solely by the foreign investor. The foreign investors refer to the foreign enterprise, individual or partner. (Including Hong Kong, Macau and Taiwan).
In China, WFOE were originally conceived for encouraged manufacturing activities that were either export orientated or introduced advanced technology. However, with China’s entry into the WTO, these conditions were gradually abolished and the WFOE is increasingly being used for service providers such as a variety of consulting and management services, software development and trading as well.

3. How to choose a competitive COMPANY NAME for a Wholly Foreign Owned Enterprise (WFOE)? What’s the regulations? And What kind of limitation you should know?

4. What’s the meaning of “SHAREHOLDER, DIRECTOR, SUPERVISOR AND LEGAL REPRESENTATIIVE” for a Wholly Foreign Owned Enterprise (WFOE)in China?

5. What kind of BUSINESS SCOPE you could have, and what you can not do?

6. How much Registration Capital you should have for a Wholly Foreign Owned Enterprise (WFOE)?

7. What’s the meaning of “Preferential Policy(or Pre-approval Policy)” for WFOE in CHINA?
Most of the preferential policies have been abolished since January 1, 2008, but for some sectors preferential policies still remain there, such as hi-tech or environmental protection sectors.

You will get the answers for all the questions above by simply sending an Email to us at: frank@visa100.org

8. ALL-ONE BUSINESS SERVICE PROCEDURE:
Step1: Fill in the application form (sign the agreement);
Step2: Confirm the company name;
Step3: Pay for the service;
Step4: Submit the needed documents;
Step5: Check the documents;
Step6: Prepare for the statutory documents.
Step7: Let the investors sign the documents personally;
Step8: Submit all the documents to the government
Step9: Keep our clients informed of processing.
Step10: Finish processing in 20-35 working days;
Step11: Inform the customer to take the documents
Step12: Sign the receipt.

9. DOCUMENTS REQUIRED FOR COMPANY REGISTRATIONi1/4aeeaeaei1/4i1/4
1: Minutes or resolution from investors board of directors
2: One proposed name (in Chinese), and provide two alternative names in case the first name is not available.
3: Detailed information about the business scope and registered capital;
4: Feasibility study report;
5: Four original articles of association signed by members of the Board and with company chop;
6: Copy of the business license, certificate of incorporation of parent company;
7: The original and copy of identity certification of legal representative, and two color photos; the copy of identity certification of the directors, supervisor and manager’s;
8: Two original bank reference letters (from investor’s bank) indicating foreign investors’ creditability, issued within 6 months in both English and Chinese translation;
9: Lawyer’s legalization or notarization and endorsed by local China Embassy or Consulate
10: The lease of commercial office between leaser and lessee needed to be endorsed by the Housing Management Authority. The lease should be signed personally by shareholders, directors and legal representative.

10. Why choose ALL-ONE?
ALL-ONE BUSINESS provides one-stop tailored-made services for foreign companies which would like to set up WFOE in China.

1) Honest and Trustworthy:
—We will never ever illegally make fake signatures on any official document;
—We are a company of his word, we do what we say.
—No “Time bomb” left for your company’s Operation in the future due to some mistakes or illegal papers.

2) One-stop Services:
All services in One-stop: Visa Solutions, Company Registration, Trademark Registration, Verification, Accounting, Auditing, Annual Examined, Job Recommendation, etc.

11. CONTACT US

Frank
Mobile: +86-13466728990.
Tel: 010-52880162
Emaili1/4frank@visa100.org

Address: Room 1001, 10th Floor, No.3 Building of “Beijing INN”, ChaoYangMenNei, Dongcheng District, Beijing, P.R.C

******Copyright 2008 Christine with All-One Business Co., Ltd. All rights reserved.******

Author: maggie66
Forum: Blogging from China
Date: 2011-07-25

Tourist visa extensioni1/4
If your tourist visa is expirying, let me help you to do the extension.
Below documents are required:
1-passport;
2-temporary residence registration form;
3-Certificate of individual deposit, issued from the local bank;
4-2-inch photo.

Business visa extension:
Now we can only do F 3-month extension, below are documents required:
1-passport;
2-temporary residence registration form;
3-2-inch photo.

