Description: Report issued by the U.S. Bureau of Mines discussing potash occurrences of southeastern New Mexico. As stated in the introduction, "included in this report are discussions of the geology and geography of the study area, its potash mining history, and current and projected market conditions in the potash industry" (p. 2). This report includes maps, tables, and illustrations.
Creator: Weisner, Robert C.; Lemons, Jim F., Jr. & Coppa, Luis V.
Description: Report issued by the U.S. Bureau of Mines discussing the Mineral Industry Location System (MILS), a mineral deposit data base. As stated in the abstract, "information on more than 135,000 mineral locations and processing plants in the United States is contained in the data base. This information includes the name, location, mineral commodity, type of operation, bibliography, and cross-reference for each property or prospect" (p. 1). This report includes maps, tables, and illustrations.
Creator: Berg, Andrew W. & Carrillo, Fred V.
Description: Report issued by the U.S. National Bureau of Standards discussing studies conducted on building codes, standards, and regulations. The report includes transcripts from the 12th annual National Conference of States on Building Codes and Standards. This report includes tables, and illustrations.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits a quadrate shape; thick shell; single looped beak sculpturing; white internal coloring; brown external coloring; external sculpturing in the form of ridges. Collected in the Brazos basin. The specimen measures between 60 - 100 mm in length and was assessed to be relatively-recently dead when collected.
Creator: Golightly, C. & Moorhead, D.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits a quadrate shape; thick shell; single looped beak sculpturing; purplish-white internal coloring; brown external coloring; external sculpturing in the form of ridges. Collected in the Brazos basin. The specimen measures between 60 - 100 mm in length and was assessed to be recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits a quadrate shape; thick shell; single looped beak sculpturing; white internal coloring; dark brown external coloring; external sculpturing in the form of ridges. Collected in the Brazos basin. The specimen measures between 60 - 100 mm in length and was assessed to be relatively-recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits an elliptical shape; moderately thick shell; white internal coloring; tan external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures between 60 - 100 mm in length and was assessed to be long dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits a rhomboidal shape; thick shell; purple internal coloring; reddish-brown external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures over 120 mm in length and was assessed to be recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits a rhomboidal shape; thick shell; pink internal coloring; dark brown external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures between 100 - 120 mm in length and was assessed to be recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits an oval shape; pink internal coloring; brown external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures over 120 mm in length and was assessed to be relatively-recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits an oval shape; white internal coloring; brown external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures over 120 mm in length and was assessed to be relatively-recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits a round shape; moderately thick shell; white internal coloring; brown external coloring; external sculpturing in the form of pustules. Collected in the Brazos basin. The specimen measures between 60 - 100 mm in length and was assessed to be relatively-recently dead when collected.
Description: One preserved mussel specimen including the left valve only. The specimen exhibits a round shape; thick shell; white internal coloring; brown external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures between 0 - 60 mm in length and was assessed to be relatively-recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits an elliptical shape; thin shell; double looped beak sculpturing; bluish-white internal coloring; reddish-brown external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures over 120 mm in length and was assessed to be relatively-recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits an elliptical shape; thin shell; double looped beak sculpturing; white internal coloring; green external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures between 0 - 60 mm in length and was assessed to be long dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits an oval shape; moderately thick shell; single looped beak sculpturing; pink internal coloring; reddish-brown external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures over 120 mm in length and was assessed to be relatively-recently dead when collected.
Description: One preserved mussel specimen including both the left and right valves. The specimen exhibits an oval shape; moderately thick shell; single looped beak sculpturing; pink internal coloring; reddish-brown external coloring; no external sculpturing. Collected in the Brazos basin. The specimen measures between 100 - 120 mm in length and was assessed to be recently dead when collected.


With a stay at Parkwood at Marble Arch in London (London City Centre), you'll be within a 5-minute walk of Marble Arch and Still Water. This bed & breakfast is 0.3 mi (0.5 km) from Speakers' Corner and 0.4 mi (0.7 km) from The Grosvenor Victoria Casino London.
Stay in one of 16 guestrooms featuring flat-screen televisions. Complimentary wireless Internet access is available to keep you connected. Private bathrooms with showers feature complimentary toiletries and hair dryers. Conveniences include phones, as well as safes and coffee/tea makers.
English breakfasts are available daily from 7:30 AM to 9 AM for a fee.Take in the views from a terrace and make use of amenities such as complimentary wireless Internet access and tour/ticket assistance.Pets not allowed Check-in time starts at 1:30 PM Check-out time is 10:30 AMFeatured amenities include a computer station, multilingual staff, and luggage storage.Extra-person charges may apply and vary depending on property policy.


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Dan on Oscar Pistorius Update 3/12/14
Filed under: Public Appearances — Editorial Staff @ 4:46 pm
Dan appeared on Good Morning America, Wednesday, March 12th to discuss the latest on the ongoing Oscar Pistorius trial. On Wednesday day in court there was a mock-up constructed of the bathroom in which Pistorius first shot his girlfriend and then used a cricket bat to break down the door. The issue is his credibility and that is exactly what the prosecution is trying to taint. Pistorius stated in his bail hearing, when he realized it was his girlfriend and not an intruders locked inside this bathroom, he battered it down with a bat after putting his prosthetics back on. Says Dan, "They want to show Oscar Pistorius was not telling the truth at his bail hearing. Remember, his account was he's in the bathroom. He thinks it's an intruder. He fires the weapon. Then runs without his prosthetics on and runs back into the bedroom screaming for help. Puts his prosthetics back on. Runs back into the bathroom with the prosthetics on. Why this expert becomes so important is undermining that and saying, no, wait, based on the angle we see, he believes that the bat was swung from a much lower level and could show Pistorius is lying." Watch the full clip here.

redpajama_set_name: RedPajamaCommonCrawl


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Swedish Cabinet Can Expect Hard Time From Tsunami Committee
by Jakob Holm • February 16, 2006 • 0 Comments
The Swedish Riksdagen's Constitutional Committee, which recently put prime minister Göran Persson on the spot, is ready to chastise the Swedish government for its failures following the tidal wave in south-east Asia.
Thursday the committee finished interrogations comprising part of the investigation which is to map the Swedish effort during the aftermath of the tsunami disaster in 2004. Afterwards, the writing on the wall was easy to read, as several members of the parliament said that is was clear that the investigation will result in massive criticism from the committee.
But it is still unsure whether or not the criticism will cost the jobs of one or several ministers. The investigation itself is not expected to finish before the end of March, but nothing new has appeared under the 20-hour long interrogations of the past days.
As many as 20,000 Swedes were vacationing in Southeast Asia at the time of the Indian Ocean tsunami, most of them in Thailand.
In the first days after the disaster the government failed to realize the scope of the tragedy and did not offer injured Swedes medical care, transport home or other assistance. 543 Swedes died.
Persson: "We did a good job"
The Swedish PM will not blame anyone for the late effort. Apart from acknowledging the lateness of the government's response Persson thinks that they otherwise did a good job.
"There are most certainly examples of people who came up short. But to say that X or Y didn't do what they were supposed to is not something that has crossed my mind," Persson said.
The lateness of the effort was due to the fact that the information about the disaster was full of contradictions during the first 24 hours. Besides this, the level of personnel at the government's offices was geared down because of Christmas, according to Persson.
Tsunami memorial live on Swedish television
Swedish Children's literature in Thailand
Thailand representatives meet Swedish Royalties
← A Nordic Garden in the Thai Tropics
Twenty Danish Companies Line Up For Vietship 2006 →


In this article, I would like to describe the one of the toolset (service) for the analyze some problems on different Java-based instances, of course, as Atlassian administrator, first of all, it is Atlassian applications.
First, of the all, I want to say many thanks to the Atlassian Ecosystem developers for the providing Troubleshooting and Support tools. Because a lot of users can provide easy support.zip with thread dumps and GC logs if it is enabled (since 7.4 it is pre-populated in the configs). By the way, you can take a thread dump yourself using the jps ( or old way ps aux | grep java) and jstack. I hope these useful articles will help you (1, 2, 3, 4, 5).
Well, let's back to our steps about GC, if you click and read the KB about GC logging then you will find already interesting tools GC viewer, Visual GC, but it will be good if we have the same thing in the online and with ML (Machine Learning).
Hence, you can use these online tools which will provide for you easily some view of your system and you can automate it by public REST API.
* All 3 links work as one.
After uploading you will easier grouping and how threads changed in a different time period.
This article is based on the many questions to me from an online community and AUG members, like how do you review GC logs in short time?
Hope it helps and you will earn capacity for other awesome tasks.
P.S. I hope someone will provide more methods (in atlassian-python-api) for better automate process through support tools instead of bash scripts :) I'll be happy.
P.S.S. And we monitoring by prometheus and exporter more detail info you can read in article "Monitoring of Atlassian applications with Prometheus"
P.S.S. Also, you can do it by Zabbix, nagios through JMX.
Any similar tool for .Net/C# ?
That's what we already use.


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West Hollywood Library and Park
West Hollywood Library and Park in West Hollywood, CA (City of West Hollywood)
City of West Hollywood
Johnson Favaro
The West Hollywood Library is a vital part of West Hollywood's much-celebrated $125 million 25th Anniversary Capital Projects Program. The library's appearance and function reflect and enhance the vitality of the City's core of art, design, and commerce. It is a new three-story, 47,000 SF, steel-framed library structure clad in stucco and metal panels.
