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  • chanduv23
    12-15 10:11 AM
    Denied licenses, legal immigrants sue state Registry
    Say status wrongly contested
    By Yvonne Abraham, Globe Staff | December 15, 2006

    Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.

    According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.

    In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.

    "They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."

    Wunsch said hundreds of other immigrants have similarly been denied licenses.

    A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.

    Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.

    In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.

    All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.

    In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.

    Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.

    But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."

    She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.

    In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.

    Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.

    "The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.

    The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.

    Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.

    "This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."

    One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.

    One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.

    When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.

    The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.

    "Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.

    The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.

    The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.

    Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.

    Earlier this year, I haad problems getting a driver's lisence in CT, the officer would not accept my h1b papers and would say it is fake. I wrote a strong complaint to DMV and they replied back to me that I must go back to DMV and go through the process again and if I have trouble again, I must report to DMV. I went next time and I got it.

    Most times it is improper education that makes people do it. They keep hearing negative thhings about immigrants and they be advised by their bosses to strictly scrutinize immigrants, and they try to experiment their crack down on us. It is very unfortunate that such things are happening.

    There seems to be an agenda to catch illegal immigrants. As Illegals who cross the border are getting busted through raids, those who violate visa regulations or overstay visas, or do not have proper work authorization come under strict scrutiny when they approach govt agencies. Unfortunately, it is us legal immigrants who are bearing the brunt because we also go through the same scrutinity. DMV people are not educated in immigration law ,so is the common public and it is this process that's hurting us a lot.





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  • syzygy
    06-15 07:57 PM
    Bottomline is they do not want to give us Greencard just use us and fool us. I am sure this 485 being current is big melodramatic thing.

    And it is only 1 year of filing I-485 ( can i take comfort that many others have been stuck 2 year, 3 year etc ). ANother reason why visa numbers got wasted is that many fellas got stuck in namecheck ( Ask many of the Indian/Chinese/Russian folks ).

    I don't what crappy way they use to separate good from bad.





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  • nk2006
    11-08 06:57 AM
    Democrat majority in House; and evenly split Senate (2 seats are still at stake which will decide who is in control; democrats seems to have majority in both of them). Wow this is good and hopefully great for us.

    More than winning control, the list of people who lost (or almost lost) in senate/house shows that majority of Americans are not as against on immigration issues as some media people project very often. Of course the main issues of this election are different; but some of the lost candidates made a big issue out of immigration and hoped that would get them elected. Well�they are wrong.

    I was just listening to NPR about a discussion on Bush and how he/his administration would deal with these election reversals. One of the analysts was pointing out that this is in some way good for him and that he can push some of his measures more comfortably, the first one he mentioned is guest worker / CIR. The logic is, since majority of democrats are in favor of that measure and even the new senate will be comfortably in favor; he can push for the guest worker program. In fact this measure might be used to make friends with both houses and to divert some extended attention to war. I liked his analysis and hope that it will come true :) .

    As logiclife pointed above, CIR may be too controversial even with democrat leading house. They have a different set of agenda and might push the immigration issues to the back burner. Lets hope that some less controversial bill like SKIL will be taken up soon.

    One question for the experts: CIR was passed in the old senate but was not reconciled with house. Can this bill be taken up again or is it already considered dead. My understanding is the bill has to be discussed / voted again in both senate and house (assuming majority leader set this on agenda). Is that true? Instead can the house majority leader now decide to reconcile with CIR already passed in senate.





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  • gsc999
    05-24 09:37 PM
    Hope you all are doing well.

    I will join you folks. I was there at San Jose rally, DC rally and advocacy event, will be there this year. Good to see some of the returning folks. Last time California had more than forty members at the DC rally, probably the reflection of the state of economy and urgent need for immigration reform at that time. Time have changed and many people's circumstances have changed but our resolve is unchanged. Last time our advocacy effort impacted the lives of hundred of thousands of people who were able to apply for their EAD. Sweet victory for IV members and hats off to their leadership in this area.

    Now, we work to help gather support for a CIR bill. I am excited about this. Lets do this.

    Cheers!

    g



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  • nrk
    08-11 08:47 AM
    There is no chance of moving forward in October, But I believe there is every possibility of the dates staying as it is and move forward in December Visa bulletin.

    I might be wrong that is my wish.

    Its 26May. I don't think they will move something in Oct right???





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  • meridiani.planum
    06-10 05:23 AM
    Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830

    This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.

    If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.

    If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.

    Ironically the first Indian to get US citizenship also had it revoked:
    http://en.wikipedia.org/wiki/A.K._Mozumdar

    In 1913 Mozumdar became the first Indian-born person to earn U.S. citizenship, having convinced the Spokane district judge that he was in fact Caucasian and thereby met the requirements of naturalization law then restricting citizenship to "free white persons." Ten years later, as a result of the U.S. Supreme Court decision in United States v. Bhagat Singh Thind, stipulating that no person of East Indian origin could become a naturalized American, Mozumdar’s citizenship was revoked.