Change tourist or business visa to working visa/residence permit.
There are 2 ways to get China working visa.
Way1:
Step 1: getting Employment license;
Step 2: getting Visa notification form;
Step 3: applying for Z-visa at Chinese embassy in applicant’s home country or a third country;
Step 4: getting Employment permit after applicant enter China with Z-visa;
Step 5: Change Z-visa to 1-year residence permit.
Way 2:
Step 1: getting Employment license;
Step 2: changing applicant’ s L or F visa to temporary residence permit;
Step 3: getting Employment permit;
Step 4: extend temporary residence permit to 1-year residence permit.

If you want any of the visa service, please contact Maggie.
Tel: 15010268301, Msn/Email: maggielee66@hotmail.com, Skype:eely-maggie

Author: Anonymous
Forum: Blogging from China
Date: 2011-07-06

dddd

Author: maggie66
Forum: Beijing
Date: 2011-06-15

Tourist visa extensioni1/4
If your tourist visa is expirying, let me help you to do the extension.
Below documents are required:
1-passport;
2-temporary residence registration form;
3-Certificate of individual deposit, issued from the local bank;
4-2-inch photo.

Business visa extension:
Now we can only do F 3-month extension, below are documents required:
1-passport;
2-temporary residence registration form;
3-2-inch photo.

Change tourist or business visa to working visa/residence permit.
There are 2 ways to get China working visa.
Way1:
Step 1: getting Employment license;
Step 2: getting Visa notification form;
Step 3: applying for Z-visa at Chinese embassy in applicant’s home country or a third country;
Step 4: getting Employment permit after applicant enter China with Z-visa;
Step 5: Change Z-visa to 1-year residence permit.
Way 2:
Step 1: getting Employment license;
Step 2: changing applicant’ s L or F visa to temporary residence permit;
Step 3: getting Employment permit;
Step 4: extend temporary residence permit to 1-year residence permit.

If you want any of the visa service, please contact Maggie.
Tel: 15010268301,
Msn/Email: maggielee66@hotmail.com,
Skype:eely-maggie

Author: maggie66
Forum: Beijing
Date: 2011-04-22

6-month F visa extension is much cheaper now.
If you need, please contact me freely.
While we can not do the extension for some countries, just like the African countries.

Maggie

Author: maggie66
Forum: Beijing
Date: 2011-04-19

hi,

This is Maggie from a visa agent in Beijing.
Now our company can sponsor you getting China working visa here in Beijing.
But you should be from European countries;
you should live in Beijing, can provide Temporary residence registration form in Beijing;
and you’d better can provide below documents:
1) Original BA or above degree, and translated it into Chinese, with translation company stamp;
2) 2years of work experience certificate, also translated into Chinese, with translation company stamp;
3) Health certificate done in the appointed hospital and in the latest 6months;
4) Chinese CV;
5) Passport with current visa;
6) Temporary residence registration form;
7) 8 of 2″ passport photos

Contact me once you need the service.

Maggie

Author: maggie66
Forum: Beijing
Date: 2011-03-29

Now we can do F visa 3-momth and 6-month extension.
Below are documents required:
1-passport;
2-temporary residence registration form;
3-2-inch photo.

If you want it, please feel free to contact with me.
Maggie

Author: maggie66
Forum: Beijing
Date: 2010-11-29

Hi foreign friends in Beijing,

I think many of you may meet problem on visa when you are travelling or visiting or working in China, so when you meet any problem please contact with me.

This is Maggie from “That’s China”, our company is a professional visa service company.

We can help you help you extend your L or F or Z if you want to stay more time with the L or F or Z visa.

And if you are holding L or F visa and want to change the L or F to Z visa after you find a job in Beijing, we can also help you do the change.

Please contact me for more detail.

Maggie

15010268301

Email:maggielee66@hotmail.com

Author: Anonymous
Forum: Beijing
Date: 2010-11-01

If you have a job and the employer would sponsor you on the visa issue, it will easy to apply for a 1-year working visa with multiple entries.

The 4 steps of working visa applicationi1/4
First:Applying for a employment license.
Second:Converting your current Business(F)/Tourist( visa into a 2-month Z visa without leaving China.
or Apply for the invitaion letter to get a Z visa.
Third:Applying for an employment permit.
Fourth:Applying for residence permit for one year.