The library building contains multiple programs, including a children's library, career development center, young adult services, international literature, and public meeting rooms. The ceiling of the library space is constructed of bamboo panels fabricated into precise, intricate patterns. It features a grand staircase to reflect the rich creativity and renowned architecture of the City of West Hollywood.
This project includes constructing a five-story, cast-in-place concrete parking structure attached to the library building to accommodate 400 vehicles. This project also includes landscaped park space and regulation tennis courts on top of the parking structures. This project received LEED Gold Certification.
International literature
Public meeting rooms
The team was devoted to the project, a pleasure to work with, and skilled in their professional efforts. Resolving any issues or obstacles, they accomplished the City's goal and maintained respect among those working on the project.
Sam C. Baxter, Director Human Services Department
Gold Certified
Cal Poly Pomona Residential Suites Phase II
Pomona, CA | California State Polytechnic University Pomona
Cal Poly Pomona expanded its Residential Suites with the new Vista de Las Estrellas, Vista de las Montanas, and Vista de la Luna. The three new housing…
Tongva Park and Genser Town Square
Santa Monica, CA | City of Santa Monica
Tongva Park and Genser Square is a prime example of design-build success, exceeding the expectation of taking an inspiring idea into full functioning fruition.
Beverly Hills Children's Library
Beverly Hills, CA | City of Beverly Hills
The Beverly Hills Children's Library was transformed into a light-filled, child-friendly learning environment. Consisting of 16,585 SF, the interior…
Thomas Jefferson High School Lobby and Library Renovation
Denver, CO | Denver Public Schools
Thomas Jefferson High School, a Denver Public School, required renovations to its existing main lobby. These renovations included wainscoting wall panels,…
Hadley Library Renovation
Denver, CO | City and County of Denver
The Hadley Library was long overdue for upgrades. This renovation's goal was to enhance the areas of technology and life safety. The highlight of the…
Columbia State Community College, Finney Library
Columbia, TN | Tennessee Board of Regents
W.E. O'Neil was selected by Tennessee Board of Regents for the 40,000 SF renovation to the existing Finney Library at the Columbia State Community…
Ralph B. McClure Craftsmanship Award
Project Award | Woodwork Institute


text:
About Dyan
A Message to You
In the Media & Published Articles
U.S. Immigration & Citizenship
Legal Ethics & Professional Responsibility
Fee Arrangements
FAQs – Immigration
FAQs – General
The Legal Immigrant
The Ethical Lawyer
Category Archives: H-1B
Rescission of INA 212(a)(6)(C)(i) (Misrepresentation) Finding + Grant of H-1B Visa = A True Success Story
Posted on September 28, 2018 | Comments Off on Rescission of INA 212(a)(6)(C)(i) (Misrepresentation) Finding + Grant of H-1B Visa = A True Success Story
In September 2018, the U.S. Embassy issued an H-1B temporary worker visa to my client after previously finding he is permanently inadmissible under INA 212(a)(6)(C)(i), i.e. willful misrepresentation of material fact to gain U.S. immigration benefits. At the visa interview, he relied on my recommendations to explain why the misrepresentation bar does not apply to him.
The Embassy did not specify the factual basis for the misrepresentation finding. But years ago, my client's H-1B visa was revoked by the U.S. Customs & Border Protection (CBP) and he was denied entry and allowed to withdraw his application for admission.
In particular, at primary inspection, the CBP officer asked him about his relationship with the H-1B petitioner (consulting firm) and the end client. Instead of naming the consulting firm as his U.S. employer, he mistakenly gave the name of the end client, where he was assigned to work. From there, confusion began. At secondary inspection, the CBP questioned him extensively and ultimately denied his entry under INA 212(a)(7)(A)(i)(I)(intended immigrant without valid travel document) – which CBP often uses as a catch-all provision to refuse admission to the U.S.
A few years later, the Embassy did issue him a new H-1B visa based on an approved I-129 petition by another U.S. employer, without raising the misrepresentation bar. But when he later requested a visa renewal to enter the United States following a trip abroad, the Embassy requested several documents related to his previous employments in the United States. These included the I-797 (receipt and approval) notices for all H-1Bs; all I-129/H-1B petitions filed on his behalf; Labor Condition Applications in support of the H-1B petitions filed on his behalf; support letter from the end client; employment contracts; and pay statements.
Despite receiving the requested documents, the Embassy denied the H-1B visa under INA 212(a)(6)(C)(i). When he applied again for the H-1B visa three months later – at the direction of his U.S. employer – the Embassy said nothing had changed and again refused the visa under section 212(a)(6)(C)(i).
After being denied the H-1B visa twice on misrepresentation grounds, he contacted me to prepare a Motion to Reconsider and Rescind Inadmissibility Determination Under INA 212(a)(6)(C)(i). The Embassy accepted my legal memorandum and some of the documentary evidence establishing the section 212(a)(6)(C)(i) bar was applied in error. It placed the case in administrative processing and then finally granted the visa two months later.
Although my client could have filed for a 212(d)(3) nonimmigrant waiver, I explained this would take a longer time to process and a waiver grant would still leave the section 212(a)(6)(C)(i) bar intact. He also had an approved I-140 immigrant petition filed on his behalf and the 212(d)(3) waiver would not overcome the inadmissibility ground to receiving an immigrant visa or green card. With no qualifying relative (U.S. citizen or permanent resident spouse or parent) to be eligible for a Form I-601/INA 212(i) immigrant waiver, he would be subject to being denied permanent residence as long as the 212(a)(6)(c) bar remained.
Furthermore, and most important, he had made no willful misrepresentation of material fact to obtain an H-1B visa or any other U.S. immigration benefit. I pointed out that if the Embassy agreed to rescind the section 212(a)(6)(C)(i) charge, he would not require a 212(d)(3) waiver for the H-1B visa to be issued.
Two months following the visa interview, the Embassy instructed my client to submit his passport. It issued the H-1B visa to him and he re-entered the United States without any problems.
Because the Embassy vacated the section 212(a)(6)(C)(i) charge, my client will not need a 212(d)(3) nonimmigrant waiver to receive a new H-1B or other nonimmigrant visa. He also will not require a Form I-601/INA 212(i) waiver to obtain permanent residence in the United States.
Through emails, telephone calls and video conferences, my client and I worked together to convince the Embassy to vacate the misrepresentation bar and grant the H-1B visa. This is a true success story in which he timely received the visa after being denied it twice in a row.
Dyan Williams
Founder & Principal Attorney
Dyan Williams Law PLLC
dw@dyanwilliamslaw.com
This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.
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Comments Off on Rescission of INA 212(a)(6)(C)(i) (Misrepresentation) Finding + Grant of H-1B Visa = A True Success Story
Posted in H-1B, immigration fraud, success story, The Legal Immigrant - Immigration Blog, waiver, willful misrepresentation
Tagged 212(a)(6)(C), 212(a)(6)(C)(i), 212(d)(3) waiver, H-1B, I-601 immigrant waiver, INA 212(a)(6)(C)(i), willful misrepresentation
Timely Filed H-1B Cap-Subject Petition + Complete Response to RFE = A True Success Story
Posted on December 27, 2017 | Comments Off on Timely Filed H-1B Cap-Subject Petition + Complete Response to RFE = A True Success Story
On October 26, 2017, U.S. Citizenship & Immigration Services, California Service Center, approved an H-1B cap-subject petition that Dyan Williams Law PLLC filed for a non-profit organization on behalf of one of its preschool teachers. First, we had to file the petition in early April 2017 for it to be randomly selected in the H-1B lottery and reviewed on the merits. Next, we had to submit a timely Response to Request for Evidence (RFE) that fully addressed USCIS' doubts on the position being a specialty occupation, which is a key H-1B requirement.
The H-1B petition, filed on April 3, 2017, was subject to the congressionally mandated, annual cap of 65,000 H-1B visas, which is commonly known as the "regular cap". By April 7, USCIS announced it received enough H-1B petitions to reach the cap for its computer-generated random selection (lottery) process and, as of April 11, would reject and return all unselected petitions.
On April 14, USCIS issued a Form I-797C, Receipt Notice confirming the petition was selected in the lottery and was pending for review. Being chosen in the lottery was a win, by itself, because the petitioner's prior cap-subject petition for the same beneficiary was not selected in the previous fiscal year. Fortunately, the beneficiary qualified for F-1 extension of post completion Optional Practical Training (OPT) and H-1B cap-gap benefits, which permitted her to work between the end of her F-1 status and the start of her H-1B status.
In July, after three months of waiting for further updates, we received USCIS' Form I-797E, Request for Evidence, instructing the petitioner to submit a response by October 2. USCIS added that failure to submit all evidence requested at one time may result in the denial of the petition.
In particular, USCIS questioned whether the preschool teacher position is a "specialty occupation" that requires the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty, or its equivalent.
The Service relied on the U.S. Department of Labor's Occupational Outlook Handbook (OOH), which indicates a preschool teacher is an occupation that does not require a bachelor's degree in a specific speciality as a normal, minimum for entry into the position. USCIS explained, "There is no standard for how one prepares for a career as a Preschool Teacher and no requirement for a degree in a specific specialty." It concluded the proffered position cannot be considered to have met this criterion.
Because normal industry standards indicates a bachelor's or higher degree or its equivalent is not typically required for entry into a preschool teacher position, we had to show how at least one of the remaining three criteria is met:
1. the degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree
2. the employer normally requires a degree or its equivalent for the position
3. the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree in a specific speciality
By narrowing down the petitioner's industry to a certain category of organizations that require their preschool teachers to have at least a bachelor's degree in early childhood education, elementary education, child psychology or related field, we established the position at issue is a specialty occupation.
