Contact Congress for Tanith
- Thread starter attyfan
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SkateFan4Life
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While I would love to see Tanith and Ben represent the US at the 2006 Olympics,
I do not think she should be given special consideration over any other individual who is also waiting to receive citizenship.
Frankly, I just don't see why it takes so long for ANYONE to obtain United States citizenship. A suitable waiting period makes sense, but the whole process seems to be rife with red tape - typical government bureaucratic "hurry up and wait" stuff. The only explanation for the delay might be that, with all the worries about terrorism, the USG insists on performing security checks, background checks, police reports, and other tests on prospective citizens -- far and above what used to be required, prior to September 11, 2001.
I do not think she should be given special consideration over any other individual who is also waiting to receive citizenship.
Frankly, I just don't see why it takes so long for ANYONE to obtain United States citizenship. A suitable waiting period makes sense, but the whole process seems to be rife with red tape - typical government bureaucratic "hurry up and wait" stuff. The only explanation for the delay might be that, with all the worries about terrorism, the USG insists on performing security checks, background checks, police reports, and other tests on prospective citizens -- far and above what used to be required, prior to September 11, 2001.
- Joined
- Aug 4, 2003
She applied under "extraordinary ability."mzheng said:
Thanks. So there is really hope if the bill can be grand fathered.boggartlaura said:
Nothing delight me more to see the jaw drop from those judges, who dumpped the Bulgarians for T/B at last worlds, when T/B appears at the 2006 Olympics and skates to the XXX (knock, knock no jinx).
sk8er1964 said:
Now, now, now, here you'd see the true difference between a democracy country and a dictated(or former comunist) country......If the same situation happened in China the government and/or party will do anything to legimate Tanith's citicenship, namely gives Tanith special treatment only.
- Joined
- Jul 31, 2003
SusanBeth said:
People that apply for the citizenship at the same time don't get it at the same time. It depends a lot on where they live, and what country they are from. I think the country part will help Tanith (fewer people seeking citizenship) but her place of residence could be a factor.
I thought only for Green Card application there is allowance allocated to each country. Not the citicenship. And then there are those different level accelarate rules based on family relationship with the sponsors and professtional such as "extraordinary ability". etc.
mzheng said:
My understanding of the defination of "extraordinary ability" is someone who can contribute to the Nation. A doctor, scientist, physicist, mathmatician, etc.
Although Tanith is a really good ice dancer, granting US citizenship so she may compete at the Olympics and perhaps win a gold medal, which benifits HER, is silly for anyone to fret about. I hope, very much, my Senator, is spending his time concerned with Katrina, Rita and Bush's war.
- Joined
- Jul 26, 2003
That's not the US Government's definition of "extraordinary ability." The government's definition clearly includes Belbin.orchid said:
Even if you don't believe that your Senator can multi-task, all of the doctors, scientist, physicists, and mathematicians who are in Belbin's predicament are also included in the proposed legislation.orchid said:
- Joined
- Jul 28, 2003
A) Aliens with Extraordinary Abilities Defined:orchid said:
Persons of extraordinary ability are those who can show extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Applicants do not need to have a specific job offer as long as they have evidence that they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants do not need an employer to submit a petition to USCIS on their behalf since they are permitted to "self-petition". Labor Certification is not necessary.
This category is for "that small percentage who have risen to the very top of their field of endeavor." Examples of a major internationally recognized award is the Nobel Prize. Other awards may also qualify if the award is in the same class as a Nobel Prize.
Since few workers receive this type of award, USCIS will accept the alternative evidence outlined below as long as at least three are satisfied. Other comparable evidence may be submitted if the following criteria do not apply:
* Receipt of a lesser nationally or internationally recognized prize or award for excellence;
* Membership in associations in the field that demands outstanding achievement of their members;
* Published material about the alien;
* Evidence that the alien is a judge of the works of others in the field;
* Evidence of the alien’s original contribution of major significance to the field;
* Authorship of scholarly articles;
* Display of the alien’s work at artistic exhibitions or showcases;
* Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
* Evidence that the alien commands a high renumeration in relation to others in the field; or
* Evidence of commercial success in the performing arts.
Since indeed this status is rather rare, the more common one that is usually referred to as "extraordinary abilities" is "Outstanding Professors and Researchers".