Any details you want to confirm, just call me.
Maggie
15010268301
Email: maggielee66@hotmail.com

ESL teacher in Tianjin
From forum.chinaorbit

Author: Anonymous
Forum: Business Events in China
Date: 2010-10-22

High salary, Good reputation, teach near by Beijing, teach in Tianjin, we have strong foreign teachersa team
Our education center is in Tianjin, where is not far from Beijing. Tianjin have a great developed. Tianjin is a beautiful city in China. Many foreign teachers join with Our education center center . And all of foreign teacher enjoy in our education center. Our education center have a strong foreign teacher team. It enjoys a great reputation both with students and our teachers. We pay our teachers on time and even set up a Chinese bank account for them. Our education center pay is higher in tianjin. Pay is distributed monthly by direct deposit and all Visa and pay issues are handled legally and above board. Teach with the education leader, Teach with us! Welcome more teachers come to our education center. Our website: http://www.teachintianjin.com
Highlights: We recruit native English speakers no exception. Our Teachers enjoy great pay that is always paid on time and deposited electronically to your bank account. We allow our teachers to use their own teaching methods or they may take advantage of ideas from our teacher workshop at the beginning of each semester. No knowledge of the Chinese language is required.
Cost Include Description:
Contract 1 year or 6 months full time teaching: 16 to 30 teaching hours per week, more than 8000~14000RMB/month, provide a health insurance,(our education center pay the money) for teacher 2 hours free course of traditional dance, calligraphy, kongfu, traditional Chinese drawing or primal chaos, 2 hours free Chinese language training per week. We will pick you up at Beijing. (the free courses according to our education center schedule)
Free courses: 2 hours free course of traditional dance, calligraphy, kongfu, traditional Chinese drawing or primal chaos, 2 hours free Chinese language training per week. (The free courses according to our teaching schedule)
Tel: 86-15822071978 86-22-23394188 86-13672076518
Our website: http://www.teachintianjin.com
E-mail: yumingjiaoyu88@yahoo.com or yumingjiaoyu88@hotmail.com
NOTE: Our education center only use these two mailboxes receiving and reply E-mail, other mailboxes do not belong to our education center to use. The foreign teachers please pay attention.

ESL:teach English in China
From forum.chinaorbit

Author: Anonymous
Forum: Business Events in China
Date: 2010-10-20

High salary, Good reputation, teach near by Beijing, teach in Tianjin, we have strong foreign teachersa team
Our education center is in Tianjin, where is not far from Beijing. Tianjin have a great developed. Tianjin is a beautiful city in China. Many foreign teachers join with Our education center center . And all of foreign teacher enjoy in our education center. Our education center have a strong foreign teacher team. It enjoys a great reputation both with students and our teachers. We pay our teachers on time and even set up a Chinese bank account for them. Our education center pay is higher in tianjin. Pay is distributed monthly by direct deposit and all Visa and pay issues are handled legally and above board. Teach with the education leader, Teach with us! Welcome more teachers come to our education center. Our website: www.teachintianjin.com
Highlights: We recruit native English speakers no exception. Our Teachers enjoy great pay that is always paid on time and deposited electronically to your bank account. We allow our teachers to use their own teaching methods or they may take advantage of ideas from our teacher workshop at the beginning of each semester. No knowledge of the Chinese language is required.
Cost Include Description:
Contract 1 year or 6 months full time teaching: 16 to 30 teaching hours per week, more than 8000~14000RMB/month, provide a health insurance,(our education center pay the money) for teacher 2 hours free course of traditional dance, calligraphy, kongfu, traditional Chinese drawing or primal chaos, 2 hours free Chinese language training per week. We will pick you up at Beijing. (the free courses according to our education center schedule)
Free courses: 2 hours free course of traditional dance, calligraphy, kongfu, traditional Chinese drawing or primal chaos, 2 hours free Chinese language training per week. (The free courses according to our teaching schedule)
Tel: 86-15822071978 86-22-23394188 86-13672076518
Our website: www.teachintianjin.com
E-mail: yumingjiaoyu88@yahoo.com or yumingjiaoyu88@hotmail.com
NOTE: Our education center only use these two mailboxes receiving and reply E-mail, other mailboxes do not belong to our education center to use. The foreign teachers please pay attention.

visa solution for foreigners
From forum.chinaorbit

Author: Anonymous
Forum: Travel in China
Date: 2010-10-11

monicazengAs to the Tourist L visa, we can help you extend it twice. You should provide the residence certificate, bank certificate, one photo with white background and the original passport. The bank certificate should be more than 21,000Rmb. If you cannot provide it, we can help you provide this.

