New member.. How do you all feel about LEGAL immigrants..

[gtrman]

Been following the posts for months now.. and while I understand all of the frustration and anger, I wonder how most of you feel about families (like us) who are doing it "the right way" We are trying to move here from Canada going through all the correct channels, paying all the bills and jumping through each hoop as it comes our way.

We planned correctly, we spoke to U.S. Immigration officials and hired all the right lawyers to make sure we followed the laws and procedures to the letter.

I have no problem at all with the process. I think every person should be checked out thoroughly and that takes time...

Here is where the frustration is:
1. We were told MANY times before we made the decision to emmigrate to the States, that the GC process would take 3-5 years. But that once Labour Certificates were issued, the spouse could work. And that "should only take a couple of years" We understood the process and followed suit.

We all know that currently, even if we get our LC tomorrow, we are looking at another 3-5 years before we can even APPLY for an EAD.

My question (finally i'm sure you are all saying):

Why is it that a spousal EAD can't be issued at the time of LC certification on the primary applicant.

In the area I live, there are jobs Everywhere, and the illegal immigration problem is rampant. Yet I am forced to sit at home with two degrees, 14 years of experience, paying the lawyers bills and wait till a magic letter comes in the mail in about 5 years.

Rant completed.. sorry..needed to vent.

My argument is this. Someone who has "played by the rules" up to the point of having the applicants LC approved, should be able to have the spouse work. I agree that GC should take "as long as it takes" to verify that the application and spouse are worthy of becomming residents. But as a family who pays property taxes, social security and contributes to the country, all I want to do is help provide for my family.

Just a thought that seems to get lost in all the other problems with immigration.....

[gtrman]

Been following the posts for months now.. and while I understand all of the frustration and anger, I wonder how most of you feel about families (like us) who are doing it "the right way" We are trying to move here from Canada going through all the correct channels, paying all the bills and jumping through each hoop as it comes our way.

We planned correctly, we spoke to U.S. Immigration officials and hired all the right lawyers to make sure we followed the laws and procedures to the letter.

I have no problem at all with the process. I think every person should be checked out thoroughly and that takes time...

Here is where the frustration is:
1. We were told MANY times before we made the decision to emmigrate to the States, that the GC process would take 3-5 years. But that once Labour Certificates were issued, the spouse could work. And that "should only take a couple of years" We understood the process and followed suit.

We all know that currently, even if we get our LC tomorrow, we are looking at another 3-5 years before we can even APPLY for an EAD.

My question (finally i'm sure you are all saying):

Why is it that a spousal EAD can't be issued at the time of LC certification on the primary applicant.

In the area I live, there are jobs Everywhere, and the illegal immigration problem is rampant. Yet I am forced to sit at home with two degrees, 14 years of experience, paying the lawyers bills and wait till a magic letter comes in the mail in about 5 years.

Rant completed.. sorry..needed to vent.

My argument is this. Someone who has "played by the rules" up to the point of having the applicants LC approved, should be able to have the spouse work. I agree that GC should take "as long as it takes" to verify that the application and spouse are worthy of becomming residents. But as a family who pays property taxes, social security and contributes to the country, all I want to do is help provide for my family.

Just a thought that seems to get lost in all the other problems with immigration.....

[marmaduk]

I'll be the first person to admit US immigration is a mess, due to conflicting rules and regulations, lack of enforcement, thousands of employer who's more than willing to hire anyone cheapest to fatten their wallet, and the endless millions of illegals who'll do everything it takes (ranging from border crossing to murder) to get into the US for the almighty dollar.
Having said that, there're attempt to fix these immigration. The govt can't afford to no longer turn a blind eye on this problem, else they'll share California's fate.

Now, specific to your case, we need a little bit more info on the problem. Is your spouse already working right now under sometype of work visa, while waiting for the LC? Also with the new PERM law, LC shouldn't take years anymore. They're working on 90days approval time (wishful thinking some might say).

Once LC is approved, then the spouse can file for the I-140/I-485 (depend if affected by retrogession or not) and EAD can be issued for the spouse.

Reason why EAD can't be issue after LC is because you're crossing the boundary between 2 department. USCIS are the responsible party for it, not the Labor Dept.

Also, the State/Labor/USCIS are adamant to protect the domestic workforce (any other country will do the same). The work visa/LC/H1/etc permit are only for one person, so it makes sense if the spouse can't work and take job away without going the same screening methodoloy. Such are the rule, and unfortunately we don't live in a perfect environment and in reality the jobs are probably lost to illegals anyway, a bitter pills that one must take.

Yours is just another classic example on how legal immigrant continuously getting squeezed by the system, while the illegals can pretty much do whatever they want, sometime with utter lack of respect to the law. Unfortunately, with the way things are right now, they face little repercussions for their act, while on the sametime, mocking those who're doing it the legal way. Things are slowly changing though.

For now, if possible, have your spouse submit the LC under PERM to speed up the process, and then file I-140/I-485/I-765 (EAD) concurrently.

[gtrman]

thanks for the reply.. Sometimes having someone understand, helps. haha..

In our case we are now going into year 2 of waiting for our LC to be approved. Our issue is not the LC itself, rather, the fact that retrogression will not allow us to file for the I 485 for what looks like another 5-6 years. (EB3 category).
I totally agree, we can't have jobs taken away from citizens from immigrants such as myself. But there should be some concern to spouses given who are ALREADY doing the process towards GC. When I hear of giving Illegal workers temporary work visas (in the news today), I just get so angry. I'm tempted to go back to canada, cross illegally and then find a job legally!! (that was sarcasm...but not much !) haha.

We thought of spending more cash and reapplying with PERM, but with retrogression killing any hope of spouse (me) getting the EAD.

Of course I am one off hundreds of thousands, and many are much worse off than I, so I am speaking with a certain restraint.

I just wish that once LC was approved, spouses could work (under conditions that no American is displaced) until a decision is made on the case...

Not too much to ask ...but I am but a simple speck on the wall of immigration..

In a word, should we not take care of the LEGAL immigrants before we allow perks to the ILLEGAL immigrants..

Of course, no answers are needed.. just floating my frustration in the air...

Have a greet weekend Marmaduk