- Joined
- May 2, 2004
information concerning Tanith's citzenship
FROM: RECKLESS AT FSU SITE, ANSWERS TO QUESTIONS---THE FACT IS THAT TANITH HAS A GREENCARD UNDER "EXTRAORDINARY ABILITY"
whether one likes this or not or thinks this is right or wrong,, she has it---the problem if you read below is PROCEDURE and GOVERNMENT tie-ups causing loss of paperwork, law changes, etc. There are many people involved here, not just Tanith and as I understand it President Bush also wants the problems cleared up sooner than later. She has done everything correctly, but the government is slow in its actions do to whatever reasons. This just adds "pressure" for them to think about all issues before them, as this is their job before and after crisis in this country. I hope this clarifies matters, and if you do not like the system put pressure on your congress people to change the system---be proactive not non active citizens if you do not like HOW the process and how the process is achieved by what criteria------
Between 2000 and 2004, approximately 11,850 aliens of extraordinary ability were admitted to the U.S., along with their families. According to immigration statistics, we admit about 2,000-4,000 aliens of extraordinary ability each year. Spouses and children also would be affected by the proposed change, but we do not have specific data for precisely how many of them would be affected. (Data for spouses and children for only provided for several classes of employment-based categories.) But probably spouses and children would double the number of people who would become eligible for naturalization faster, although not everyone who is eligible actually seeks citizenship. The legislation will affect people who received Green Cards before the end of 2003. Since those who received Green Cards in 2001 will probably be eligible for naturalization under the regular 5-year period by the time this legislation could be passed, the law would affect the people in the gap – those who received Green Cards in 2002 and 2003. The rules were changed in mid-2001 to speed up processing, to it is the people who had already applied in 2002 and 2003 who suffered from the delay and, consequently, they are the ones who are the focus of the legislation.
Status can be adjusted after the fact. That, actually, is what happened to Tanith. She originally came to the US on a family-based visa application in 1999. Her status as an alien of extraordinary ability was approved in 2000 after she and Ben competed together.
And, no, this is not just about an Olympic medal. It’s also about letting two young people, including Ben, who is a U.S. citizen, fulfill their dream of competing for their country at the biggest stage for their sport.
Under the employment-based criteria, EB-1 (from the statute, 8 U.S.C. 1153(b)(1)) is for (a) aliens with extraordinary ability, (b) outstanding professors and researchers, and (c) certain multinational executives and managers. That is the highest level of preference, i.e., people who satisfy the criteria for those categories get first dibs on the limited number of visas and Green Cards that the U.S. gives out. EB-2, the second level of preference, applies to aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. The next level, EB-3, covers skilled workers, professionals, and other workers (to perform unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States). There are a few other categories as well, but I won't detail them.
The point is that Congress long ago decided to give priority to immigrants with extraordinary skills in their respective fields. The thinking was that the US would rather let in a person capable of being the next Einstein or Nijinski (or even Beckham), because a person of reknown might benefit the U.S. in the future, than have no slots available for that person because they were filled with unskilled laborers. I'm not saying that is fair or suggesting that one of those unskilled laborers might not rise to prominence, but that is the policy decision Congress made.
Congress enacted the INA, which plainly recognizes that extraordinary ability in athletics is a basis for admission to the U.S.
So does the Code of Federal Regulations, which interprets the INA. 8 CFR 204.5 (http://uscis.gov/lpBin/lpext.dll/in...slb-8cfrsec2045) states:
Quote:
Aliens with extraordinary ability--
(1) An alien, or any person on behalf of the alien, may file an I-140 visa petition for classification under section 203(b)(1)(A) of the Act as an alien of extraordinary ability in the sciences, arts, education, business, or athletics.
(2) Definition. As used in this section:
Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.
(3) Initial evidence. A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award), or at least three of the following:
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
(ii) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
(iv) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
(4) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
This really is not in dispute. Tanith has already been established by INS (and later CIS) as an alien of extraordinary ability. She met these qualifications twice. First, she was granted an adjustment of her visa status to alien of extraordinary ability status. Second, she received her Green Card on the same basis.
__________________
Tanith may have gotten her green card as a minor but could not apply for citizenship until she was 18, which was in July of 2002.
I'm not sure where that piece of information comes from, but it's not true. Tanith could and did apply for her Green Card before she was 18. Nor did she have to wait until she was 18 to receive it. She can apply for citizenship ("naturalization") 5 years after receiving her Green Card. Her Green Card was not approved until 2002, so the waiting period does not end until 2007. However, our point is that her Green Card could have been approved earlier and, under the current processing rules, would have been.