As to the F business visa, now, we just can send you business invitation letter. As usual, we can send you a 3 month letter; you can stay 30 days in China. However, if you can provide us your previous F visa with multiple entries issued abroad for 6 months, we can send you a business invitation letter for 6 months with multiple entries. Then you can apply for a multiple f visa.

As to the Z visa, we can help you apply for it and extend it. If you have the employer, it is good. If you have not, the price will be higher.

As to the L/F/X visa to Z visa, we can also help you. If you have the employer, you should change it to the Z visa without leaving China mainland.
AS to the X/Z visa to L for one month, you should provide the working/school certificate, bank certificate, residence certificate, photo and original passport.

I hope this information can help you. If you need any help or service, you can feel free to contact me. It doesn’t matter, any time is ok.
Contact: Monica Zeng
QQ: 475414027
Mobile: 15901281624
Email/MSN: monicazeng@hotmail.com

L visa extension for one month
From forum.chinaorbit

Author: Anonymous
Forum: Travel in China
Date: 2010-10-11

As to the Tourist L visa, we can help you extend it twice. You should provide the residence certificate, bank certificate, one photo with white background and the original passport. The bank certificate should be more than 21,000Rmb. If it is not convinient, we can help you do this.
Contact: Monica Zeng
QQ: 475414027
Mobile: 15901281624
Email/MSN: monicazeng@hotmail.com

Esl position in Tianjin,China
From forum.chinaorbit

Author: Anonymous
Forum: Business Events in China
Date: 2010-10-08

High salary, Good reputation, teach near by Beijing, teach in Tianjin, we have strong foreign teachersa team
Our education center is in Tianjin, where is not far from Beijing. Tianjin have a great developed. Tianjin is a beautiful city in China. Many foreign teachers join with Our education center center . And all of foreign teacher enjoy in our education center. Our education center have a strong foreign teacher team. It enjoys a great reputation both with students and our teachers. We pay our teachers on time and even set up a Chinese bank account for them. Our education center pay is higher in tianjin. Pay is distributed monthly by direct deposit and all Visa and pay issues are handled legally and above board. Teach with the education leader, Teach with us! Welcome more teachers come to our education center. Our website: www.teachintianjin.com
Highlights: We recruit native English speakers no exception. Our Teachers enjoy great pay that is always paid on time and deposited electronically to your bank account. We allow our teachers to use their own teaching methods or they may take advantage of ideas from our teacher workshop at the beginning of each semester. No knowledge of the Chinese language is required.
Cost Include Description:
Contract 1 year or 6 months full time teaching: 16 to 30 teaching hours per week, more than 8000~14000RMB/month, provide a health insurance,(our education center pay the money) for teacher 2 hours free course of traditional dance, calligraphy, kongfu, traditional Chinese drawing or primal chaos, 2 hours free Chinese language training per week. We will pick you up at Beijing. (the free courses according to our education center schedule)
Free courses: 2 hours free course of traditional dance, calligraphy, kongfu, traditional Chinese drawing or primal chaos, 2 hours free Chinese language training per week. (The free courses according to our teaching schedule)
Tel: 86-15822071978 86-22-23394188 86-13672076518
Our website: www.teachintianjin.com
E-mail: yumingjiaoyu88@yahoo.com or yumingjiaoyu88@hotmail.com
NOTE: Our education center only use these two mailboxes receiving and reply E-mail, other mailboxes do not belong to our education center to use. The foreign teachers please pay attention.

DREAMER shirt.jpgLast week marked the end of the second annual National Coming out of the Shadows Week, a rite of passage for undocumented youth — Americans in all but the eyes of the law — who support enactment of the DREAM Act. 

Publicly proclaiming one’s unauthorized immigration status is clearly a courageous act. As the National Immigrant Youth Alliance explains in its “Guide to ‘Coming Out’ for Undocumented Youth,” revealing to others that you live in this country without legal status can range from “easy to very hard” depending on the way it’s done. An act in defiance of governmental authority, “coming out” can trigger serious repercussions under the immigration laws, including arrest, detention and deportation.

On the other hand, this form of self-revelation can be cathartic and possibly beneficial.  Counterintuitively, the first step from darkness could also set the stage for actions under current law that may well lead the federal government to grant legal benefits and protections unavailable to other DREAMers who remain in the shadows.  Some of these avenues are described in a useful 73-page online resource, ”The Life after College Guide for Undocumented Students,” published by the nonprofit, Educators for Fair Consideration (E4FC). 

