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  • jung.lee
    04-12 11:52 PM
    :eek:I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.

    I agree with this statement!

    See this chart?

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg

    Most of the higher priced properties purchased in 2003 - 2006 in the coastal areas of California were purchased using Option ARMs. I was talking to an acquaintance last week who was in the loan broking business in Orange County (had to switch careers since then) who told me that over 90% of several hundreds of loans that he was involved with were Option ARMs and very little 3% to no cash down.

    He also said that all the loan guidelines are so strict now that a majority of those who took these dicey loans will not be able to refinance when the payments reset in the next 3-4 years.

    As an example he said he knew someone who had bought a $750k house with 3% down ($22.5k), with an Option ARM at 2% interest only with negative amortization of unpaid interest (i.e. principal payment and a portion ofthe interest payment was "Optional" in the first 3 years). This interest even with today's low interest environment will reset to LIBOR (http://www.bloomberg.com/markets/rates/index.html)+ 3.75%. Furthermore, this will reset to a "fully amortizing loan", i.e. paying principal is no longer an option.

    So can you imagine trying to refinance this house in two years, when it has declined say conservatively 20% in value down to $600k, and one still owes the full amount of $750k+ unpaid principal on the original loan? Right now lenders are asking for a minimum of 20% down and financing no more than 80% of current appraised value. In bubble markets such as ours in CA, they are asking to finance no more than 75% of appraised value in some cases. So all in all, these "homeowners" are pretty much screwed. Experienced observers are positing that there will be increase in foreclosures and walkaways.

    For those who rented and saved, there will be lots of choices in the best areas. Just be patient!




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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.




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  • santb1975
    10-01 01:41 AM
    I wonder how many $$$ GWB Sr. had to donate to Yale for GWB to get in ...I better stop my rant..:rolleyes:

    Just to clarify GWB is a Yale graduate.
    With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.

    In the near term only democrats will be in a position to provide us with some relief because they control the congress.




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  • nogc_noproblem
    08-06 05:57 PM
    :D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".

    Five Englishmen in an Audi Quattro arrived at an Irish border.

    Checkpoint Paddy the officer stops them and tells them: "It is illegal to put 5 people in a Quattro, Quattro means four".

    "Quattro is just the name of the automobile," the Englishmen retorts with disbelief "Look at the papers: This car is designed to carry five persons".

    "You can not pull that one on me," replies Paddy "Quattro means four You have five people in your car and you are therefore breaking the law"

    The Englishmen replies angrily, "You idiot! Call your supervisor over I want to speak to someone with more intelligence!".

    "Sorry," responds Paddy, "Murphy is busy with 2 guys in a Fiat Uno"



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  • a_yaja
    05-17 07:20 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.
    You still have not told me why you are support the Durbin-Grassley bill and you are OK with consulting on a "full-time" basis. The Durbin-Grassley bill bans this.
    The present laws are more then enough to go after offenders. The law is not being enforced. What makes you think that if the Durbin-Grassley bill is passed, all abuse will stop? People who abuse the system will continue to do so. They will simply say that the job is "permanant, full-time" or whatever the bill requires the job definition to be and file for H1B. And the show will go on. I guess at that point you will then dance when someone else will propose another bill to restrict H1Bs to some other sector that includes you.




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  • allinall
    01-06 03:21 PM
    Hello all,
    What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.



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  • Macaca
    02-25 05:40 PM
    Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.

    If the author is approachable, maybe an interview with him and some TV personality could be tried.

    Do a google search on Lou Dobbs H1B taxes. See how much crap comes out.

    There are some immigration article blogs that refer to statements made by Lou Dobbs. I want to respond with accurate references.




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  • allinall
    01-06 03:21 PM
    Hello all,
    What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.



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  • gimme_GC2006
    03-25 06:28 PM
    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.

    The more and more I visit this thread, I am feeling I should have went with Attorney.

    So I will stay away until I further hear from AO :confused:

    Thanks to all of you who wished me




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  • desi3933
    07-08 07:38 AM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

    If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

    Please consult a good attorney ASAP.

    Here are details on 245(k) --
    For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.