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  • BharatPremi
    11-08 10:46 AM
    Even if a Mod or an Admin wants to wish its members on festive season, there is nothing wrong about it. Even the American President wishes people on ocassions and festivals.

    I'm with you.





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  • admin
    05-12 02:16 PM
    ufo2002,

    None of the bills for CIR state that the illegals will be able to file for GC right away. They will have to wait for atleast 8 years from the date the bill is passed, as per the latest Hagel Martinez version.



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  • eb3_nepa
    06-28 02:12 PM
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old


    UTTER NONSENSE

    You become eligible to file for the EAD/AP THE day you become eligible for AND actually file for I-485.

    HOWEVER your 180 day calendar Begins ONLY WHEN Your I-140 has been approved AND your I-485 application has been pending for 180 days. That after 180 such days can you change ur job and ur application for Permanent Residency is NO longer dependant on the employer through whom you filed your GC.

    Guys PLEASE do not give advice authoritatively unless you know what you are talking about.





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  • yagw
    09-20 01:42 PM
    LOA...means I am still employed without benefits ...at my old company.
    what you said makes sense..this is how I am looking at it

    -join new company
    -donot send in ac 21 paperwork
    -if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
    -the reason i want to do LOA is that this way i will be sure they will not revoke i -140
    -what do the gurus feel ?


    BTW--gave u green --thanks for the reply

    If LOA can stop the old employer from revoking I-140, I would say, go for it. But just make sure you don't land into any other trouble (like non-competent etc. just an example, may not be relevant in your case, but you get the idea...).
    Also, discuss with the new employer and make sure they are ok with supporting you in case of an RFE. From your response, looks like they might know what it is. What I can think of is, consult an attorney and discuss what kinda RFEs you can get that needs employer help (mostly EVL, ability to pay), prepare a sample response letter for both and check with the new employer they are ok with providing them if necessary.

    DISCLAIMER: I am not an Attorney and this is not a legal advice



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  • aadimanav
    08-27 04:01 PM
    A small BUMP for BIG expectation. :)





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  • langagadu
    01-14 08:15 AM
    That is funny.

    Guys who are not from India, 'albert pinto ko gussa kyun aata hain?' is a Indian movie from 80's.

    ko gussa kyun aata hain?



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  • WeShallOvercome
    07-06 02:36 PM
    They would just increase the fees , and we will paying them that money back.
    State never looses...


    Even in that case, all the benefits they were hoping to get from increased fees will be lost - and much more than that.

    Average fee hike is $500 but average reimbursement of expenses would be atleast $1000





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  • unitednations
    08-16 09:16 PM
    I do, but I don't get all the answers.



    Didn't think about that. but... why would officer ask "do you work for the sponsoring employer"? Isn't your GC same as family based, asylum, etc. green cards? Does officer even have that information right away? What do they ask usually?




    I don't see the difference between being laid off and leaving yourself. In case of being laid off, your employer has to show intent of employing you forever. If any document will surface, that he had plans to lay you off before applying for I-140 or without you invoking AC21 at moment of AOS, then you are in the same trouble.



    These issues are raised not to start freaking out, but just to know them and not to do some silly things.

    In general... take this philosophically - it never ends. If not immigration, then something else will always be. Just know the law, keep your paperwork in order, don't talk to government employees without a lawyer, flex your mind, and do your thing.

    There is a category code on the greencard. Each category code tells POE officer how one got the greencard.



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  • maximus777
    07-02 12:09 AM
    These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

    Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.

    Very well put - could not agree with you more.





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  • chicago60607
    09-23 12:13 PM
    I called last week and just finished one round of calls, all of you should do it ............



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  • funny
    10-01 10:58 PM
    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

    Thoughts?

    What about when u start the company on your spouse name and you work through it...I guess that would also be considered as self employment





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  • Sree Swathi
    04-21 02:01 PM
    Why not parents have a different category... not B2. maybe P1/P2

    B2 is tourist visa. Parents are not tourist.

    We are here because of our good parents. Forgetting them is most disrespect we do in life.
    If we don't care our parents, when we become older(parents) how will our kids will care us?.

    Research are proving...if we live together as family like in olden days...many health issues will disappear...everybody will be happy, no stress.

    We need to go back to older family system. Now we are proving...green is better. food is medicine. So why not staying together with parents is not good?. This lead us to have a strong long lasting life.





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  • srinithati
    11-03 05:50 PM
    try using Traveler checks(TC).

    One can go to any major bank and purchase TC, Upto 5000 US $ is allowed legally.

    but they may make entry in the borrower Indian Passport.





    BharatPremi
    05-29 08:00 PM
    .....Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?....

    No they are not Indians. All those 7 kids are Americans.





    seahawks
    09-22 02:23 AM
    sounds funny and will make news, but I am not sure it helps in our campaign to get the system fixed.



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