To support the Response to RFE, I counseled the petitioner in gathering critical documentary evidence to meet the remaining three criteria. This included helping the petitioner prepare an affidavit (written testimony) and collect support letters from directors of similar organizations explaining why they normally require their preschool teachers to have at least a bachelor's degree in a specific specialty.
We also presented various preschool teacher job postings at similar organizations requiring at least a bachelor's degree in a specific specialty, as well as description pages from the organizations' websites showing how similar they are to the petitioner's organization.
In addition, we submitted documentary evidence demonstrating why the petitioner is held to a higher industry standard, for accreditation purposes, and its preschool teacher position is thus so specialized, complex or unique that it can be performed only by an individual with at least a bachelor's degree in early childhood education, elementary education, child psychology or a related field.
To strengthen the Response to RFE, I prepared and submitted a legal memorandum discussing how the petitioner met its burden of proof and how the preschool teacher position at this non-profit entity meets at least one of the remaining three criteria to be classified as a specialty occupation for H-1B status.
Citing to the support letters and preschool teacher job postings from other employers, I explained the bachelor's degree requirement is common to the industry in parallel positions among similar organizations. By describing the accreditation application and curriculum development processes used by the petitioner, I further described why it normally requires a bachelor's degree or its equivalent for the position and why the job duties are so specialized and complex that only an individual with the degree can perform them.
I also recommended we obtain an expert opinion report confirming the preschool teacher position is unique and requires at least a bachelor's degree in a related specialty, despite the OOH indicating no such degree is typically needed to enter the profession. By contacting a reputable evaluation service, I was able to procure such a report from a qualified professor of early childhood education.
After submitting a timely Response to RFE, we filed a Form I-907, Request for Premium Processing Service, which requires USCIS to issue a decision (approval or denial), RFE, or Notice of Intent to Deny within 15 calendar days, or refund the processing fee.
Within a week, USCIS approved the H-1B cap-subject petition and granted the beneficiary a change of status from F-1/OPT to H-1B. Getting the H-1B petition selected in the lottery, plus ultimately receiving an approval brought relief and joy to both the petitioner and beneficiary, who continue to have an employer-employee relationship.
To date, under the Trump Administration, there has been no congressional changes in law related to H-1B petitions or H-1B visas. But on April 18, 2017, President Trump signed the Buy American and Hire American Executive Order, which seeks to create higher wages and employment rates for U.S. workers and to protect their economic interests by rigorously enforcing and administering U.S. immigration laws. It also directs DHS, in coordination with other agencies, to advance policies to help ensure H-1B visas are awarded to the most-skilled or highest-paid beneficiaries.
Data provided by USCIS shows that between January and August 31, the agency issued 85,000 RFEs related to H-1B visa petitions – a 44% increase over the same period last year. Meanwhile, the total number of H-1B petitions received by USCIS during this same period rose by less than 3 percent.
An RFE is issued after USCIS receives the petition and the reviewing officer concludes there is insufficient evidence or information to approve the case. The maximum response time for the petitioner is 84 days (12 weeks), although in some cases an additional 3 days is given to account for mailing time. An RFE delays the H-1B decision by several weeks or months and increases stress for both the petitioner and beneficiary seeking the H-1B status or visa.
It is becoming more common for USCIS to issue RFEs on the basis that the proffered position is not a specialty occupation. In The New York Times article, Is Anyone Good Enough for an H-1B visa?, an op-ed contributor wrote that he received two RFEs on this issue prior to receiving an H-1B denial. He notes:
My two requests for evidence asked me to prove my job was a "specialty occupation" – that is, work that only someone with a bachelor's degree or higher can do. My work involves artificial intelligence and big data, and my letters of support came from an authority in my industry and veteran start-up investor, and a Nobel Peace Prize winner. But it wasn't enough to convince the government that my job requires advanced skills.
Not only does the job have to require a bachelor's degree, the degree must also be in a related speciality. With tougher scrutiny and higher obstacles being placed on H-1B petitions, it is especially important for petitioners and beneficiaries to hire experienced immigration counsel to advise them in the application process, from start to finish.
Each fiscal year, H-1B petitioners strive to file cap-subject petitions in early April to be counted in the annual lottery. Whether you plan to file an H-1B petition or have received an RFE or denial on an H-1B petition already filed, contact Dyan Williams Law to obtain a consultation or inquire about representation.
In a consultation or through representation, we will apply our breadth of experience, unique skills and creative thinking to help you resolve your situation to the fullest extent possible.
This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.
Photo by: picturebridge
Comments Off on Timely Filed H-1B Cap-Subject Petition + Complete Response to RFE = A True Success Story
Posted in H-1B, success story, The Legal Immigrant - Immigration Blog
Tagged H-1B, H-1B cap subject petition, H-1B lottery, Request for Evidence, specialty occupation
Adjusting to Permanent Resident Status Under INA 245(a): Bars, Exceptions and Exemptions
Posted on June 2, 2017 | Comments Off on Adjusting to Permanent Resident Status Under INA 245(a): Bars, Exceptions and Exemptions
Section 245 of the Immigration and Nationality Act (INA) allows certain foreign nationals who are physically present in the U.S. to adjust to permanent resident status and avoid filing for an immigrant visa at the U.S. Consulate abroad.
But unless an exception or exemption applies, you are barred from filing for INA 245(a) adjustment if you are in unlawful immigration status at the time of filing a Form I-485 [INA 245(c)(2) bar]; you have violated the conditions of your nonimmigrant status or visa [INA 245c)(2) and INA 245(c)(2)(8) bars]; and/or you failed to maintain lawful nonimmigrant status when you would otherwise be eligible for employment-based immigration [INA 245(c)(7) bar].
Statutory Bars to Adjusting Status Under INA 245(a)
The bars to INA 245(a) Adjustment of Status (AOS) include the following:
1. You Are In Unlawful Immigration Status at the Time of Filing a Form I-485 Application: INA 245(c)(2) Bar
Under INA 245(c)(2), an INA 245(a) Adjustment of Status application will be denied if at the time of the Form I-485 filing, you are not in lawful immigration status. For purposes of the INA 245(c)(2) bar, lawful status includes nonimmigrants (e.g. B1/B2 visitor, F-1 student, H-1B professional worker); refugees; asylees; parolees; and foreign nationals in Temporary Protected Status (TPS).
You are in unlawful immigration status if you have never had lawful status (e.g. entered the U.S. without inspection and admission or parole) or your lawful status has ended (expired or was rescinded, revoked, or otherwise terminated due to violation of nonimmigrant status or other reason).
Having authorized stay is different from having lawful immigration status. The timely filing of a pending application to extend or change status (Form I-129 or Form I-539), or a pending application for adjustment (Form I-485), generally provides authorized stay, but does not provide lawful immigration status.
A person who has a timely-filed pending Extension of Status (EOS) or Change of Status (COS) application may file a Form I-485 application after his or her nonimmigrant status expires. But if USCIS denies the EOS or COS application, you are generally considered to be in unlawful immigration status as of the expiration of your nonimmigrant status and on the date the adjustment application is filed. The INA 245(c)(2) bar would then apply, unless an exemption is available.
2. You Failed to Continuously Maintain Status and/or Violated the Terms of Your Nonimmigrant Visa: INA 245(c)(2) and INA 245(c)(8) Bars
You are not eligible to file a Form I-485, Application to Register Permanent Residence or Adjust Status, under INA 245(a) if, other than through no fault of your own or for technical reasons,you have ever:
Failed to continuously maintain a lawful status since entry into the United States. [You are barred from adjustment of status under INA 245(c)(2) if you are in unlawful immigration status on the date of filing the Form I-485 application.]
Violated the terms of your nonimmigrant status, such as worked without authorization. [You are barred from adjustment of status under INA 245(c)(8) not only if you violated the terms of your most recent nonimmigrant status, but also if you ever violated the terms of your nonimmigrant status at any time during any prior periods of stay in the U.S. as a nonimmigrant.]
To be eligible for AOS, you only need to maintain your nonimmigrant status until you properly file a Form I-485 adjustment application with USCIS, so long as you do not engage in unauthorized employment after filing the adjustment application. But to protect yourself from being placed in removal proceedings if your Form I-485 is denied, you should continue to maintain your nonimmigrant status (e.g. H-1B) when possible.
When the INA 245(c)(2) and INA 245(c)(8) Bars May Be Excused
For purposes of INA 245(c)(2) and INA 245(c)(8), a failure to maintain lawful immigration status or violation of nonimmigrant status may be excused only for the specific period under consideration if:
a. The applicant was reinstated to F, M, or J status
If USCIS reinstates F or M student nonimmigrant status or if the U.S. Department of State reinstates J exchange visitor nonimmigrant status, the reinstatement only excuses the particular period of time the nonimmigrant failed to maintain status. The reinstatement does not excuse prior or future failure to maintain status.
b. The applicant's failure to maintain status was through no fault of his or her own or for technical reasons
The term "other than through no fault of his or her own or for technical reasons" is limited to the following circumstances:
Inaction of another person or organization designated by regulation to act on behalf of an applicant or over whose actions the applicant has no control, if the inaction is acknowledged by that person or organization.
Technical violation resulting from inaction of USCIS (e.g. USCIS failed to adjudicate a properly and timely filed request to extend or change nonimmigrant status).
Technical violation caused by the physical inability of the applicant to request an extension of nonimmigrant stay from USCIS in person or by mail.
Technical violation resulting from Legacy Immigration and Naturalization Service (INS)'s application of the 5-year or 6-year period of stay for certain H-1 nurses, if the nurse was re-instated to H-1 status as a result of the Immigration Amendments of 1988.
c. The applicant was granted an extension of nonimmigrant stay or a change of nonimmigrant status.