Funded in part by benefactors from Silicon Valley, E4FC suggests, for example, the possibility of seeking employer sponsorship for an H-1B visa (for Specialty Occupation Workers), traveling abroad and applying for a “D3″ waiver under Immigration and Nationality Act (INA) § 212(d)(3).  This is a risky proposition.  It requires throwing oneself on the mercy of both a U.S. consular officer (who must recommend the D3 waiver) and the Department of Homeland Security’s Admissibility Review Office (ARO) — a unit of U.S. Customs and Border Protection — which must approve it.  If the waiver is not granted, a DREAMer who’d entered illegally or been in the U.S. in unlawful presence after age 18 would be subject in most cases to a ten-year bar on reentry to the United States.

The E4FC guide also discusses various legal ways of earning a living in the U.S. notwithstanding undocumented status, such as qualifying as an independent contractor, either as a sole proprietor or an incorporated entity. Although E4FC does not cite legal authority, it exists in some situations under Bhakta v. INS, 667 F.2d 771 (1981); Lauvik v. INS, 910 F.2d 658 (1990); and Konishi v. INS, 661 F.2d 818 (1981), cases holding that management of a business which will likely create jobs for American workers does not constitute unauthorized employment under the immigration laws.  

The guide, quite correctly however, cautions DREAMers: 

It is your responsibility to determine whether you may legally pursue these options based on your immigration status. Be sure to consult with an experienced immigration lawyer first.

The E4FC, also laudably, provides links to a free, online service gain a preliminary assessment of whether legal remedies may exist in a particular individual’s unique situation, offering the admonition:

This service should only be used for a preliminary analysis of your possible immigration remedies. We urge you to consult with a reliable immigration attorney for a comprehensive analysis.  

I echo the same cautionary note as E4FC with a disclaimer here, and a reminder that what I am about to suggest is made available for educational purposes only, not to provide specific legal advice.  For legal advice in each individual’s case, DREAMers should consult a competent immigration lawyer, as urged by U.S.Citizenship and Immigration Services (USCIS) here and as explained by the American Immigration Lawyers Association in this FAQ.

With the foregoing very large caveat, here are some additional tips, possible options and information for further research with and through your immigration lawyer that may be helpful and suitable in a given case (yet may fail miserably in other cases).

