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  • senthil1
    08-02 11:29 PM
    AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
    These 2 rules are contraditory in nature.
    Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.

    Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.

    If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases




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  • waitnwatch
    05-24 10:38 PM
    I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.

    -R

    you're right! I got a bit carried away given that the discussion in the thread was kind of intense at that moment. your point is taken.




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  • srkamath
    07-13 03:19 PM
    It is funny how EB2s are crying like little babies. Just a hint of EB3 getting more visas is making you guys sweat. You people have all the luck, nothing is going to happen so RELAX.

    Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.

    EB3s - mail out the letter PLEASE!!!!!

    Go ahead do it..... send a badly written letter.
    The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.

    The letter will fare better if it is at least readable.

    I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
    Your posts like ".....crying like little babies...." will not help......




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  • mbartosik
    04-09 01:18 PM
    jung.lee

    I'll conspire with you and hijack the thread :D for a little while at least
    The solar system on my house: http://tinyurl.com/2jzbfq

    The tiles are by Open Energy Corp (www.openenergycorp.com)
    You will find my house on their web site.

    Price in round figures $10 per watt installed, it is a complex calc and depends on installer and what is included. There are a lot of rebates available and various tax credits (fed tax credit is only $2K). My rebate was $3.75 per watt, plus state tax credits.

    Capacity 9KW.

    I did a lot of work myself (mostly design - and it is a unique in US design) and worked with a professional installer (first install like this he had done). I also did a lot of the physical work on the roof too.

    KWh (per year) depends on location, angle and direction of roof.

    In Long Island multiply by about 800 for a steep west facing roof like mine so KWh = 9000*800. For more south facing and lower pitch multiply by 1100. In southern California I don't know what the multiplication factor would be, but you sure get a lot more sunshine, my guess would be more like x1800 for south facing. There are calculators where you can plumb in long/lat angle/direction and size.

    Roof area about 1000 sq ft including the concrete. So about 900 sq ft of solar tiles.

    Snow does not stick because the glass surface is too smooth, the tiles at the edge where the snow sticks are concrete.

    Geothermal heat pumps, they work like an air conditioning unit but exchange heat with the ground (via pipes) rather than the air. This is much more efficient because ground temp is about constant 55F (in NY). They can run forward or reverse (heat or cool) too. They can be used with forced air or radiant floor heating (not baseboard).

    If you are seriously interested in installing something like this my email is mark at immigrationvoice .org

    On the immigration side: So I've gone out on a limb, and bought a house and installed a load of upgrades, but still waiting for I485 to be processed. I consider this to be a hugely patriotic thing to do -- (could the Iraq war have anything to do with energy supply), yet still no GC. I would love to ask Mr. Dobbs, what he has done to reduce his demand for foreign energy imports!! He probably uses 4000 gallons of oil a year for heating :-)



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  • file485
    07-08 11:02 AM
    unitednations..!!

    r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..




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  • file485
    07-09 12:07 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!



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  • Ramba
    09-28 01:50 PM
    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.

    Right. CIR (amnesty bill) is a gimmick to win vote bank. Mcain drafted in 2007 in view of winning hispanic bank in his prez bid. Recently he flip floped to concervatives that enforcement is first. Though BO has reservation about EB/H1B/oursourcing, he is right and has right judgement. If unemployment reaches historically high, how one can expect they will increase the foreign workers? They are elected by USC not by H1Bs or GCs os AOS guys. If economy bounces back, if more jobs are created, if market needs more workforce then they (Mcain or BO) will increase H1/EB etc. Otherwise, they (either BO or Mcain) wont touch the immigration that increses foreign worker.




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  • file485
    07-08 11:02 AM
    unitednations..!!

    r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..



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  • sabudanawada
    04-15 02:49 PM
    Some common thinking patterns that immerge out of these conversations. Please understands that these are all "amoral" paradigms, nothing else, you can pick and choose any of these set of values and lead your life on it, the choice is upto you. Nobody is right and nobody is wrong, except in their own imagination.

