Recapture of unused immigrant visa numbers (Visa recapture) and taking out family members from the annual immigrant visa numerical limit is not included in president's executive actions.
Visa recapture was done during President Bush's time thru congress. Under the current immigration statutes, there is a room for different interpretation as to availability of these two options without legislation. Such different interpretations have yet to be tested and settled by the Judiciary at the highest level. It appears that the President left out these two options for the reason that the practical result of such options would lead to adding new immigrant visa numbers beyond the annual limit under the statute. Please mention what you think about on these points.Everyone knows that Speaker Boehner purposely killed the immigration bill by not allowing for voting.He pretends that he is concerned and gives empty promises on one day he says he will take up and another day he changes that statement. He is only good at blaming president. He doesn't do anything and doesn't like others to do anything. Basically they are DO NOTHING congress. He says he like piece meal approach instead of comprehensive bill but he never introduced anything. He is a big lier. At least house republicans could have passed legal immigration first since both Democrats and Republicans agree on this and they could have dealt the illegals later by doing that at least they could have cleared and streamlined legal immigration.
The President could possibly have gone further. Instead he chose a small and surgical strike on one area where moms and dads and children face terrible stress in their lives and sometimes get separated. There is much more he could have done, and - if in the next two years Congress continues to resist comprehensive immigration reform - he may want to galvanize the minority communities and help bring out the vote in 2016 as he is leaving office, by completing his legacy and getting the job done properly. I believe he sincerely wants Congress to write a good law.
Unfortunately, the President's order does little or nothing to address these issues relating to legal immigration.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Unfortunately the recent proposals from the President do not address your question. With regard to your other comments, I believe both sides are to blame. Lets face it, the President took office with full control of Congress and could have gotten through many significant bills at the time besides the ACA. I do not see that Republicans are too motivated to do anything that will add to the President's accomplishments. Having said that, I hope that both sides put politics aside because immigration requires serious attention, and the lives of many people are at stake.
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