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Degrees of Freedom
Defeat of DREAM Act Takes Hopes of Many
Sunday, November 18, 2007

Many have expressed disappointment over the defeat of the Dream (Development, Relief and Education for Alien Minors) Act on October 25 by a vote of 52 to 44 -- 6 votes short to proceed to debate on the Senate floor. This bill would have allowed minors without legal immigrant status a chance at legal residency if they serve in the military for two years or graduate from school. There were many reasonable requirements in the bill: proof the applicant arrived in the United States prior to the age of 16, residency for at least 5 years, age between 12 and 30 at the time the bill is enacted, graduation from high school (or received a GED), and have no criminal record. Just how many DREAMS were extinquished by this vote? Estimates range from a low of 60,000 to "millions" by anti-immigration sites such as the Center for Immigration Studies.

Conservative Republicans opposed this measure for the same reason they voted against comprehensive immigration reform in June - they consider it a "backdoor amnesty". They point out that if an illegal alien can produce papers (potentially fraudulent ones) showing a secondary school diploma or a GED, they would immediately receive a conditional green card. This, some Republicans maintain, gives illegals a faster path to citizenship than lawfully present aliens. They also point out that by making applicants eligible for in-state tuition, this would effectively discriminate against U.S. citizens.

These concerns are further magnified by conservative anti-immigrant TV commentators such as Michelle Malkin, Sean Hannity, and Lou Dobbs who fan the voices of bigotry, ignorance, and hate in exchange for higher ratings. Their arguments typically degenerate into simplistic sterotypes that wrongly claim that illegal aliens take away jobs from Americans, are terrorists, or are criminals. Our democratic process depends on a more informed public.

Unfortunately the voices of LEGAL immigration, which we are one, have not done an effective job at communicating the basic facts: Students with access to higher education would enjoy higher earnings, use fewer federal benefits, and increase the tax base -- thus benefiting all. The fraud issues could be effectively policed just as they are today with systems already in place for high school and college graduates. And by dropping or modifying the in-state tuition benefit, the discrimination argument could be rendered moot. Although fairness is not always a consideration in our nations laws, is it fair to punish innocent children brought in to this country by the unlawful acts of their parents? Is it fair for the children of illegals who serve in the military to protect our freedoms, only to be denied a path to citizenship?

This vote shows just how difficult immigration reform may be in the coming months. It is likely that for similar legislation to pass in a future vote, it must be accompanied by a corresponding enforcement provision against illegal immigration. If so, what would that measure be?

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posted by J. Stephen Wilson

 

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Table of Contents

  Table of Contents v
  About the Authors ix
  Acknowledgementsxi
  
PREFACE1
  Audience1
  Figure the Odds...2
  Signatures Not Required2
  Using This Booklet3
  Keeping Current3
  Disclaimer4
  Privacy Policy4
  
CHAPTER 1 INTRODUCTION5
 Applying - A Quick Summary6
  Step 1 Determine If You (Or Your Spouse) Are Eligible6
  Step 2 Fill Out the Electronic Diversity Visa Entry (EDV) Form6
  Step 3 If You Win-Apply To Adjust Status, Or Apply for an Immigrant Visa7
  Step 4 Prepare for Your Interview8
  Step 5 If Immigrant Visa Approved, Enter the U.S. Within Six Months8
  
 What Is a Green Card?8
  
 What is the Green Card (Diversity Visa) Lottery?10
  How It Began10
  Today's Lottery System11
  What The "DV-" Name Means11
  When Can I Apply?12
  How Many Diversity Visa Winners Are There Each Year?11
  Will My Spouse And Children Also Get Green Cards?12
  Important Dates and Deadlines for DV-2008 14
  Important Dates and Deadlines for DV-2009 15
  Important Dates and Deadlines for DV-2010 16
  
 Pros and Cons of Becoming a Permanent Resident 17
  Benefits17
  Limitations17
  Travel Restrictions18
  You Must Renew Your Green Card in 10 Years18
  Benefits of Citizenship Versus a Green Card18
  