The immigration officer will consider all your current and previous entries into and stays in the United States, including current and previous applications for extension of stay (EOS) or change of status (COS).
If USCIS approves a timely filed EOS or COS application, or excuses and approves an untimely filed EOS or COS application, the approval is effective as of the date of the expiration of the prior nonimmigrant status. In that event, you will be considered to have maintained lawful status despite the gap in time between the expiration of the prior nonimmigrant admission and the date of the EOS or COS approval.
3. You Are an Employment-Based Applicant Who Is Not in Lawful Nonimmigrant Status: INA 245(c)(7) Bar
If you are an employment-based adjustment applicant who is not in a lawful nonimmigrant status at the time of filing your Form I-485 application, you are barred from adjusting status under INA 245(c)(7). This bar does not apply if you were in a lawful nonimmigrant status at the time of filing for adjustment, subsequently left the United States, and returned using an approved advance parole travel document while the adjustment application remains pending.
For purposes of this bar to adjustment, the term "lawful nonimmigrant status" includes a foreign national in a lawful status classified under the nonimmigrant statutory provisions(e.g. B1/B2 visitor, F-1 student, H-1B professional worker) and a foreign national in Temporary Protected Status (TPS).
Lawful nonimmigrant status does not include parolees, asylees, or certain other foreign nationals who are otherwise authorized to stay in the United States.
Exceptions and Exemptions to the Bars to Adjusting Status Under INA 245(a)
The INA 245(c)(2), INA 245(c)(8), and INA 245(c)(7) bars to adjustment do NOT apply to:
Immediate relatives of U.S. citizens [spouses, unmarried children under 21 years of age, and parents (if the U.S. citizen is 21 years of age or older)]
Violence Against Women Act (VAWA) self-petitioners/VAWA-based applicants
Certain foreign doctors/physicians and their accompanying spouse and children
Certain G-4 international organization employees, NATO-6 employees, and their family members
Special immigrant juveniles
Certain members of the U.S. armed forces and their spouses and children
Employment-based applicants in the 1st, 2nd, 3rd and certain 4th preference categories who meet the INA 245(k) exemption. [The INA 245(k) exemption applies if your failure to maintain a lawful status, engagement in unauthorized employment, or violation of the terms of your nonimmigrant status or nonimmigrant visa lasted only for 180 days or less since your most recent lawful admission.]
Bars to Adjustment are Different from Grounds of Inadmissibility
Bars to adjustment should not be confused with the grounds of inadmissibility listed in INA 212.
When you are inadmissible under section 212, you may not adjust status unless you qualify for a limited exception or unless a waiver of inadmissibility is available, you qualify for it, and it is granted to you. Inadmissibility grounds include health concerns (communicable disease of public health significance), criminal activity, national security, public charge, fraud and misrepresentation of material facts to gain immigration benefits, unlawful presence, and prior removals.
Consult an Experienced Immigration Attorney
Because there are various bars and inadmissibility grounds to prevent AOS, as well as exemptions and waivers available, you need to consult an immigration attorney before you file a Form I-485 application to adjust to permanent resident status.
To learn more, read our related article, Who is Eligible (and Not Eligible) for Adjustment to Permanent Resident Status?
Photo by: Max Braun
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Posted in adjustment of status, green card, H-1B, immigrant petition, immigrant visa, immigration consequences of criminal convictions, nonimmigrant visa, The Legal Immigrant - Immigration Blog, waiver
Tagged adjustment of status, Application to Register Permanent Residence or Adjust Status, Form I-485, INA 245(a), INA 245(k), permanent residence
212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It?
Posted on April 7, 2017 | Comments Off on 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It?
In this video, immigration attorney Dyan Williams discusses the 212(d)(3) nonimmigrant waiver, including answers to 4 frequently asked questions: do I need a visa with the waiver, do I qualify for the waiver, what must I prove to get the waiver, and how do I apply for the waiver?
For more information, read 212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages
Contact Dyan for advice and guidance on the 212(d)(3) nonimmigrant waiver application process.
This video provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. Immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.
Comments Off on 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It?
Posted in H-1B, immigration consequences of criminal convictions, immigration fraud, nonimmigrant visa, The Legal Immigrant - Immigration Blog, Videos, waiver
Tagged 212(d)(3) waiver, 212(d)(3)(A)(ii) waiver, INA 212(d)(3)(A) waiver, inadmissible, inadmissible nonimmigrant, nonimmigrant waiver
The Trump Factor on Immigration: To Fear or Not to Fear?
Posted on December 31, 2016 | Comments Off on The Trump Factor on Immigration: To Fear or Not to Fear?
Donald Trump's Administration will begin when Barack Obama's ends on January 20, 2017. The risk of deportation is expected to get higher for unauthorized immigrants, particularly those with illegal entries and certain criminal histories. A Trump Administration could also repeal Obama's Deferred Action for Childhood Arrivals Program (DACA) and set the stage for H-1B (professional worker) visa reform.
These are just some of the potential changes in U.S. immigration, if you accept Trump's rhetoric at face value.
Here's how the Trump Factor could affect immigration if his 10 Point Plan to Put America First and election campaign promises are carried out:
1. "Begin working on an impenetrable physical wall on the southern border, on day one." (#1 on Trump's 10 Point Plan)
"Build that wall! Build that wall!" was a popular chant at Trump's campaign rallies. According to Trump, the wall would cover 1,000 miles of nearly 2,000 miles of the southern U.S-Mexico border, with half of that protected by natural barriers.
As of today, there are already 700 miles of border fencing and some of it includes metal wall. There are also U.S. Border Patrol agents, drones, scanners and cameras protecting the border. A record number of removals and returns occurred under Obama.
Between 2000 and 2010, U.S. taxpayers spent $90 billion on border security. The costs involve deploying National Guard troops to the border, paying U.S. Customs and Border Protection (CBP) agents, building barriers, employing drug-sniffing dogs, and using predator drones.
Whether "an impenetrable physical wall" is built will depend on various factors, including who pays for it. Trump says Mexico will foot the bill. Otherwise, it might take an act of Congress to obtain funding for the wall.
A wall is mostly symbolic. It's not enough to keep out unauthorized immigrants, especially those possessing fraudulent travel documents or those misusing their visas or the visa waiver program. Border security requires constant monitoring by properly trained CBP agents.
2. "End catch-and release." (#2 on Trump's 10 Point Plan)
Ending the so-called "catch-and release" policy will bring more serious immigration consequences to noncitizens stopped at the border. Trump's plan is to detain anyone who illegally crosses the border until he/she is removed from the country.
In November 2014, the Obama Administration issued a Policy Memorandum on the apprehension, detention and removal of undocumented immigrants. The policy divided enforcement priorities into three general categories:
Priority 1: Aliens who pose a threat to national security, border security, or public safety.
Priority 2: Aliens who are misdemeanants and new immigration violators.
Priority 3: All other immigration violators.
The Policy Memorandum instructs the agencies to focus on priority one and priority two offenders. If the Memorandum is withdrawn by Trump, each local ICE agency will have more freedom to decide who it wants to remove from the U.S.
Policy Memorandums are opinion letters from agency heads instructing CBP, U.S. Immigration & Customs Enforcement (ICE) and U.S. Citizenship & Immigration Services (USCIS) how to enforce current law. The Trump Administration may readily revoke Policy Memorandums, and replace them with new, hard-line ones – consistent with laws already passed by Congress
While the Obama Administration prioritized the removal of criminal non-citizens and repeat offenders, Trump has vowed to detain all persons who enter the U.S. illegally and spare no group of unauthorized immigrants. This spells an increase in immigration detention, removal proceedings before immigration courts, and expedited removal at the border or ports of entries.
Resources are limited. If there is no formal prioritization for immigration enforcement, more immigration judges and prosecutors will be needed to prevent increased backlog in the removal system.
3. "Move criminal aliens out day one, in joint operations with local, state, and federal law enforcement." (#3 on Trump's 10 Point Plan)
"Criminal aliens" is a very broad term. "Aliens" include lawful permanent residents (green card holders) because they are not U.S. citizens. Criminal offenses range from misdemeanors to felonies. There are various types of crimes, such as DUI, assault, drug possession, theft, fraud, domestic violence, and murder.
Criminal convictions can lead to a non-citizen being deported from the U.S., denied entry (or reentry) into the U.S., and stripped of immigration benefits, including permanent residence. The immigration consequences continue long after the person has already served his sentence.
But under current immigration law, not all non-citizens with criminal offenses are subject to removal or denial of entry on crime-related grounds. For example, a noncitizen is deportable if convicted of a Crime Involving Moral Turpitude (other than a political offense), but only when it was committed within five years after the date of his admission to the U.S., and for which a sentence of one year or longer may be imposed.
In addition, the U.S. Constitution provides due process and equal protection to all persons, including "criminal aliens. " In a 2001 case, Zadvydas v. Davis, the U.S. Supreme Court reaffirmed that the due process clause applies to aliens whose presence may be or is "lawful, unlawful, temporary, or permanent."
Existing immigration law also permits defenses against removal and applications for relief from removal before the Immigration Court, if the person is eligible.
Due to Constitutional rights, legal obstacles, and limited cooperation from certain local law enforcement agencies, it will be very difficult for the Trump Administration to move criminal aliens out day one.
Still, Trump will get help from the U.S. Attorney General, who is in charge of the Justice Department's Executive Office for Immigration Review, including the immigration courts. The office sets standards for hiring and selecting immigration judges, and for training them on how to apply immigration law.
