k94
12-15 09:43 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.
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.
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crazydesi
01-13 01:10 PM
EB2 -- Dont run fast, you will fall down again ...
I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...
I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...
rongha_2000
05-13 05:41 PM
I thought they stopped processing premium 140s which is why a lot a people who are still eligible are not porting to EB2.
Just curious, why are you not porting your PD?. Nowadays Perm takes less than 2 months and with premium, 140 takes a few months.
Just curious, why are you not porting your PD?. Nowadays Perm takes less than 2 months and with premium, 140 takes a few months.
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return_to_india
10-01 10:25 PM
I and my wife are debating whether to apply OCI or PIO card for our son who was born in US and has a US passport. We both hold Indian passport.
Can you experts please suggest which is the better route? The Indian consulate phone number is of not much help. It just keeps going in infinite loop and does not connect to a real person.
To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).
Here is the san francisco Indian consulate OCI V/s PIO card link:
http://www.cgisf.org/oc/oci-chart.pdf
Consulate website : http://www.cgisf.org/
PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)
As for registering with police ( with PIO card ) every 6 months, i am not sure.
Some of my friends say one needs to send a letter to some regional dsp office.
Anybody has more info ( i mean the families with us citizen kid who moved
back to India and staying there with PIO card ? ) ?
Can you experts please suggest which is the better route? The Indian consulate phone number is of not much help. It just keeps going in infinite loop and does not connect to a real person.
To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).
Here is the san francisco Indian consulate OCI V/s PIO card link:
http://www.cgisf.org/oc/oci-chart.pdf
Consulate website : http://www.cgisf.org/
PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)
As for registering with police ( with PIO card ) every 6 months, i am not sure.
Some of my friends say one needs to send a letter to some regional dsp office.
Anybody has more info ( i mean the families with us citizen kid who moved
back to India and staying there with PIO card ? ) ?
more...
MerciesOfInjustices
02-25 12:25 PM
Sent my second contribution in the last 3 weeks! I will keep contributing till I can, God willing!
jsb
03-17 03:06 PM
Have you talked to lawyers with arguments you have mentioned here? Do you think there is a strong legal ground for success? For all five "questions" you have asked, there is legal backing. Law sees legal grounds, not sentiments, which seem to be the prime content of what you have stated.
more...
sravani
05-12 11:32 AM
My heart really goes out for Neelima and her family! I also faced this kind of situation in my office to a lesser extent.
I am working as a permanent employee for a company and there are very few Asians working in this company. One of the business unit is outsourced to India and in our annual off-site meeting, the manager of that business unit sarcastically mentioned in the meeting infront of all the employees, how people in India lie about their resumes and how Indians are inefficient etc. etc. I felt so angry, sad and immediately walked out of the meeting.
I am working as a permanent employee for a company and there are very few Asians working in this company. One of the business unit is outsourced to India and in our annual off-site meeting, the manager of that business unit sarcastically mentioned in the meeting infront of all the employees, how people in India lie about their resumes and how Indians are inefficient etc. etc. I felt so angry, sad and immediately walked out of the meeting.
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wandmaker
06-25 04:59 PM
In EAD form, they are asking about previous EAD info..like which service center, what date, GRANTED or REJECTEd etc.. Now I had two EADs..one is OPT and other one I got last year. Do I have to write info for both one or just for last year?? In last year's form, I wrote info about my OPT. But what now?
1. Paper filing mention your last EAD
2. eFiling mention your last EAD and there is also a space for two previous EAD, you will have to fill in that too.
1. Paper filing mention your last EAD
2. eFiling mention your last EAD and there is also a space for two previous EAD, you will have to fill in that too.
more...
alterego
09-25 07:01 PM
We need 2 ingredients to grab the attention.
1) Starpower addressing the rally. Someone like The google guys, Cisco CEO John Chambers, or Gov. Schwartzenegger.
2) A well attended rally with preferably a mix of affected foreign employees as well as many of their US colleagues.
If you guys can pull that off then, it will quite literally be a very big statement.
1) Starpower addressing the rally. Someone like The google guys, Cisco CEO John Chambers, or Gov. Schwartzenegger.
2) A well attended rally with preferably a mix of affected foreign employees as well as many of their US colleagues.
If you guys can pull that off then, it will quite literally be a very big statement.
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abc1125
09-26 02:38 PM
I filed mine in July and still dont have the AP renewal yet. Its coming close to 90 days. does anyone know what I can do after the 90 day period to get my AP? is there such a thing as an interim AP or an expedited process after 90 days from the notice date?
more...
nonimmi
09-05 04:40 PM
Those who are using EAD have to use AP, as H1 is no longer valid!! This whole correct/incorrect thing is useless as these rules were made when AOS processing time was less than a year. People with older PD who dont expect to get GC in coming 2-3 years and already working using EAD have to use AP. This was even the case when H1 used to be valid for six year only and once someone got EAD/AP they were using it happily during 2004-2005.
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ramus
06-28 05:36 PM
I think you need all of them but I am not 100 % sure..
In cause you don't get experience certificare Even if you get letter from somebody you worked with will work..
Hi everybody,
I will post here my query about I-140 because I didn't want to start a new thread only for my question.
It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?
How is it working?
I wwould highly apprecite your help.
Thank you in advance.
In cause you don't get experience certificare Even if you get letter from somebody you worked with will work..
Hi everybody,
I will post here my query about I-140 because I didn't want to start a new thread only for my question.
It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?
How is it working?
I wwould highly apprecite your help.
Thank you in advance.
more...
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nrk
08-11 08:37 AM
sorry to hear that, when is your PD.
Hopefully from October 2010 the date stay as it is. Did you checked the cut off data it does show 0 requirement prior to 2006.
Very Disappointment for me.....as i missed it with couple of days.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
Hopefully from October 2010 the date stay as it is. Did you checked the cut off data it does show 0 requirement prior to 2006.
Very Disappointment for me.....as i missed it with couple of days.
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
I'm not sure if they are going to move dates in Oct or not...
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mbawa2574
09-06 12:02 PM
It's just bad luck to get that kind of CBP officer. It's upto you to ignore this or escalate it. In my opinion behaviour of CBP officer was wrong.
If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml
That IO must be a knucklehead who just hates "Specific type of people" or someone who does know the f** he is doing. I have entered using AP at Boston. San fran, Seattle and never had problems. Only once they asked me for EAD/a valid H1 petition and that was just a question.
If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml
That IO must be a knucklehead who just hates "Specific type of people" or someone who does know the f** he is doing. I have entered using AP at Boston. San fran, Seattle and never had problems. Only once they asked me for EAD/a valid H1 petition and that was just a question.
more...
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mikesin
04-07 06:08 PM
Thanks Karthik but I am just an MS :)
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
Out of curiosity, what are your thoughts on ROW EB3?
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
Out of curiosity, what are your thoughts on ROW EB3?
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gcsoon
10-16 04:14 PM
Does any of you know what rights for maternity leave has a pregnant H1B visa holder? I want to stay home next year for 3 months to take care of my baby, then start working again.
From what I know I can only have the 6 weeks of short term disability.
The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
Your answer would be appreciated.
Thanks
From what I know I can only have the 6 weeks of short term disability.
The Maternity Act does not apply in my case because the company I'm working for has under 50 employees.
I asked my lawyer if I can take any unpaid leave without loosing my H1B status and her answer was that I can change my visa to H4 or become a part time employee for a while. I do not like any of this options because I'm in my I140 stage with my green card and I do not want to lose it at this stage, after waiting for years to get my labor cert approval.
Your answer would be appreciated.
Thanks
more...
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nc14
09-22 06:25 PM
I still see
By Direction of the Chairman
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
I am not sure why someone said that it is scheduled for 24th.
I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
I have not finished calling yet and I iwll update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.
By Direction of the Chairman
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
I am not sure why someone said that it is scheduled for 24th.
I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
I have not finished calling yet and I iwll update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.
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sunnyg
07-14 04:34 PM
Emailed to 2 Ohio Senators and 1 rep. The web site is not letting me to email Representatives other than my the one belonging to my home area. Is there anything we can do to Email it to other Representatives?
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chanduv23
10-02 02:42 PM
^^^^^^^^^^^^^
ragz4u
03-22 08:37 AM
This has been convered before in some thread and the admin was given a very very low figure for the revenues that could be generated with google ads
Green.Tech
10-01 08:48 PM
Here is what the Houston Consulate's web site has to say:
](Note: Minors (below 18 years) whose both parents are indian nationals are not eligible for registration as OCI. Atleast one parent of the minor should be a PIO having foreign citizenship to become eligible for the OCI scheme.) [/B]
](Note: Minors (below 18 years) whose both parents are indian nationals are not eligible for registration as OCI. Atleast one parent of the minor should be a PIO having foreign citizenship to become eligible for the OCI scheme.) [/B]
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