    1. Money cant buy happiness
    2. Bigger home doesnt mean better life for kids.
    3. Life in US is better than life in India
    4. Life in India is better than life in US.
    5. Our parents had more time for us than we do for our children
    6. It is better to be content and happy than to be materialistic and unhappy.
    7. Stability is more important than commiting a big chunk of your money.
    8. Good neighborhoods is whats more important.
    9. Renting is good for immigrants till they get their green cards.
    10.Buying house in this market is stupid.
    11. Buying house in this market is smart.
    12. I already bought the house and loving it
    13. Wait till they kick you out of the country, then tell me that you love your house. you know they sometimes make some stupid mistakes with your application and there is no telling whether you could be their victim even if you have cleanest case for GC.


    i can go on, but come on guys, dont you get it? Who wins with these arguments. NOBODY. Do what you think is right for you and your family. as simple as that...

    Cheers! :cool:




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  • abracadabra102
    07-14 08:47 PM
    Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)

    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"



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  • unitednations
    07-19 02:29 PM
    UN,
    Sorry for sending the PM.

    This link was provided in another thread regarding H1B status. Not entirely sure what it means.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.




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  • nogc_noproblem
    08-26 07:19 PM
    Two rednecks were looking at a Sears catalog and admiring the models.

    One says to the other, 'Have you seen the beautiful girls in this catalog?'

    The second one replies, 'Yes, they are very beautiful. And look at the price!'

    The first one says, with wide eyes, 'Wow, they aren't very expensive. At this price, I'm buying one.'

    The second one smiles and pats him on the back. 'Good idea! Order one and if she's as beautiful as she is in the catalog, I will get one too.'

    Three weeks later, the youngest redneck asks his friend, 'Did you ever receive the girl you ordered from the Sears catalog?'

    The second redneck replies, 'No, but it shouldn't be long now. I got her clothes yesterday!'



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  • brshankar
    08-06 10:24 AM
    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?




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  • nk2006
    09-30 02:59 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.



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  • ss1026
    12-20 03:32 PM
    I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

    I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

    Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.




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  • thuristic
    04-18 05:44 PM
    Lou Dobbs at CNN is doing a quick vote to justify his oppinions against amnesty. So far, the majority of the vote is "against" rather than "for". I myself am not a big fan of the proposal becauses it deminishes efforts put in by legal immigrats like ourselves but regardless consider it necessary for us to support as it currently is the only bill alive including retrogression relief along with amnesty.

    Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!

    Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?


    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/



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  • GC08
    02-02 10:14 PM
    Whether that stupid guy knows or not is not important. The most important thing is the American people. I guarantee that most Americans do not know how H1Bs contribute to the American society. If they are misinformed, the government and Congress can only further mistreat people like you and me. The real danger of those lies about H1Bs is that it will stir up a sentiment of anti legal immigrants

    Remember, the sentiment of the American society plays a vital role in American policies as all the politicians want votes!

    By the way, pro-immigration does not necessarily mean pro-legal immigration. Sometimes, the so called pro-immigration policies can only jeopardize those who are here legally, mainly those employment-based immigrant, most of whom take the F1-H1-GC route ... just like you and me. So be careful when we support any bills. We need to understand what exactly our legal immigrants get from the bill before we support it. :)




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  • Macaca
    12-28 07:51 PM
    Examining the Maoist Resurgence in Andhra (http://idsa.in/idsacomments/ExaminingtheMaoistResurgenceinAndhra_umukherjee_28 1210) By Uddipan Mukherjee | Institute for Defence Studies and Analyses

    If two recent events are compared, then they would ostensibly appear to be disconnected. Nevertheless, they ought to evoke considerable interest because of the actual linkage between them. The first is Swaranjit Sen, former Director General of Police (DGP) of Andhra Pradesh, is to be anointed as the vice-chancellor of the troubled Osmania University, which of late has been a hotbed of Telangana agitation. His appointment would be a historic occasion since for the first time an Indian Police Service (IPS) officer will be a vice-chancellor in the state.1 Second, the Maoists called for a bandh in the Andhra-Orissa border area on December 22. Their agenda was to protest against the killing of five of their comrades in an encounter by the elite Andhra Greyhounds personnel at Cheruvuru near Korukonda in Chintapalli mandal.2 These two events represent different facets of the Maoist movement in Andhra. And the connection is manifested when it is remembered that Sen is known in the state for his ‘hard line’ image against the Maoists.