Sen. Jeff Sessions (R-Ala.) has been picked by Trump for Attorney General and, if confirmed, will influence immigration policy. The Attorney General may issue legal opinions to promote executive actions; hire more hard-line judges for federal immigration courts; and challenge the legality of state immigration policies.
4. "End sanctuary cities." (#4 on Trump's 10 Point Plan)
Since Trump's election, many "sanctuary" counties and cities, like New York, Minneapolis-St. Paul, San Francisco and Seattle have vowed to limit their cooperation with federal immigration authorities. They won't stop immigration authorities from enforcing federal law within their boundaries. But they will focus on local law enforcement so residents don't avoid talking to the police out of fear of deportation risks.
An "immigration hold" (detainer) is one of the key tools ICE agents use to apprehend individuals who come in contact with local and state law enforcement agencies and place them in the federal removal process.
An ICE detainer is a written request to a local jail or other law enforcement agency to detain persons for an additional 48 hours (excluding weekends and holidays) after their release date to permit ICE to decide whether to take them into federal custody for removal purposes. ICE detainers are not followed in some counties and they have been challenged in federal courts.
Threats to cut federal funding to "sanctuary" counties and cities do not make an effective long-term strategy.
5. "Immediately terminate President Obama's two illegal executive amnesties." (#5 on Trump's 10 Point Plan)
During his two-term Administration, Obama has never granted "amnesty" – at least not to the extent that President Reagan did when he signed the 1986 Immigration Reform and Control Act that permitted 3 million undocumented immigrants to apply for lawful immigrant status.
Through executive policy, Obama introduced the Deferred Action for Childhood Arrivals (DACA) program on June 15, 2012. DACA was made available to undocumented immigrants who were under the age of 31 and who came to the U.S. before age 16. Certain other eligibility requirements also have to be met, such as no conviction of a felony, significant misdemeanor,or three or more other misdemeanors, and no threat to national security or public safety.
While DACA provides relief from removal, work authorization, and authorized stay in the U.S., it does not offer a path to permanent residence or citizenship or provide lawful immigration status in the U.S. Moreover, USCIS may share the information in a DACA request with national security and law enforcement agencies, including ICE and CBP, for purposes other than deportation, including to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a crime.
The expanded DACA and new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs, that were expected to kick in on February 18, 2015 and May 19, 2015, respectively, were put on hold by a federal court injunction.
In a February 16, 2015 decision, U.S. District Court Judge Andrew Hanen in Texas sided with the Texas-led coalition of 26 states that filed a lawsuit to block the implementation of the expanded DACA and the new DAPA. Then in a June 23, 2016 decision, the U.S. Supreme Court affirmed the judgement in a 4-4 decision, effectively blocking the programs from being rolled out.
DACA and DAPA were intended to protect undocumented immigrants in low-priority categories from removal and bring them out of the shadows. But in his 10 Point Plan, Trump notes, "Anyone who enters the U.S. illegally is subject to deportation. That is what it means to have laws in this country." Taken literally, this statement reveals that even undocumented immigrants who came to the country illegally as children, and who grew up in the U.S., do not have to be considered low priority for removal.
There is a growing fear of detention and removal among DACA recipients, who listed on the DACA applications all their residential addresses from the time they entered the U.S. Locating DACA recipients is easier than finding undocumented immigrants who never applied for the relief.
Some immigration attorneys are advising DACA recipients to avoid filing for renewals at this time, until the future of the program is decided after Trump takes office. Others recommend DACA renewals be filed while the program is still intact.
During his campaign, Trump promised to rescind such executive actions and orders by Obama. He may revoke DACA altogether or issue an order preventing new DACA applications or renewals. Whether the Trump Administration will use the addresses on the DACA applications to initiate removal proceedings is a concern. But for practical, political and financial reasons, Trump will likely prioritize removal of unauthorized immigrants with serious criminal records, just like Obama.
A repeal of Obama's executive actions does not prevent immigrant relief passed by Congress. On December 9, 2016, Sen. Dick Durbin (D. Ill.) and Sen. Lindsey Graham (R-S.C.) introduced legislation called the Bar Removal of Individuals who Dream and Grow Our Economy (BRIDGE Act), to protect persons who would otherwise qualify for DACA.
6. "Suspend the issuance of visas to any place where adequate screening cannot occur, until proven and effective vetting mechanisms can be put into place." (#6 on Trump's 10 Point Plan)
The President sets the number of refugees who will resettle in the U.S. each year. The Obama Administration met its target of settling at least 10,000 Syrian refugees in the U.S. by the end of fiscal year 2016. On the other hand, Trump expressed his intent to halt the Syrian refugee program and "suspend immigration from terror-prone regions where vetting cannot safely occur." The regions include Syria, Afghanistan and Somalia, which produce half of the world's refugees.
The Trump Administration could also implement additional security protocols to make it harder for applicants who are Muslim, believed to be Muslim, or from Muslim-majority countries to obtain visas, especially tourist/visitor visas and other nonimmigrant visas. Trump may issue an executive order to temporarily suspend or cancel entry to the U.S. on nonimmigrant visas from target countries. Even if such a policy is eventually struck down by the courts, it will slow down visa processing for all applicants.
The processing of I-130 (family-based) and I-140 (employment-based) immigrant petitions, which is the first step in obtaining an immigrant visa at the U.S. Consulate, is unlikely to be affected by a Trump Administration. Filing fees, not tax dollars, provide funding for USCIS' review of immigrant petitions. The availability of immigrant petitions in the family-based and employment-based categories is also governed by statutory law, not by the President.
Immigrant-based visas such as the F-1 fiance visa and CR immigrant visa already have strict requirements. Nevertheless, the Trump Administration could suspend the issuance of such visas until more vetting mechanisms are implemented.
6. "Reform legal immigration to serve the best interests of America and its workers, keeping immigration levels within historic norms." (#10 on Trump's 10 Point Plan)
Legal immigration is governed by regulations and legislation, not by a President's executive action. The President's immigration policy must operate within the bounds of existing law. The President has limited power to regulate and deregulate. Only Congress has power to introduce and pass immigration laws.
A regulation is much harder to rescind than an executive order. The Administrative Procedure Act requires all regulations to be published in the Federal Register, undergo public notice-and-comment, receive financial consideration by the Office of Management and Budget, and be finalized for rulemaking. The I-601A Provisional Unlawful Presence Waiver is one example of a regulation.
Under statute passed by Congress, a person is generally barred from reentering the U.S. for 3 years if he accrued more than 180 days to less than 1 year of unlawful presence before leaving the U.S. The bar to reentry is 10 years if the unlawful presence lasted 1 year or more. The 3/10 year bar is triggered when the person departs the U.S. (without advance parole) to apply for an immigrant visa. The unlawful presence waiver, which is available under statutory law, excuses certain eligible persons from the 3/10 year bar.
On March 4, 2013, the Obama Administration introduced the I-601A regulation modifying the process for applying for the unlawful presence waiver. It allows eligible immigrant visa applicants to file for the waiver while they are still in the U.S. if the 3/10 year bar is the only ground that prohibits reentry to the U.S. The final rule expanding the I-601A waiver to all statutorily eligible applicants went into effect on August 29, 2016.
A new President may suspend the effective date of regulations that have yet to take effect. During the suspension, the Administration decides whether to begin a regulatory process to repeal the regulation and prevent it from taking effect. For regulations passed in approximately the last eight months of the prior Administration, the new Administration may ask Congress to use the Congressional Review Act to overturn a recently issued regulation. The Act, however, may not be used on any regulations issued before May 2016.
If Trump wants to change or cut the I-601A waiver process, he will have to introduce a new regulation, have the regulation go through public notice-and-comment, make adjustments, and then have the final rule published. While elimination of the I-601A process is possible, this does not seem to be a high priority for Trump.
Legislation, passed by Congress, is the toughest to repeal and replace. Comprehensive Immigration Reform has been discussed extensively, but no new broad bills have been enacted for decades. Although the House and Senate are controlled by Republicans, they do not all agree with Trump's proposed plans.
Permanent changes to the Immigration and Nationality Act, which governs legal immigration, including which persons are eligible for permanent residence, naturalization, or relief from removal, requires an act of Congress. Legislative changes require approval of bills by both the House and Senate. The President has limited veto power.
Trump's 10 Point Plan promises to return U.S. jobs to U.S. workers. He vowed to suspend the North American Free Trade Agreement (NAFTA), a three-country accord negotiated by the governments of Canada, Mexico, and the U.S., which went into effect on January 1994. The treaty contains the TN visa category for professionals from Mexico and Canada. If Trump suspends NAFTA, the TN visa could also go away.
Trump has also criticized the H-1B professional program. With an annual cap of 65,000 per year, plus an additional 20,000 for foreign workers with a U.S. master's degree or higher, the H-1B program is subject to legislative changes by Congress.
With U.S. business interests at stake, and general support of the H-1B program from both Republicans and Democrats in Congress, the nature of H-1B reform (if any) is uncertain. An expansion of the H-1B visa program is unlikely if the Republican-controlled Congress falls in line with Trump's promises. Instead, Congress could introduce an American-worker-first element that requires recruitment of U.S. workers prior to filing an H-1B petition for a foreign worker.
To Fear or Not to Fear?
Trump's 10 Point Plan and campaign promises are a legitimate source of fear for immigrant communities. But campaign talk is not always followed by action. U.S. Presidents lack unfettered power, fail to carry out plans, and do the opposite or a watered-down version of what they said they would do.
No one can fully predict the impact of a Trump Administration on immigration. Uncertainty breeds fear. But the fear is not necessarily based on reality.