  1. Build Your Tribe.  No DREAMer should face the federal government alone.  Besides a competent immigration lawyer, your tribe of supporters and resource providers should include, whenever possible, family, friends, fellow students, community activists, faith-based groups working for social justice, wealthy benefactors, an employer willing to sponsor you for a work visa, social media mavens and sympathetic journalists to tell your story to the public and follow you through the immigration process. Though the government may deny that publicity has any effect on their actions, publicity helps.  Paraphrasing Hillary Clinton (even if she didn’t say it first or quite this way), “it takes a village to raise a [DREAM] child.”
  2. Qualify for family-based, employer-based or self-sponsored immigrant visa classification, and apply for permanent residence (a green card) through adjustment of status by invoking the law’s forgiveness provisions. The immigration laws allow foreign citizens to obtain ”immigrant visa classification” in many different ways.  It can be obtained through certain forms of family or marital sponsorship, or through the employment-based visa categories, including a current or prospective employer’s labor certification, as well as through self-sponsorship options under the “Extraordinary Ability” and “National Interest Waiver” avenues.  It can even be obtained by way of the EB-5 employment-creation investor category (say, if a wealthy benefactor provides a lawful gift, or a venture capitalist provides funds for investment by purchasing a DREAMer’s intellectual property, valued at least a half million dollars). Immigrant visa classification can be converted into a green card through the adjustment of status (AOS) process without ever departing the United States.  As an initial prerequisite, AOS requires that the applicant have been inspected and “admitted or paroled.”  Thus, a DREAMer who entered on a visa but overstayed satisfies this preliminary threshold.  If the DREAMer is an EWI (someone who entered without inspection), s/he would need to ask USCIS to grant Parole In Place to satisfy this first step for AOS eligibility. Ordinarily, however, AOS is not available to someone who violated status or worked without permission.  Fortunately, there are two exceptions (forgiveness clauses) under which USCIS can still grant AOS: (1) If the violation of status was for “technical reasons;” or (2) if it was other than through the fault of the applicant.  See my co-authored article, “Imagining the Improbable: Extraordinary Immigration Solutions for the Hapless and Hopeless.” (“Imagining the Improbable”). With the help of an experienced immigration lawyer, more than a few talented and accomplished DREAMers can conceivably present a well-proven case showing that their violation of immigration status was proximately caused by the person(s) who brought them here, or through “technical reasons,” e.g., their inability as minors under law to have the legal capacity or capability to take steps to seek some form of lawful status or discretionary relief under law.
  3. Seek Lawful Nonimmigrant Status without leaving the United States.  Just as the green card AOS procedure contains forgiveness clauses, so too do the nonimmigrant visa categories.  As explained in Imagining the Improbable, someone who entered on a visa but overstayed or fell out of status, but who did not work without permission and who is not in removal proceedings, may be restored to the same or a different nonimmigrant visa status if “extraordinary circumstances” can be established.  Extraordinary circumstances are decided on a case-by-case basis.  As Imagining the Improbable also explains, it may be possible, in addition, to rely on a principle of law known as “equitable tolling” to extend the deadline for filing an extension or change of status. Even a person who came into the U.S. as an EWI may qualify if USCIS can first be persuaded to grant Parole In Place.  INS (and USCIS still today) have exercised authority to convert parole status into H-1B status on the strength of a March 25, 2000 Headquarters policy memorandum.  Thus, conceptually there is no apparent reason why parole-conversion-to-nonimmigrant-status could not also apply to other nonimmigrant categories once Parole In Place is granted.   
  4. lennonnyclogo.jpgApply to USCIS for employment authorization, while presenting evidence of eligibility for “deferred action” status. Grants of prosecutorial discretion (PD) by U.S. Immigration and Customs Enforcement (ICE) have been abysmally low.  According to a March 9, 2012 email sent to Congress, ICE has found only 1% of detained foreign citizens and 8% of immigrants in Immigration Court proceedings ”provisionally amenable” to a grant of PD.  If a DREAMer is not before the Immigration Court (i.e., has never been served with a Notice to Appear), s/he may nonetheless be eligible for a grant of ”deferred action,” also sometimes known as “deferred departure,” according to Leon Wildes, the lawyer who, in successfully representing ex-Beatle John Lennon, discovered through a Freedom of Information Act request, the existence of a secret procedure then known as the “Non-Priority Program.”   Although the Operations Instructions (OIs) of USCIS’s predecessor, the Immigration and Naturalization Service, have been superseded, “deferred action” status still exists at 8 CFR § 274a.12(c)(14), which provides that a foreign national may apply for employment authorization if s/he ”has been granted deferred action, an act of administrative convenience to the government which gives some cases lower priority, if the alien establishes an economic necessity for employment.”  Here, from the old superseded OIs, is the INS rationale for granting deferred action status and the factors to be considered for this form of relief:

The district director may, in his or her discretion, recommend consideration of deferred action, an act of administrative choice to give some cases lower priority and in no way an entitlement, in appropriate cases. The deferred action category recognizes that the Service has limited enforcement resources and that every attempt should be made administratively to utilize these resources in a manner which will achieve the greatest impact under the immigration laws. In making deferred action determinations, the following factors, among others, should be considered:

(A) the likelihood of ultimately removing the alien, including:

(1) the likelihood that the alien will depart without formal proceedings (e.g., minor child who will accompany deportable parents);

(2) the age or physical condition affecting ability to travel;

(3) the likelihood that another country will accept the alien;

(4) the likelihood that the aliens will be able to qualify for some form of relief which would prevent or indefinitely delay deportation;

(B) the presence of sympathetic factors which, while not legally precluding deportation, could lead to unduly protracted deportation proceedings, and which, because of a desire on the part of the administrative authorities or the courts to reach a favorable result, could result in a distortion of the law with unfavorable implications for future cases;

(C)] the likelihood that because of the sympathetic factors in the case, a large amount of adverse publicity will be generated which will result in a disproportionate amount of Service time being spent in responding to such publicity or justifying actions (emphasis added);

(D) whether or not the individual is a member of a class of deportable aliens whose removal has been given a high enforcement priority (e.g., dangerous criminals, large-scale alien smugglers, narcotic drug traffickers, terrorists, war criminals, habitual immigration violators).

* * *

To be sure, some seasoned immigration lawyers might react to my suggestions with skepticism.  So be it.  My purpose is not to suggest that the immigration benefits available under current law through these strategies are easily won. 