    On one hand, Sen’s appointment shows that the police force in Andhra commands significant confidence among the political leadership. That is why an IPS officer has been entrusted with task of sorting out a trouble-torn university. For instance, media reports say that the Andhra government has, in principle, approved a suggestion by Governor Narasimhan to nominate senior Indian Administrative Service (IAS) or IPS officers to head the three strife-torn universities of Osmania, Kakatiya and Andhra.3

    On the other hand, these events also portray the fact that the Maoists are trying their best to reclaim lost territories. Hence, a more severe skirmish is in the offing in Andhra Pradesh. In fact, the Maoists have a grandiose plan to create ‘liberated zones’ in the state.4 Moreover, it is not at all unlikely that the left-wing ultras are not aiding and abetting the Telangana movement and would continue to do so in future through their frontal student and other mass organisations.

    To corroborate, quite recently, the Telangana Praja Front (TFP) was floated by Maoist sympathiser and balladeer Gaddar. Reportedly, he has demanded that the central government honour its commitment by immediately tabling a bill in parliament for the formation of Telangana.5 Gaddar’s actions, though in the garb of democracy, needs to be conceived as a covert move of the insurgents. Moreover, when some Telangana groups have already warned of a 'bloodbath' if the Sri Krishna Commission makes no recommendation for the formation of Telangana state by December 31 2010, the inherent liaison between these militant pro-Telangana groups and the Maoists simply cannot be rejected outright.

    Against this backdrop, Gaddar’s TFP, acting as an open party to subvert the democratic processes of the state, is basically what the outlawed outfit wants or rather badly needs. It is a natural tactical belief of the Maoists that overt military acts in the Andhra-Orissa border region can be effectively compounded with mass agitations around Hyderabad to weaken the existing political structures of Andhra Pradesh. Moreover, when the issue is as emotive as Telangana, the rebels do have a solid ground from which to launch their tactics.

    There is another reason to believe that the ongoing agitation for a separate Telangana state may have a Maoist ‘hand’. There are allegations of extortion against Telangana activists which seem to follow the ‘extortion regime’ of the Naxalite movement in Andhra.6 Pro-Telangana activists believe that taking donations to propel the movement forward is a reasonable step. However, Lok Satta Party president Jayaprakash Narayan asserted in the state assembly that there is heavy extortion involved in the Telangana movement. Furthermore, there have been allegations that local leaders were collecting huge amounts to the tune of Rs. 10,000 to 20,000 from businessmen, government employees, contractors and others to conduct even cultural programmes.7 This is quite interesting considering the fact that this is a standard modus-operandi of the Maoists to garner finances.

    Operating from their headquarters at Abujhmar in Chattisgarh, the Maoists are essaying into other states. Most importantly, along with the historically rebel-dominated district of Srikakulam, the districts of Vizianagram, Vishakhapatnam, East Godavari and Khammam are the disturbed areas of Andhra Pradesh. Khammam shares a long border with Chhattisgarh whereas the other districts are contiguous with Orissa.

    The Maoists are now celebrating the 10th anniversary of the founding of the People’s Liberation Guerrilla Army (PLGA) and hence have taken up a month-long recruitment drive in the states of Andhra Pradesh, Orissa, Madhya Pradesh, Maharashtra, Chattishgarh, Jharkhand, Bihar and West Bengal. Their party spokesperson Gudsa Usendi and Dandakaranya special zone military commission in-charge Sudhakar said that the 10th anniversary of the PLGA, which began on December 2, will continue till January 2, 2011. They proclaimed that during the period, revolutionary propaganda, processions, meetings and rallies would be conducted in every village.8

    The Maoists had been physically driven out from Andhra from a law and order point of view almost five to six years back. But in June 2008 at Balimela reservoir in Malkangiri district of Andhra-Orissa boarder, the elite greyhounds suffered casualties at the hands of the Maoists.9 That could be interpreted as the ‘come back’ event for the latter in Andhra. And the present surge in militancy is in sync with that. Additionally, since the Maoists are losing ground in other states, they need to regain their lost forte in their old backyard so as to have an edge in the psychological war with the Indian state.

    In addition, it is quite disturbing for the Maoists not to have a mass base in Andhra since most of their top leadership hail from the very region. Hence, they are trying to cash in on major issues to extract maximum dissatisfaction of the masses towards the political system. Telangana is one such. Along with it, it seems natural that the Maoists may focus on the issue of suicide of farmers too in the foreseeable future through their frontal organisations.