If you are an undocumented immigrant or noncitizen with concerns about removal from the U.S. or being denied entry into the U.S., your best step is to consult an immigration attorney about your options under current law, regulation or policy. An experienced and attentive attorney can also guide you through immigration changes under a new Administration.
Photo by: BBC World Service
Comments Off on The Trump Factor on Immigration: To Fear or Not to Fear?
Posted in deferred action, expedited removal, green card, H-1B, immigration consequences of criminal convictions, The Legal Immigrant - Immigration Blog
Tagged catch and release, DACA, Donald Trump, H-1B, santuary cities, Trump, Trump Administration
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Larry Nassar's victims vow to fight on after third sentence
By Associated Press| 3 years ago
Sentenced to 125 years yesterday
The worst sex-abuse case in sports history ended Monday with a third long prison sentence for Larry Nassar, and his victims vowed to keep fighting for accountability in the scandal that upended the gymnastics world and raised alarms about the sport's ask-no-questions culture.
Long after the disgraced doctor is locked up in a federal prison, investigations into his misconduct will go on, perhaps for years.
Larry Nassar listens during sentencing. Photo: AAP
"We have taken care of one perpetrator. We have not taken care of the systems that allowed him to flourish," said Rachael Denhollander, who filed a police report in 2016 about how Nassar had molested her 16 years earlier, when she was 15, with her mother in the room.
The latest sentence of 40 to 125 years was for molesting young athletes at Twistars, an elite Michigan gymnastics club. The sentence is largely symbolic because Nassar, who pleaded guilty, is already assured of spending the rest of his life behind bars. Before serving his two state terms, the 54-year-old must first serve 60 years in federal prison for child pornography crimes.
An astonishing 250-plus women and girls gave statements in two Michigan courtrooms over 10 days of proceedings. The focus will soon shift to lawsuits and multiple probes of Nassar's actions and those of people around him when he worked for Michigan State University and USA Gymnastics, the sport's governing body.
Former gymnast Rachael Denhollander, who was one of the first women to accuse Nassar of sexual abuse, hugs a friend on the final day of sentencing. Photo: AAP
Those inquiries include a special prosecutor in Michigan, a law firm investigating the U.S. Olympic Committee and a Texas Rangers review of claims that Nassar assaulted some of the world's best gymnasts while they trained at a ranch southeast of Huntsville.
The NCAA has signaled that it may investigate potential rules violations related to Nassar's crimes. The Education Department is reviewing how Michigan State handled complaints about Nassar. And there are calls for Congress to investigate USA Gymnastics.
Larissa Boyce and another teen gymnast in 1997 reported Nassar to Michigan State's then-gymnastics coach, but he was not investigated until 2004, when another teen filed a complaint with police. Even then, that report did not result in criminal charges.
Larry Nassar's attorney Shannon Smith caused outrage last week by saying she didn't believe all of his accusers were abused . Photo: AAP
"I felt like a weight lifted off of me," Boyce said of Nassar's latest sentence. "Finally, I don't have to face him in court anymore."
Boyce said she hopes the university and USA Gymnastics will "show the world how Nassar's actions were missed, the mistakes that were made ... so that other people can take a look and make changes where they need to make changes so this never happens again."
Katie Black, a Michigan State student who said she was sexually assaulted by Nassar when she was younger, returned for the sentencing after speaking in court Friday, when she blamed the school's inaction for causing such widespread pain.
"I feel almost a sense of closure and that this is all over and things are going to be taken care of," Black said.
Nassar listened to 48 victims for two days last week and was almost attacked by a man whose three daughters said they were abused.
His abuse "robbed these girls and women of one of the most truly important human qualities — trust," Eaton County Judge Janice Cunningham said.
In a brief statement before he was sentenced, Nassar attempted to apologize.
"It's impossible to convey the breadth and depth of how sorry I am to each and every one," he said.
Randall Margraves, left, father of three victims of Larry Nassar, background right, lunges at Nassar. Photo: AAP
In all, some 265 women and girls have reported being molested by Nassar. Some of the cases date back to the 1990s. The judge said the abuse "spans the country and the world," noting that she heard from participants not only in gymnastics but also soccer, figure skating, rowing, softball, cheerleading, wrestling, diving, dance, and track and field. Other victims were non-athletes treated for back, leg and other injuries, she said.
Many of the accusers described an ultra-competitive gymnastics culture in which authority figures could not be questioned and Nassar was free to abuse young patients year after year. They said they had little choice to see doctors other than Nassar, who was renowned throughout the sport.
Assistant Attorney General Angela Povilaitis said people must stop blaming the victims and their parents, who have been criticized online, on the radio and elsewhere. She said people are taught to trust doctors above all, especially those who appear to be world-class.
"It could have happened to any parent," she said, noting that Nassar tricked parents who were police officers, doctors and engineers. "Regardless of their profession, he fooled them all."
Most victims who wanted to speak publicly or submit a statement did so earlier during Nassar's seven-day court hearing in Ingham County, including 2012 Olympic teammates Aly Raisman, Jordyn Wieber and McKayla Maroney.
Larry Nassar in Eaton County Court. He must serve his federal sentence of 60 years for child porn charges before his two criminal sentences begin. Photo: AAP
The scandal has rocked Michigan State. Lou Anna Simon resigned as the university's president on Jan. 24, and athletic director Mark Hollis followed two days later.
The fallout has also pushed out many leaders at the top of competitive gymnastics.
The Olympic coach who operated Twistars, John Geddert, was suspended last month by USA Gymnastics until it completes its own investigation. Geddert, who coached the "Fierce Five" that won a team gold in 2012 in London, announced his retirement. And all of the agency's board members recently stepped down at the demand of the Olympic committee.
Denhollander blasted Michigan State for continuing to fight victims' lawsuits.
"At every turn, they have twisted words. They have refused to answer questions. They have put institutional protectionism ahead and above the souls of little children," she said.
With the criminal proceedings done, she said, victims "will now be turning our attention with even greater force to the institutional dynamics that led to the greatest sexual assault scandal in history."


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95 96 Ganoderma also possesses a non-competitive cholesterol esterase inhibitor, the enzyme that is required for dietary cholesterol to be absorbed.
Sheng Li Xue Bao.The differential immunological activities of Ganoderma lucidum on human pre-cancerous uroepithelial cells.The name, ganoderma is derived from the, greek ganos / "brightness, sheen hence "shining" and derma / "skin".Regression of prostate cancer following administration of Genistein Combined Polysaccharide para ganar volumen mas peso y menos repeticiones (GCP a nutritional supplement: a case report.(2002) Yoshida H,.Triterpenes from the spores of Ganoderma lucidum and their inhibitory activity against HIV-1 protease.Dosing The appropriate dose of reishi mushroom depends on several factors such as the user's age, health, and several other conditions.(2012) He CY,.A b Wachtel-Galor, Sissi (2011).In diabetic mice, Ganoderma polysaccharides have been shown to reduce morphological damage to kidney tissue and exert a protective effect on kidney tissue.Cellular and molecular mechanisms of immuno-modulation by Ganoderma lucidum.(2009) Liu J,.(2002) Lin SB,.Acute studies In rats, oral doses of 5g/kg bodyweight water-soluble Ganoderma Extract is not associated with any abnormal effects or toxic symptoms.


Meriwether, J. Third geopressured-geothermal energy conference.Vol 2, article, November 16, 1977; United States. (https://digital.library.unt.edu/ark:/67531/metadc1105920/m1/3/: accessed April 25, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.


text:
Booksellers/Media
Journal Authors/Editors
Prospective Journals
Licensing and Subsidiary Rights
search filter Books & JournalsAll JournalsThe Philosophical Review
About The Philosophical Review
Book Review| July 01 2019
A Liberal Theory of Collective Rights
Seymour, Michel
Montreal: McGill-Queen's University Press
Dwight Newman
The Philosophical Review (2019) 128 (3): 375–378.
https://doi.org/10.1215/00318108-7537400
Dwight Newman; A Liberal Theory of Collective Rights. The Philosophical Review 1 July 2019; 128 (3): 375–378. doi: https://doi.org/10.1215/00318108-7537400
Can there be a non-individualist liberalism that grounds collective rights for peoples? It is this tension-laden question to which Michel Seymour attempts to offer an affirmative response in A Liberal Theory of Collective Rights. In this book, the author presents a theory of peoples' collective rights that consciously attempts to build upon Rawls's Political Liberalism(2005). In doing so, he joins a series of recent attempts to develop a philosophical account of collective rights that remains consistent with many liberal principles, including strong claims of individual rights. Generally, these accounts have sought to move beyond the overly constraining conclusions of Will Kymlicka's approach, which advocates for group-differentiated cultural rights but defends cultures as providing contexts of choice, and thus does not ultimately permit collective rights that might restrict individual choice (Kymlicka 1989, 1995). Like others within this movement, Seymour...
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Tennis Courts Map Directory > Latest News > News > Baez Breaks New Ground With Musetti Upset In Milan
Baez Breaks New Ground With Musetti Upset In Milan
Sebastian Baez did not read the script Tuesday as he overcame home favourite Lorenzo Musetti 4-1, 4-1, 3-4(5), 4-3(5) at the Intesa Sanpaolo Next Gen ATP Finals in his first tour-level hard-court match.
The Argentine has won five ATP Challenger Tour titles in a standout 2021 season with all coming on clay. However, Baez made a seamless transition to the indoor-hard conditions at the Allianz Cloud in Milan to move to 1-0 in Group B.