 Where to Get the Latest Information19
  State Department Diversity Visa Lottery Hotline19
  http://www.mygreencard.com19
  State Department Web Site19
  State Department "Visa Bulletin"20
  Changes Resulting From Sept 11, 200120
  Changes to the Immigration and Naturalization Service (INS)21
  U.S. Citizenship & Immigration Services (CIS) 21
  The Bureau of Immigration and Customs Enforcement (ICE)23
  Customs and Border Protection (CBP)24
  
CHAPTER 2 REGISTRATION INSTRUCTIONS25
 Fill Out the Electronic Diversity Visa Entry Form25
  If You Use a Lottery Service25
  1. Full Name26
  2. Date of Birth26
  3. Gender27
  4. City/Town of Birth27
  5. Country Of Birth27
  6. Applicant Photograph28
  7. Mailing Address30
  8. Phone Number (Optional) 31
  9. E-mail Address (Optional) 31
  10. Country of Eligibility if Applicant's Native Country is Different From  
  Country of Birth 31
  11. Marriage Status 32
  12. Number of Unmarried Children Under 21 Years of Age 33
  13. Part Two-Spouse Information33
  14. Children Information35
  When You Are Finished35
  
 When to Apply36
  Only Apply During the Registration Period36
  
 Submitting Multiple Applications37
  If You Are Selected37
  
 Why Visa Lottery Registrants Are Disqualified38
  Problems with Your Photograph38
  Not a Native of a Visa Eligible Country39
  Sending in Multiple Applications39
  Insufficient Biographical Information For Spouse and Children39
  
 Using a Lottery Service or Agent39
  When to Use a Visa Lottery Service40
  Disadvantages41
  Guidelines for Lottery Entrants 42
  
 Green Card Lottery Service Website Reviews44
  Lottery Service Classifications45
  The Winners!46
  Our Review Criteria48
  Fees (Maximum 2 Points)49
  Information Content (Maximum 2 Points)49
  Service (Maximum 6 Points)50
  Penalty Points51
  Red Flag Sites  
  Green Card Lottery Web Site Ratings51
  Report53
  Disclaimer53
  
CHAPTER 3 RESIDENTIAL REQUIREMENTS55
 Geographic Regions55
  
 Eligible Countries for Calendar Year 2007 (DV-2009) 56
  REGION 1 (Africa)56
  REGION 2 (Asia)56
  REGION 3 (Europe)57
  REGION 4 (North America)57
  REGION 5 (Oceania)57
  REGION 6 (South America)58
  
 Ineligible Countries for Calendar Year 2007 (DV-2009) 58
  
 "Low Admission" and "High Admission" Countries59
  About Low and High Admission59
  Low Admission Example 59
  Low Admission Countries for DV-2009 60
  
CHAPTER 4 PERSONAL REQUIREMENTS62
 General61
  You Must Be Born In Or "Chargeable" To a Visa Eligible Country62
  AND You Must Have a Secondary Education62
  OR You Must Have Two Years Recent Work Experience in a Specific Occupation63
  If You Do Not Have the Required Education63
  
 Rules for Immediate Family Members64
  Dependents64
  Married Applicants65
  Unmarried Applicants65
  Unmarried Minor Child65
  Elderly Parent65
  Death of the Principal Applicant66
  
 Rules of "Chargeability"66
  If Your Husband or Wife is Born in a Visa Eligible Country67
  Chargeability Example #167
  If a Parent Is Born In A Visa Eligible Country67
  Chargeability Example #267
  Chargeability Example #368
  
 If You Are In the US Illegally69
  If You Are Out Of Status For More Than 180 Days But Less Than One Year 70
  If You Are Out Of Status For More Than One Year70
  Should You Contact Your U.S. Congressman?71
  