__________________
3. How do I become a naturalized citizen?
If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization . Adopted children who acquired citizenship from parent(s) use the "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization. You may click here to download forms or you may call the Forms Line at 1(800) 870-3676 to request Form N-400, N-600, or N-643.
If you search further on the site, parents can only apply for minor children for naturalization if they are applying too.
This is now the second time I've had to correct some very misinformed statements of yours about the law and CIS rules. The first was about sports not being a basis for extraordinary ability status. I don't know if you are trying to deliberately confuse things and pass on misinformation, or if you are just misinformed, but perhaps you should learn the process a bit more before you make pronouncements about what the rules are.
What you said before is "Tanith may have gotten her green card as a minor but could not apply for citizenship until she was 18, which was in July of 2002. She and Ben have known this since they began skating togeter and accept it."
"Apply for citizenship" is "naturalization." A person does not apply for naturalization until the waiting period runs from the date a person receives his or her Green Card (usually three or five years). Without the legislation, Tanith is eligible to apply for citizenship in 2007. With the legislation, she will be eligible this year. Under either circumstance, Tanith will be long past 18 years of age to become naturalized.
July 2002 has nothing to do with Tanith turning 18. July 2002 was when she received her Green Card. She didn't have to be 18 to get a Green Card. She could have received it in 2000 or 2001. It just happened that CIS took a long time to process her application.
In short, there is no connection between the July 2002 date of her Green Card and Tanith turning 18. To suggest otherwise -- or that Tanith and Ben knew there was some relevance about July 2002 when they first teamed up -- is simply wrong.__________________
__________________
FROM: RECKLESS AT FSU SITE, ANSWERS TO QUESTIONS---THE FACT IS THAT TANITH HAS A GREENCARD UNDER "EXTRAORDINARY ABILITY"
whether one likes this or not or thinks this is right or wrong,, she has it---the problem if you read below is PROCEDURE and GOVERNMENT tie-ups causing loss of paperwork, law changes, etc. There are many people involved here, not just Tanith and as I understand it President Bush also wants the problems cleared up sooner than later. She has done everything correctly, but the government is slow in its actions do to whatever reasons. This just adds "pressure" for them to think about all issues before them, as this is their job before and after crisis in this country. I hope this clarifies matters, and if you do not like the system put pressure on your congress people to change the system---be proactive not non active citizens if you do not like HOW the process and how the process is achieved by what criteria------
Between 2000 and 2004, approximately 11,850 aliens of extraordinary ability were admitted to the U.S., along with their families. According to immigration statistics, we admit about 2,000-4,000 aliens of extraordinary ability each year. Spouses and children also would be affected by the proposed change, but we do not have specific data for precisely how many of them would be affected. (Data for spouses and children for only provided for several classes of employment-based categories.) But probably spouses and children would double the number of people who would become eligible for naturalization faster, although not everyone who is eligible actually seeks citizenship. The legislation will affect people who received Green Cards before the end of 2003. Since those who received Green Cards in 2001 will probably be eligible for naturalization under the regular 5-year period by the time this legislation could be passed, the law would affect the people in the gap – those who received Green Cards in 2002 and 2003. The rules were changed in mid-2001 to speed up processing, to it is the people who had already applied in 2002 and 2003 who suffered from the delay and, consequently, they are the ones who are the focus of the legislation.
Status can be adjusted after the fact. That, actually, is what happened to Tanith. She originally came to the US on a family-based visa application in 1999. Her status as an alien of extraordinary ability was approved in 2000 after she and Ben competed together.
And, no, this is not just about an Olympic medal. It’s also about letting two young people, including Ben, who is a U.S. citizen, fulfill their dream of competing for their country at the biggest stage for their sport.
Under the employment-based criteria, EB-1 (from the statute, 8 U.S.C. 1153(b)(1)) is for (a) aliens with extraordinary ability, (b) outstanding professors and researchers, and (c) certain multinational executives and managers. That is the highest level of preference, i.e., people who satisfy the criteria for those categories get first dibs on the limited number of visas and Green Cards that the U.S. gives out. EB-2, the second level of preference, applies to aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. The next level, EB-3, covers skilled workers, professionals, and other workers (to perform unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States). There are a few other categories as well, but I won't detail them.
The point is that Congress long ago decided to give priority to immigrants with extraordinary skills in their respective fields. The thinking was that the US would rather let in a person capable of being the next Einstein or Nijinski (or even Beckham), because a person of reknown might benefit the U.S. in the future, than have no slots available for that person because they were filled with unskilled laborers. I'm not saying that is fair or suggesting that one of those unskilled laborers might not rise to prominence, but that is the policy decision Congress made.