"I feel so good," Baez said in his on-court interview. "It was a great match and I am happy to win as Lorenzo is a great player. He started to play better and the crowd began to really support him. It is special for us when you are in your own country with the energy from the people. I tried to stay in the moment and think about the next point."
First upset of the @intesasanpaolo #NextGenATPFinals. Sebastian Baez defeats local boy Lorenzo Musetti 4-1, 4-1, 3-4, 4-3 🙌 pic.twitter.com/WLd5Cg5n9r
— Next Gen ATP Finals (@nextgenfinals) November 9, 2021
The Italian Musetti, who reached tour-level semi-finals in Acapulco and Lyon this year, was making his debut at the 21-and-under event in Milan. But he struggled to find top form in front of his home supporters as Baez hit through the 19-year-old with his power and depth in an impressive performance to advance after one hour and 39 minutes in their first ATP Head2Head meeting.
Throughout the match, Baez made the most of the courtside coaching rule that is one of the innovations in place at the event, engaging with Sebastian Gutierrez for guidance. And this paid off with Baez, who won 83 per cent (40/48) of his first-serve points, capitalising in the big moments as he broke three times en route to his victory.
The World No. 111 joins Sebastian Korda on one victory in Group B after the American became just the second player in the tournament's history – alongside Borna Coric at the inaugural edition in 2017 – to fight back from two-sets-to-love down, downing Hugo Gaston 3-4(2), 3-4(6), 4-0, 4-3(3), 4-0.
In a challenging evening, the World No. 58 was impaired physically at times against Baez, receiving a medical time out at the start of the third set before continuing. Unlike at regular ATP Tour events, players are only eligible for one medical time out at the Intesa Sanpaolo Next Gen ATP Finals.
Australian Open: Andy Murray, Nick Kyrgios & Liam Broady on John Cain Arena 18 January 2022


Kohima, March 22 (MExN): Nagaland State TB Cell will be observing World TB Day with the theme "It's Time "on March 24 at Rivenburgs Memorial Chapel, Mission Compound, Kohima at 11:30 am along with Student's Christian Fellowship. IEC, State TB Cell (RNTCP) in a press release informed that awareness programme on Tuberculosis (TB) and IEC materials will be distributed during the event.
Dimapur, March 22 (MExN): One unidentified male non-local deceased body was found beside Traffic Control Zone – I, Dimapur on March 22. A press release from ADC of Police/PRO, Dimapur stated that after conducting all legal formalities, the deceased was shifted to Civil Hospital Morgue for Post mortem examination and identification. The deceased was wearing white colored jacket, pink colored sweater, olive green long pant and hunting boots.
Mon, March 22 (MExN): The Chi Students' Union (CSU) today condemned the alleged molestation of a minor girl by two individuals on March 16. CSU President, C Pangkhah and Action Secretary, B Honshong in a press release stated that the two individuals were "caught red handed" by volunteers of CSU while "molesting a minor girl from Chi-Guching village at the village proximity in the midst of many passerby." Condemning "such an uncivilized and unhealthy act," which is "against law and against all humanity," the union "strongly warned of stern action against any individual(s) found indulging in any such anti-social activities within its jurisdiction in the near future defaming and tarnishing the good image of the village." The release added that the two accused were released on March 17 on "humanitarian ground after questioning and signing a bond agreement not to repeat the same." The union further wished a speedy recovery to the victim from the physical and mental trauma.


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Entertainment: Television picks for the week
This week's television picks: Devon and Cornwall, Monday 18th January, 8.00pm-9.00pm, Channel 4 Millions of visitors make their way to both Devon and Cornwall each year, in search of adventure, culture and stunning scenery but these proud regions are more than just playgrounds for tourists. From the beautiful lofty heights of the moors to the... Read More
Anne Hegarty, Brains and Automobiles, Chasers, Cornwall, Cornwall and Devon Walks with Julia Bradbury, Devon, Devon and Cornwall, Emergency Helicopter Medics: Home Emergencies, entertainment, Julia Bradbury, Mark Labbett, Royal Antiques Revived, Seth Lakeman, Shaun Wallace, television, The Chase, The Chasers' Road Trip: Trains, TV
The Music Scene: Neptune's Daughter by Kerri Watt
Glaswegian singer-songwriter Kerri Watt sees her years of work and passion come to fruition with the release of her long-awaited debut album, Neptune's Daughter, writes Nick Benson. Delayed due to the ongoing global situation, Kerri Watt's debut album, Neptune's Daughter, was originally recorded back in 2018 with Texas-based producer Machine. Not every day does the opportunity arise... Read More
Kerri Watt, Neptune's Daughter, Watt
Food & Drink: Plant-based alternatives proving major hit
Millions have unveiled they are ready to ditch their favourite meat-based meals in favour of plant alternatives. According to new research commission by Merchant Gourmet, comforting classics such as beef burgers and chicken curries will no longer be on the menu FOREVER for many. Instead, Brits will be swapping them in for substitutes – thanks... Read More
diet, food, meal, plant-based
This week's television picks: Scotland's Costal Railways with Julie Walters, Sunday 10th January, 6.15pm-7.45pm, Channel 4 In this 90-minute special, national treasure Julie Walters travels the beautiful coastal railways of Scotland and meets the people who live and work along its shoreline. With her combination of warmth, humour and naughtiness, Julie makes for a delightful... Read More
Cornwall and Devon Walks with Julia Bradbury, entertainment, Happy Birthday Mr Bean, Junior Bake Off, Mr Bean, Scotland's Costal Railways with Julie Walters, television, The Yorkshire Dales and The Lakes: Season by Season, TV
The Music Scene: Some Kind of Peace by Ólafur Arnalds
Icelandic multi-instrumentalist Ólafur Arnalds shares his journey of creative growth set against the backdrop of a chaotic world in his latest album, Some Kind of Peace, writes Nick Benson. Ólafur Arnalds is one of the most influential musicians of modern times: a multi-faceted talent, who has paved the way across the electronic and classical worlds. His... Read More
album, music, Ólafur Arnalds, Some Kind of Peace
Healthcare Marvels praised in new comic book series
Comic book giant Marvel is celebrating real-life heroes in its new comic book, The Vitals: True Nurse Stories. The new comic is the result of a collaboration between Marvel Comics and the Allegheny Health Network (AHN), a non-profit, 13-hospital academic medical system based in Pittsburgh. Each character and story featuring in the comic book comes from... Read More
comic, comics, healthcare, Marvel
The Music Scene: Together At Christmas by Michael Ball and Alfie Boe
The only non-family duo to have topped the album charts three times, Michael Ball and Alfie Boe prove that friendship and togetherness really is what everyone needs, this year more than ever, in their new festive album, Together At Christmas, writes Nick Benson. Two of the greatest voices in the world and now the most successful... Read More
Alfie Boe, ball, Ball and Boe, Boe, Michael Ball, Together At Christmas
One in five Brits ditch traditional turkey for plant-based Christmas dinner
One in five Brits will be ditching traditional turkey in favour of a plant-based Christmas dinner this year, according to new research. Research commissioned by the UK & Ireland Mushroom Producers, a partnership between British and Irish mushroom farmers and producers, revealed that plant-based Christmas dinner options have soared with over 13 per cent of... Read More
Christmas, dinner, plant-based, vegan, vegetarian


Speaking at the State of Industry panel at Seatrade Cruise Global this week, the industry's executives focused on the opportunities and challenges that growth is presenting.
The executives all expressed their satisfaction in the industry's current performance. Richard Fain, Chairman and Chief Executive Officer of Royal Caribbean Cruises, summarized the overall sentiment calling it "a very good time period," while Frank Del Rio, Chief Executive Officer and President of Norwegian Cruise Line Holdings highlighted the record performance noting that all three of Norwegian's brands each had strong performance, as did the entire industry, in 2018. Del Rio says that he does not see "any kind of slowdown on the horizon," a view shared by each of the cruise line executives.
Indeed, the industry association, Cruise Lines International Association (CLIA), highlighted that the final passenger counts for 2018 had exceeded expectations. CLIA says that the numbers demonstrate the health of the industry with seven percent growth in 2018 to over 28.5 million people, prompting CLIA to increase its forecast for 2019 to 30 million passengers worldwide.
Despite the positive expectation, Arnold Donald, President and Chief Executive Officer of Carnival Corporation, highlights that the cruise industry none the less remains capacity constrained in comparison to worldwide demand and the limited number of shipyards with the specialized experience needed to build cruise ships, the time necessary to build a cruise ship, and the investment required, means that cruising can only grow at around the seven percent level.
As part of its growth, the cruise industry also continues to welcome new entrants, a development the executives acknowledge both for "keeping the industry on its toes" as well as introducing new concepts. Fain points out that cruising is not "one size fits all." Del Rio reminded the audience that "over time all ships get bigger," as they need space for new features. It is also this high level of diversity that they believe has helped to widen the appeal of cruising.
The executives, however, remain very conscious the business remains a small part of the global tourism industry. While worldwide global tourism is growing rapidly – today it accounts for 10.4 percent of the global economy according to the UN World Travel Organization – cruising's 30 million passengers is only a small part of the 1.4 billion worldwide travelers annually. Carnival's Donald, in fact, highlights that major destinations such as Las Vegas and Orlando each have more tourists annually than the entire cruise industry.
Therein the executives believe lies the opportunities for cruising to capture a greater share of the worldwide tourist market. Donald points to the industry's "over indexing with Millennials" along with the strong interest from travelers who have the time and money to enjoy the diversity of cruising. Donald highlights that more and more baby boomers are reaching retirement age which is also a positive trend for cruising and helping to fuel the trend in multi-generational travel.