    In this regard, the porous border with Orissa is a major cause of concern for the Andhra authorities. The ultras have bases in the Malkangiri, Koraput and Rayagada districts of Orissa that adjoin the Andhra border. There are no border check posts except on the highway and main roads. Furthermore, on both sides of the border the same Kondh tribals live who provide the mass base for the ultras.

    The Andhra government might have won the first phase of the civil war with the Maoists. But the renewed violence in the area portends ominous signals for the future. A far more dangerous future situation was reflected by an opinion poll published by the Times of India on September 28 201010. According to it, a clear 58 per cent of the populace (who were polled) in the Maoist-dominant areas of Andhra Pradesh, Chhattisgarh, Madhya Pradesh, Maharashtra and Orissa said that Naxalism had actually been good for their area. In Andhra, Khammam was one of the districts where the poll was conducted. Four districts of the Telangana region – Adilabad, Nizamabad, Karimnagar, Warangal – were also chosen.

    Probably the vital aspect of ‘winning the hearts and minds’ of the people in counterinsurgency is yet to be accomplished by the Andhra authorities. And the continued failure to do so would have serious ramifications in the long run.

    “Swaranjit may be first IPS to be Osmania VC (http://www.deccanchronicle.com/hyderabad/swaranjit-may-be-first-ips-be-osmania-vc-983),” December 19, 2010,
    “Maoist bandh in AOB region tomorrow (http://timesofindia.indiatimes.com/city/hyderabad/Maoist-bandh-in-AOB-region-tomorrow/articleshow/7135743.cms),” TNN, December 21, 2010,
    “Maoist-hunter top cop to be Osmania University V-C (http://www.deccanherald.com/content/121994/maoist-hunter-top-cop-osmania.html),” December 19, 2010, DHNS,
    G. Siva, “Maoists plan janata sarkar in AOB (http://timesofindia.indiatimes.com/city/hyderabad/Maoists-plan-janata-sarkar-in-AOB/articleshow/7068037.cms),” TNN, December 9, 2010,
    “Telangana groups observe 1st anniversary of centre’s announcement (http://www.thaindian.com/newsportal/politics/telangana-groups-observe-1st-anniversary-of-centres-announcement_100471551.html),” IANS, December 8, 2010,
    “T activists following extortion line of Naxals? (http://timesofindia.indiatimes.com/city/hyderabad/T-activists-following-extortion-line-of-Naxals/articleshow/7147670.cms),” TNN, December 23, 2010,
    ibid.
    “Maoists on a major recruitment drive (http://timesofindia.indiatimes.com/city/hyderabad/Maoists-on-a-major-recruitment-drive/articleshow/7108340.cms),” TNN, December 16, 2010,
    Santosh K. Agarwal, “Maoist Insurgents Hit Back Greyhound Commandos Killing 35 (http://www.groundreport.com/Arts_and_Culture/Maoist-Hit-Back-Greyhound-Commandos-Killing-35/2864225),” Alarm Bells, July 01, 2008,
    “58% in AP say Naxalism is good, finds TOI poll (http://timesofindia.indiatimes.com//india/58-in-AP-say-Naxalism-is-good-finds-TOI-poll/articleshow/6639631.cms),” TNN, September 28, 2010,




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  • 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




    Refugee_New
    01-06 02:17 PM
    Unfortunately Hamas has been using this school as human shield launching missiles against Israel military. You need to consider all acts before accusing Israel of killing innocents.

    Hamas must stop their methodology of using innocent civilian homes/schools as launch pads for bombings and they must drop their quest of eliminating a Jewish state. Similarly Israel should recognize Palestine as a separate independent country.

    If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.




    mariner5555
    04-08 11:10 PM
    I remember the 1990's UK housing crunch
    http://news.bbc.co.uk/2/hi/business/7336010.stm

    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
    Hi Mark,
    a quick question - has IV thought about using the housing problem to push for faster GC processing (or for getting a very relaxed multi year EAD) ? a poll was conducted recently and as one would guess lots of legal immigrants are waiting for a GC before buying a house.
    I am not suggesting that giving GC's to legals would solve the problem but I am suggesting to use it as a selling point. (ofcourse at the micro level even if 1 house is sold ..then it helps the economy ..and if 100,000 houses are sold ..it definitely makes a difference)



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