Thoughtful dreamer.jpgRather, this is where your tribe and the tribes of all the DREAMers must spring into action.  Mount a campaign to persuade USCIS to embrace these approaches in individual cases.  Present the most worthy and compelling cases first.  Refrain from filing cases with little hope for success.  Publicize the outcomes of the successes and failures.  Put USCIS (and the Obama Administration as it courts Hispanic-Americans and other hyphenated citizens for votes in November) to the task of explaining why such existing remedies under law are not embraced with gusto and granted with compassionate neutrality. 

The DREAMers, after all, are the innocents.  They landed here without asking for a life full of challenge and hardship. They deserve a chance to be brought into the law’s good graces under remedial provisions that past administrations have created.

If large numbers of self-outed DREAMers were to ask for immigration benefits under current law, the bureaucrats managing and administering the immigration laws would be forced to take the flood of well-publicized filings into account and resolve them.  Just like the plea-bargaining that takes place in every court of the land, where it would crash the system if every defendant exercised the right to a trial, it would shake the unresponsive immigration system into action were the DREAMers — in large numbers – to ask for what the law clearly allows.  

So DREAMers (after consulting with your immigration lawyers and acting only on advice of counsel), stop playing hide and seek.  Instead, come out, come out, wherever you are.   

By Michelle Valerio

The U.S. Department of State has released the April 2012 Visa Bulletin, which summarizes visa availability for individuals seeking U.S. Permanent Residence. As compared to the March 2012 Visa Bulletin, little movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories:

  • EB-2 (professionals with advanced degrees or persons of exceptional ability): There was no progress in the oversubscription date for Indian and Chinese nationals; the priority date remains retrogressed at May 1, 2010. This category is current for nationals of all other countries.
  • EB-3 (skilled workers and professionals): The oversubscription date for nationals of India advanced ten days, from August 22, 2002 to September 1, 2002. A two-month advance occurred for nationals of China, from January 1, 2005 to March 1, 2005. There was an advance of 24 days for nationals of all other countries, to April 8, 2006. 
  • EB-3 (other workers): There were no changes concerning Chinese nationals (April 22, 2003); Indian nationals’ oversubscription date advanced 10 days, to September 1, 2002; and the oversubscription date for all other countries advanced 24 days, to April 8, 2006.

 Photo credit: David Franklin

On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August…

On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin. He also advised that he projects that all EB-1 visas available in FY2012 will be used this year, resulting in no “spilldown” to EB-2.

Congress sets limits on the number of immigrant visas that can be issued each year. In order to adjust status to that of legal permanent resident, an immigrant visa must be available to the applicant both at the time of filing and at the time of adjudication. The Department of State publishes a monthly Visa Bulletin which lists the cut-off dates that govern visa availability. Therefore, the monthly Visa Bulletin determines which applicants are eligible to file for adjustment of status, as well as which applicants are eligible for a grant of permanent resident status. Applicants who have a priority date earlier than the cut-off date published in the most current Visa Bulletin are eligible to apply for permanent residence.

The cut-off dates on the Department of State Visa Bulletin are adjusted monthly and are posted on its website at http://travel.state.gov. This adjustment is determined by the Department of State after consideration of a number of variables such as:

Number of visas used to that point
Projected demand for visas
Number of visas remaining under the annual numerical limit for that country and/or preference category.

We will update our readers with any new developments.


From visalawyerblog.com

On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August…

On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin. He also advised that he projects that all EB-1 visas available in FY2012 will be used this year, resulting in no “spilldown” to EB-2.

Congress sets limits on the number of immigrant visas that can be issued each year. In order to adjust status to that of legal permanent resident, an immigrant visa must be available to the applicant both at the time of filing and at the time of adjudication. The Department of State publishes a monthly Visa Bulletin which lists the cut-off dates that govern visa availability. Therefore, the monthly Visa Bulletin determines which applicants are eligible to file for adjustment of status, as well as which applicants are eligible for a grant of permanent resident status. Applicants who have a priority date earlier than the cut-off date published in the most current Visa Bulletin are eligible to apply for permanent residence.

The cut-off dates on the Department of State Visa Bulletin are adjusted monthly and are posted on its website at http://travel.state.gov. This adjustment is determined by the Department of State after consideration of a number of variables such as:

Number of visas used to that point
Projected demand for visas
Number of visas remaining under the annual numerical limit for that country and/or preference category.

We will update our readers with any new developments.

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