Social media is one of the key factors contributing to cruising's increase popular as a vacation form, according to Pierfrancesco Vago, the Executive Chairman of MSC Cruises. "Word of mouth – social media – is contributing and building awareness," says Vago. Similarly, Royal Caribbean's Fain believes the growth of these new communications channels is good for the industry pointing out, Millennials research using the Internet and are less prone to preconceived notions about the business. "Interest is higher in cruising in Millennials versus baby boomers," points out Fain.
The executives highlight the industry's growing emphasis on sustainability and track record in improving ships' environmental impact and carbon footprint. "50 million people a year pass through the Barcelona Airport," points out Vago comparing it to the two million cruise passengers that also pass through port. Vago pointed to the cruise lines efforts to work together managing passenger flow by coordinating arrival and departure times in port as an example of how the cruise lines have worked with local communities to reduce the negative perceptions of the business. Christine Duffy, the President of Carnival Cruise Line, speaking as part of a female executives' panel conceded, "There has been a lot of focus on the government level," admitting they needed to "do more on the community level, to learn, listen and understand," to address the concerns.
While cruising has made significant progress on many fronts, and is working better with destinations and local communities, the executives also understand that there are other challenges yet to be addressed. Lisa Lutoff-Perlo, President and Chief Executive Officer of Celebrity Cruises, speaking as part of a panel of female executives in the cruise industry, noted that she, "felt a responsibility," as a female leader but also "a huge opportunity in the shipboard operations," side of the business. "Balancing gender on board is not that easy," Lutoff-Perlo concedes despite the strong progress Celebrity and other lines have made. Jan Swartz, President of Princess Cruises agrees, "There is a lot still to do on the deck and engine," side of the operations.
The cruise industry faces a strong challenge to attract and retain qualified personnel at all levels of its operations. The female executives highlighted that it is important not only to work on diversity but also inclusion to unlock value for the industry. "We want to be an industry that communities welcome," concluded Lutoff-Perlo.
The executives remain optimistic pointing to markets such as China, which Swartz predicted, "will be the largest cruise market in the world." Del Rio also pointed to the industry's return in the Eastern Mediterranean ports as something that will contribute to attracting more passengers and as a signal better stability in the region.
Everyone agrees that cruising has made significant progress on many of the concerns and is committed to leading on key issues from sustainability to diversity and creating opportunities for a broad range of communities around the world.


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Kevin Hart Could Still Host the Oscars, Talks Homophobic Tweets Controversy on 'Ellen'
Television By TooFab Staff | January 4, 2019 12:41 AM
The Best and Worst Dressed Stars of Oscars' Past
Ellen DeGeneres tries her best to convince "The Upside" star to reconsider hosting, and even spoke with the Academy Awards on his behalf.
Don't count Kevin Hart out as host of the Oscars entirely. Especially if Ellen DeGeneres has anything to say about it.
After taping his appearance scheduled for Monday on "Ellen," the host took to Twitter to say that she'd made the decision to air it as soon as possible, so their hour-long chat got bumped up to Friday instead.
Kevin Hart's Oscars Fiasco Over Homophobic Tweets Ignites Hollywood Criticism and Ideas for Better Hosts
It was an unfiltered and uncensored conversation, and one that felt very timely and important to have as outrage culture continues to dominate our society. Kevin grew very passionate in explaining why he ultimately made the decision to back out of hosting the Oscars amid a growing tirade of personal attacks.
I had an incredible and honest conversation with @KevinHart4real about hosting the #Oscars. It was supposed to air on Monday. I don't want you to have to wait, so now it's gonna air tomorrow.
-- Ellen DeGeneres (@TheEllenShow) January 4, 2019
But then Ellen showed equal passion in explaining why he should host the Oscars, and the efforts she'd already made that make it a very real possibility he could still return as host for the February 24 event.
Jerry Seinfeld Weighs in on 'Brilliant' Kevin Hart's Oscars Fiasco: 'Who Got Screwed in That Deal?'
Why He Walked Away (In His Words)
It all went wrong immediately for Kevin Hart, the morning after he was announced as the 2019 Oscars host, in fact. Suddenly, decade-old homophobic tweets had been resurfaced and social media outcry was that he should quit immediately. But Kevin didn't apologize, at first.
When it happened, my first thought was I'm gonna ignore it. I'm gonna ignore it because it's ten years old. This is stuff I've addressed. I've talked about this. This isn't new. I've addressed it. I've apologized for it. I'm not gonna pay it any mind, because when you feed into that stuff, you only add more fuel to the fire.
Unfortunately, this fire didn't need any more fuel. It was fast-burning and it didn't seem to matter that he'd already addressed and apologized for these tweets in the intervening decade.
Nobody's finding the apologies. Nobody's finding the footage from where I had to address it. I had to address it when I did 'Get Hard' promo with Will Ferrell, because of my joke that I had about my son. I had to address those tweets in 2012 in a very, very heavy junket where I was asked questions about homophobia based on those tweets. And I had to address it and apologize and say I understand what those words do and how they hurt. I understand why people would be upset, which is why I made the choice to not use them anymore. I don't joke like that anymore because that was wrong. That was a guy that was just looking for laughs and that was stupid.
Should Kevin Hart Have Stepped Down as Oscars Host? Sherri Shepherd, Rachel Lindsay, Dr. Ish Major Weigh In
Before he knew it, Kevin was seemingly facing an ultimatum from the Academy of Motion Picture Arts & Sciences: apologize or be replaced as host. But as he saw it, he had no choice at all. Even if he stayed on as host -- something he's dreamed about his whole career -- it tarnishes the evening.
The Oscars is no longer about Kevin Hart stepping up onto that stage and taking an intense night where people are so uptight and making it loose and fun -- that's my reason for doing it, I'm going to bring fun to the Oscars ... Now all of a sudden it's a little darker because the conversation isn't about me hosting the Oscars, the conversation is about Kevin Hart's tweets from ten years ago and homophobia. I don't want to step on that stage and make that night about me and my past when you've got people who have worked hard to step on that stage for the first time and receive an award.
The larger issue, though, that Hart believes needs to be addressed is this outrage culture that we live in that he doesn't see believing in forgiveness or personal growth. If you've made one mistake in your life, you're done. Forever. Or you have to be prepared to keep apologizing for the same things over and over again, stuck in that loop of never forgiven, never forgotten.
I'm sorry, but either my apology is accepted or it isn't. Either I can move forward or I can't. You can't grow as a person without mistakes. You don't know what perfection is unless you've experienced imperfection. So I don't know the perfect individual that society is now looking for, it's not me. ... I have made several mistakes and I embrace them all because I'm a better man today because of them.
Whoopi Goldberg Thinks Hostless Oscars Would Be 'Dumb' -- But Would She Take Over for Kevin Hart?
Why He Should Host ( in Ellen's Words)
After allowing him a full segment to say his piece, with virtually no interruption whatsoever, Ellen dropped what appeared to be a bit of a bombshell on Kevin when she told him that she'd spoken to the Academy herself. As a former host, she so badly wanted Kevin to helm this year's show.
What we're going to get to see on stage with you hosting the Oscars is sophistication, class, hilarity and you growing as a person. Because most people would say, I'm walking away, I'm not coming back, because I'm gonna go back and forth. But for you to be the bigger man, for you to say, I understand, and to not pay attention -- there are so many haters out there, whatever's going on on the internet, don't pay attention to them.
The reason that Kevin was so willing to step back entirely is because he saw this as so much more than an attack against the idea of him hosting the Oscars.
This wasn't an accident. This wasn't a coincidence. It wasn't a coincidence that the day after I received the job that tweets just somehow manifested from 2008. Now, I don't know who follows me and who doesn't, I'm on social media every day. I've got over 40,000 tweets. To go through 40,000 tweets to get back to 2008, that's an attack. That's a malicious attack on my character. That's an attack to end me. That's not just an attack to stop the Oscars. That's what I want people to understand. That's an attack to end me.
Why 2018 Was an Especially No Good, Very Bad Year for Celebrities
As he sees it, the goal was to destroy his career utterly and entirely, much as trolls similarly attacked "Guardians of the Galaxy" director James Gunn for decade-old tweets and got him fired from the third installment of that franchise. Gunn still hasn't returned to Twitter after those attacks, nor has Disney backed down on their stance.
"Somebody has to take a stand against the trolls," Kevin told Ellen in defense of his decision to step down.
"Right, but they're going to win if you don't host the Oscars," she quickly countered.
It was probably the best response she could have given, because that clearly was at least one of the goals of the attack in the first place. And it worked. At least so far.
For the next segment, Ellen cheekily introduced Kevin as "this year's Oscar host," and he admitted she'd given him a lot to think about.
La La Anthony Stands By Kevin Hart Following Oscar Host Backlash: 'People Do Change' (Exclusive)
You have said a lot of amazing things. You have put a lot of things on my mind and I know where our relationship stands. So, leaving here I'm promising you I'm evaluating this conversation. This is a conversation I needed to have. I'm glad that I had it here. ... Let me assess, just to sit in the space and really think. You and I will talk before anything else.
So there you have it. The Oscars has yet to find a replacement host, and Ellen thinks that could be because they never wanted Kevin to step down in the first place. According to the daytime host, the Academy told her they felt awful about how it had all gone down, suggesting there may have been a breakdown in communication somewhere. They want Kevin to host.
But does he want to. After this episode, he'll have no choice but to give a definitive answer one way or the other. And it looks like the Academy might just be waiting for that answer more than the rest of us.
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#AcademyAwards#Oscars2019#KevinHart#AwardsShows#AwardsSeason#EllenDeGeneres#DaytimeTV
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