Congress enacted the INA, which plainly recognizes that extraordinary ability in athletics is a basis for admission to the U.S.
So does the Code of Federal Regulations, which interprets the INA. 8 CFR 204.5 (http://uscis.gov/lpBin/lpext.dll/in...slb-8cfrsec2045) states:
Quote:
Aliens with extraordinary ability--
(1) An alien, or any person on behalf of the alien, may file an I-140 visa petition for classification under section 203(b)(1)(A) of the Act as an alien of extraordinary ability in the sciences, arts, education, business, or athletics.
(2) Definition. As used in this section:
Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.
(3) Initial evidence. A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award), or at least three of the following:
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
(ii) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
(iv) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
(4) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
This really is not in dispute. Tanith has already been established by INS (and later CIS) as an alien of extraordinary ability. She met these qualifications twice. First, she was granted an adjustment of her visa status to alien of extraordinary ability status. Second, she received her Green Card on the same basis.
__________________
Tanith may have gotten her green card as a minor but could not apply for citizenship until she was 18, which was in July of 2002.
I'm not sure where that piece of information comes from, but it's not true. Tanith could and did apply for her Green Card before she was 18. Nor did she have to wait until she was 18 to receive it. She can apply for citizenship ("naturalization") 5 years after receiving her Green Card. Her Green Card was not approved until 2002, so the waiting period does not end until 2007. However, our point is that her Green Card could have been approved earlier and, under the current processing rules, would have been.
__________________
3. How do I become a naturalized citizen?
If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization . Adopted children who acquired citizenship from parent(s) use the "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization. You may click here to download forms or you may call the Forms Line at 1(800) 870-3676 to request Form N-400, N-600, or N-643.
If you search further on the site, parents can only apply for minor children for naturalization if they are applying too.
This is now the second time I've had to correct some very misinformed statements of yours about the law and CIS rules. The first was about sports not being a basis for extraordinary ability status. I don't know if you are trying to deliberately confuse things and pass on misinformation, or if you are just misinformed, but perhaps you should learn the process a bit more before you make pronouncements about what the rules are.
What you said before is "Tanith may have gotten her green card as a minor but could not apply for citizenship until she was 18, which was in July of 2002. She and Ben have known this since they began skating togeter and accept it."
"Apply for citizenship" is "naturalization." A person does not apply for naturalization until the waiting period runs from the date a person receives his or her Green Card (usually three or five years). Without the legislation, Tanith is eligible to apply for citizenship in 2007. With the legislation, she will be eligible this year. Under either circumstance, Tanith will be long past 18 years of age to become naturalized.
July 2002 has nothing to do with Tanith turning 18. July 2002 was when she received her Green Card. She didn't have to be 18 to get a Green Card. She could have received it in 2000 or 2001. It just happened that CIS took a long time to process her application.
In short, there is no connection between the July 2002 date of her Green Card and Tanith turning 18. To suggest otherwise -- or that Tanith and Ben knew there was some relevance about July 2002 when they first teamed up -- is simply wrong.__________________
__________________
- Joined
- Jun 21, 2003
Thanks for this post, Ptichka. It is interesting to me that athletes are included in this category. I can see where it might be in the national interest to give special consideration to Nobel Prize winning scientists -- hey, they might discover a cure for cancer. Athletes?Ptichka said:
MM
I would imagine the qualities that make someone a world class athlete would also tend to make them useful citizens. It's not like we can't use another hard working person with high goals and the determination to succeed. Just looking around, I believe we need all of them we can get!
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- Joined
- Sep 20, 2003
Red Dog said:
I agree! My friend Dasha had to go through the process twice because her paperwork got lost or something (not on her end but the government's). She had to wait years before she became a citizen and she has been here for 14 years!
- Joined
- Jul 28, 2003
MathMan, the pure "extraordinary ability" status is rather rare, and indeed only given to the best of the best (most of the extraordinary ability statuses are really "Outstanding Professors and Researchers", some of whom may indeed help find the cure for cancer). I believe it is right, because it is always in the national interest to have the most talented and the most driven people in any field. In a way, collecting those people is for a country akin to a collector acquiring the very best art pieces from whatever style/period just becuase the best of the best always enhances the collection. Both "arts" and "athletic" extraordinary ability statuses fall into this category.Mathman said: