Ace of Spades HQ

December 28, 2009

The Immigration System Isn't Just Broken As to Who It Lets In
— Ace

Bureaucrats. What would we do without them.

Thrive, I suppose.

This article is old, but the problem continues.

Basically, a high-level athlete was seeking a work visa for his specialized skills in training athletes. He was first accepted for a temporary visa, then later denied a renewal, based upon a strange and kinda-arbitrary decision by the INS that his expertise was too high-level for the position he sought.

In 2006 Anatolie applied for what should have been a routine renewal of his H1B working visa for another three-year term. While the maximum standard answer time is 180 days, he waited over 18 monthsÂ—which included numerous letters of support, including several from Congressman Christopher ShaysÂ—to receive the shocking answer: denied. Reason given? Â“overqualifiedÂ” for his jobÂ—in spite of being granted his initial H1B working visa for the exact same position 3 years previously. Anatolie immediately appealed the denial and was told he would receive an answer within a maximum of 10 months. 14 months later he received the final decision regarding his appeal: dismissedÂ—with no explanation and no right to further appeal.

Bill Whittle earlier wrote of this case:

"The biggest losers in our inability to control illegal immigration are the legal immigrants. What benefit do these honest people gain from playing by the rules? This is as clear a real-world example as you are likely to see of the lack of retaliation flipping a system from cooperation to betrayal."

The system worked.

H/t to Adam Baldwin.

Posted by: Ace at 02:07 PM | Comments (43)
Post contains 270 words, total size 2 kb.

OT, Perry Sutton an Eagle Scout, so said the NY Times yesterday, today, NOTHING. Here is wire take on him:

Percy Sutton has reached the category of the Eagle Boy scout in 1936 and has been recognised with Outstanding Eagle Compensation of the Boy scout from Boy scouts of America as the adult. Percy Sutton declares that Investigation Scouting was the key factor in his life formation

Not important to the NY Times or the WAPO.

Gee, wonder why?

Posted by: Kemp at December 28, 2009 02:10 PM (2+9Yx)

2 I have a South African friend who has been here since 1999 and now is working on a Phd in infectious diseases (or something like that) but she can't get a green card and has had to scramble multiple times to get a visa. This ordeal included being barred from barred from re-entering the US from Aussieland after playing on the US NATIONAL FIELD HOCKEY TEAM. But she's not a specific demographic.

Although she i African American in the purest sense.

Posted by: Alex at December 28, 2009 02:14 PM (sAP8F)

3 I'm beginning to think that Max Baucus had the right idea. I'm going to get shit-faced and make an idiot of myself (but I'm going to do it at home, in private, not on the senate floor on C-SPAN).

Posted by: RoadRunner at December 28, 2009 02:15 PM (VUjE6)

4 Damn it all. My kid is an Eagle Scout and currently at Parris Island. And he damned sure didn't vote for Prez Prissypants. This pisses me off.

Posted by: Jane D'oh! at December 28, 2009 02:15 PM (UOM48)

5 I guess me & my husband should consider ourselves lucky. They messed up his work authorization twice by not issuing a renewal in time (we followed their rules to the letter but they are never under any compulsion to follow their own policies.)

He's got a green card now, but even though it's been five years since we first applied, immigration still hasn't gotten around to doing his required background check. Maybe they'll get a move on when he is eligible to apply for citizenship, but I doubt it. Several of his friends only got their citizenship after they sued the immigration authorities even though they did exactly everything that was required and met the standards expected.

Meanwhile....I have the fun of explaining to them why illegals get social benefits that they are forbidden to even apply for in the first place.

And I'm supposed to trust this government to run my healthcare.....

Posted by: bigpinkfluffybunny at December 28, 2009 02:15 PM (KWhJd)

6 If only Anatolie would have converted to Islam, he would have had no problem getting a visa. If they deny it, claim racial profiling or Islamophobia. And now, we get free health care. Praise Allah.

Posted by: Ahkmed at December 28, 2009 02:15 PM (YQTVx)

7 Nice gratuitus dropping of Adam Baldwin's name, there, Ace.

Posted by: Tommy Gunnar at December 28, 2009 02:16 PM (rQTdM)

8 Indeed, what benefit have honest people gained from anything that's been gov't-run?

Posted by: Stillwater at December 28, 2009 02:16 PM (qUdDE)

9 This guy and his wife have built a thriving business that is probably in competition with a well heeled demo party operative.

Posted by: Beto at December 28, 2009 02:17 PM (+CLh/)

Pissy you're preaching to the choir, both my sons and I are Eagles. My oldest two gold palms, 58 merit badges.

Posted by: Kemp at December 28, 2009 02:19 PM (2+9Yx)

11 Can anyone decipher Kemp's comment?

Posted by: Beto at December 28, 2009 02:20 PM (+CLh/)

12 Tell me about it! Waiting for a green card for 10 years. My only fault is that I did not swim through the Rio Grande and sneak across at night.

Posted by: Tushar at December 28, 2009 02:20 PM (KXhmI)

13 meanwhile Ed at HotAir holds Hillary personally responsible for the attempted bombing because the bomber got a visa. And Gabe is ranting about the ONLY govt staff in AZ enforcing immigration laws, sheriff joe, AND just fer fun, the actual conspirators were released from Gitmo in...2007..

here in Phoenix 2 M.E. men were detained by the police after p[assengers flagged them

that will be a lawsuit, and then folks will want to know WHY oh why we cant detain people and keep us safe..

hint, it isnt Hillary hiding the big NO ENTRY stamp....

Posted by: ginaswo/MiM at December 28, 2009 02:20 PM (fdppM)

14 Even in Yemen we don't thread-jack at comment 1. Infidels.

Posted by: Ahkmed at December 28, 2009 02:24 PM (YQTVx)

#11

OT=Off Topic, Eagle Scout, highest award in Scouts. Perry Sutton, first black president of NY City council, NY Times, commie newspaper. WAPO, Washington Post, commie newspaper.

Need any more translations?

Posted by: Kemp at December 28, 2009 02:29 PM (2+9Yx)

#14

Sorry, pissed off.

Yeman, never heard of it

Posted by: Charlie Gibson, kemp's love child at December 28, 2009 02:33 PM (2+9Yx)

17 Wrong skill set.
If he would have checked the box labeled "Ballot Stuffer" he would have had no problem.

Posted by: Rickshaw Jack at December 28, 2009 02:34 PM (ujnXw)

#13

Hot Air must be full of idiots, the visa was issued June 08, Hillary was just another nobody.

Posted by: Charlie at December 28, 2009 02:35 PM (2+9Yx)

19 15

#11

OT=Off Topic, Eagle Scout, highest award in Scouts. Perry Sutton, first black president of NY City council, NY Times, commie newspaper. WAPO, Washington Post, commie newspaper.

Need any more translations?

Posted by: Kemp at December 28, 2009 06:29 PM (2+9Yx)

I'm having a hard time fully understanding it as well. Seriously, what were trying to say? Perry Sutton is an Eagle Scout. OK, got that part. NYT/WaPo hates the scouts, got that too. Then... I'm kind of lost on the rest.

Posted by: Jim in San Diego at December 28, 2009 02:36 PM (F09Uo)

20
15
Ohhh, Commie Newspapers dump on straight spine Black guy who accomplished himself. fuckers

thanks Kemp. I didn't know who he was

Posted by: Beto at December 28, 2009 02:38 PM (+CLh/)

21
18 Hot Air must be full of idiots

understatement of maximum warp speed class.

Posted by: Beto at December 28, 2009 02:41 PM (+CLh/)

22 There's no predicting or understanding what the INS might do.

Some years ago I hired a Chinese couple to coach one of our Olympic teams. They were married and their records were identical: sports school at a young age, then national team, then world champion.

We used a top immigration attorney who completed the applications flawlessly and send them on up to Lincoln. (Why Nebraska is the location for the head of this service is beyond me, nobody enters the country in Nebraska).

Anyway, they rejected one and accepted the other. No reason.

Over the years I have probably been involved with 100 actions with the INS on one thing or another. The more you get to know them the less sense their actions make.

I think they flip coins.

Posted by: Robert at December 28, 2009 02:43 PM (cd6Ip)

23 Legal immigrants such as myself who ran the years-long gauntlet are not amused.
It includes such things as providing police records to show you aren't Hannibal Lector--actually, you can be denied for simply having an arrest even if no charges resulted. Chest x-rays to show you don't have TB, which in a variety of terrifying multiple drug resistant forms is making a comeback. (These new strains are coming from...South and Central America, and Mexico.) Blood testing for HIV, Hep C and others. Testing for English comprehension and knowledge of the history and government structure of the USA.
Now, I have no complaints about those things. The USA has a right and an obligation to screen immigrants and protect its citizens.
But when 23 million illegals are here without having gone through any check whatsoever and people on both sides of the government are slavering to get their votes and are therefore willing to toss any and all dangers out the window (say, how many members of MS-13 are legal immigrants?) it irritates the shit out of me. Especially, as has been noted to the story, the INS can yank your visa or green card at any time due to no other reason than "we changed our mind."
Excuse me while I seethe.

Posted by: Nemo from Erewhon at December 28, 2009 03:05 PM (7+r4B)

24 What we need: Tall Fences and Wide Gates What we have: Low Fences and Closed Gates

Posted by: tmitsss at December 28, 2009 03:07 PM (+qNAU)

25 Time to share our guy-we-keep-out stories? For the record, there's one in my family, too. I won't bore you with the details.

Robert, splitting the spouses is pretty standard to prevent overstayers.

Posted by: arhooley at December 28, 2009 03:31 PM (GKXA7)

#19

The point? The NY Times ran his Eagle Scout award yesterday, but it was not in the story today.

Wonder why. I think I said that in the first point, but maybe I was not using english, lets see what the first post said.

Not important to the NY Times or the WAPO.

Gee, wonder why?

So how is that so hard to understand????

Posted by: Charlie at December 28, 2009 04:26 PM (2+9Yx)

27 hey

Posted by: Kemp at December 28, 2009 04:34 PM (2+9Yx)

You have a keen grasp of the obvious Kemp!

Posted by: Jim in San Diego at December 28, 2009 05:23 PM (F09Uo)

29 I hear you arhooley, but this was a visa used mostly for elite athletes and a few others - the spouse is always allowed in anyway - and length of stay is almost never an issue. (NBA players, etc.). In this case, the only difference was that only one of them could work. (Until we got it fixed).

I had to bring in foreign teams, practice partners, coaches and players with everything from asylum applications to B2 to fiance to student to other visas and "green" cards all the way to citizenship. I once got a judge to open up his court on New Year's eve just to swear in a player so she could play for us in the Olympics.

Very frequently the actions of INS were random and arbitrary. Even with the most simple of applications, most immigration attorneys will hedge a bit just because - like juries - you never quite know what the INS will do.

I didn't offer a "family story." This was a view with lots of experience behind it.

Posted by: Robert at December 28, 2009 07:10 PM (cd6Ip)

30 The weird facts is that you have to wait for months to obtain your passport in order to travel overseas all illegal aliens have to do is run accross the border

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