CHAPTER 5 LOTTERY WINNERS ONLY73
 Winning Doesn't Mean You'll Get a Green Card73
  Apply for Your Green Card Now!73
  Use an Immigration Attorney74
  Important Dates74
  If You Have Not Been Notified Then You Did Not Win!75
  If You Win and You Live Outside the U.S.76
  If You Win and You Live Inside the U.S.76
  
 Apply for an Immigrant Visa at a U.S. Embassy or Consulate77
  Packet 377
  Your Case Number78
  Forms78
  Do Not Send Original Documents78
  Packet 479
  Fees79
  
 Required Documents80
  Proof of Education80
  Birth Certificates80
  Marriage Certificate81
  Vaccination Certificates81
  Passport81
  Photographs82
  Past Addresses82
  Police Clearance Certificates82
  Contacting Foreign Consulates in the U.S.83
  Countries That Do Not Supply Police Certificates83
  Police Clearance Certificate Example84
  Arrest Records84
  Military Service Records84
  Evidence of Financial Support and Form I-13484
  If You Cannot Obtain All the Required Documents85
  Document Translations86
  
 Your Interview with the U.S. Consulate86
  Prepare for Your Interview86
  Medical Examination87
  What to Expect88
  Approval88
  Include "Care of" on Your Return Address88
  
 Consular Denials89
  Poor Preparation89
  Missing "Care of" Designation89
  New Regulations89
  Poor Quality Photographs89
  Letter of Denial90
  Try to Get an Explanation from the Consulate90
  Apply for a Waiver of Inadmissibility with Form I-60190
  If Your Waiver is Denied91
  
 Adjusting Status91
  Packet 392
  Your Case Number92
  Eligibility92
  If You Have Remained Longer Than Your Authorized Period of Stay93
  You Can File with CIS or at the U.S Consulate in Your Home Country93
  If You Have an Address Change 93
  Pros and Cons of Consular Versus BCIS Filing94
  Required Documents94
  Mail Documents or Submit Them In Person95
  Form I-485 and Form I-9495
  Fees95
  
 How to Handle Your BCIS Interview96
  Prepare for Your Interview96
  Approval97
  CIS Denials97
  Applying for a Waiver of Inadmissibility with Form I-60197
  Filing A Motion To Reopen97
  
 Top Reasons For "Inadmissibility"98
  Criminal Behavior98
  Ill Health99
  Other Reasons99
  
CHAPTER 6 OTHER WAYS TO GET A GREEN CARD101
  Major Visa Categories102
  Non-Immigrant Visas102
  Immigrant Visas102
  Limited versus Unlimited Visas103
  
  Family-Based Green Cards103
  Family First Preference (F-1)103
  Family Second Preference (F-2)103
  Family Third Preference (F-3)104
  Family Fourth Preference (F-4)104
  
  Other Important Information104
  Medical Examinations104
  Visa Fees105
  Numerical Limitations105
  Miscellaneous105
  How to Apply for a Social Security Number Card106
  Questions?106
  
  Employment-Based Green Cards106
  Employment First Preference (E-1)106
  Employment Second Preference (E-2)107
  Employment Third Preference (E-3)108
  Employment Fourth Preference (E-4108
  Employment Fifth Preference (E-5)109
  
  Labor Certification109
  Individual Labor Certification (PERM) 109
  Schedule A Designation110
  Labor Market Information Pilot Program110
  Petition110
  Visa Ineligibility/Waiver110
  
APPENDIX A GREEN CARD LOTTERY REGISTRATION FORM111
APPENDIX B SAMPLE WINNING LETTER115
APPENDIX C OCCUPATIONS REQUIRING 2 YRS TRAINING OR EXPERIENCE117
APPENDIX D LOTTERY VISAS ALLOCATED BY COUNTRY FOR DV-2008129
APPENDIX E GUIDELINES FOR PRODUCING HIGH QUALITY PHOTOGRAPHS137
GLOSSARY153
INDEX161
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