    _____________________
    Not a legal advice.



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  • Macaca
    12-28 07:24 PM
    Fighting for change

    At home, religion had started to drive a wedge in Rubina's family. Irfan, when he talked to her at all, often chided her for not covering her hair. He wanted her to quit school and marry a man whose version of Islam was as strict as his. With her father's support, she refused.

    "We don't really talk that much right now," Rubina said of her brother, who declined to be interviewed for this article.

    Her father arranged for her to marry a moderate Muslim, a man who had a promising job as a hotel manager and to whom Rubina felt attracted. Still, his family insisted that she withdraw from college to start preparing for her nuptials. With her brother and father pushing for the marriage, she agreed.

    She gave up her dreams of an English-language degree, a steppingstone for working-class Indians seeking better jobs in the country's booming call centers and outsourcing industries.

    The trajectory of her life suddenly seemed predictable, she thought, from fiancee to wife to mother and, as is tradition in many Muslim families, caretaker of her husband's home and family. But she still refused to cover her hair.

    Not long after she was engaged, 10 gunmen - young Muslims suspected to be part of a Pakistani jihadi group - crossed the Arabian Sea and came ashore in Mumbai, India's financial and cultural capital. During a three-day siege of the city, the assailants killed 166 people and injured scores - including Muslims - in part as retribution for atrocities in Gujarat, according to recordings of their cellphone conversations, which the Indian government later released.

    It was a turning point for India's Muslim community. For the first time in anyone's memory, many Muslim leaders came together to express anger against Pakistan, where the attackers were said to have been trained. Muslims in Mumbai even refused to bury the gunmen, nine of whom died in the attacks. The backlash was also directed at extremists within the Muslim community.

    "Many Muslims were very worried that we would be attacked after the siege of Mumbai," Rubina said. "We stayed at home, closed our shops. But after watching the Muslims of Mumbai protest in the streets, some here found the courage to protest against the terrorists and explain where we stood."

    The anti-extremist movement spread to other Indian cities with large Muslim populations, including Ahmedabad. Rubina and other women in her neighborhood saw it as an opportunity to speak out against extremism at a time when fatwas, or religious decrees, against women were on the rise.

    "Why do Muslim woman have to be so docile and submissive?" asked Khan, the social worker, who opened a chapter of a national Muslim women's group just down the street from Rubina's house. "Everyone is complaining about terrorists. This is the moment for Muslim women to speak up about our rights, too."

    The women's group filed, and later won, a lawsuit against the city accusing it of failing to provide electricity, water, and sewage and trash services in Muslim communities.

    Emboldened by that success, Rubina soon began studying health issues as part of a government campaign to help young mothers in the neighborhood care for sick children, offering health tips and medicine.

    "Many families here still think it's not safe for a girl to be out in offices or on the roads," she said one recent day, braiding her long hair and loading her briefcase with notes about neighbors in need.

    She walked past the mosque where her brother prayed. Nearby, children played hopscotch over open sewers clogged with plastic bags and crushed soda cans. She paused and tried to remember what her life had been like, how safe she had felt before the riots. Now 22, she wondered whether her life would have been different.

    "Would we have a better life?" she asked. "Would Muslims have a better life?"

    Just weeks ago, Rubina married the hotel manager. "My husband and his family will let me work. That is what's important," she said. "I don't want to sit home. There is a lot of work to do in the community. We are still recovering."

    Her brother attended the wedding ceremony and praised her work as a health activist, one of the few times he has let on that he was proud of her.

    Rubina glowed in a red sari, her hands stained with henna. She danced with the women in a midnight celebration at her home. And her father and brother danced in a nearby room.


    Muslim Women Gain Higher Profile in U.S. (http://www.nytimes.com/2010/12/28/world/middleeast/28iht-muslim28.html) By BRIAN KNOWLTON | New York Times




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  • krishna.ahd
    12-26 08:05 PM
    I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...
    Thats Right , no one wants War that too at this economic conditions
    But Pak should not consider that as our weakness
    So
    Attack on terrorist camps at POK or within Pak too -
    - I belive thats what Indian Gov is planning , we all know our politician when they say no - means that is for sure going to happen
    Cut off all ties with Pak , first stop that Samjautha Exp , and all flights to Karachi
    Work diplomatic way and get it declare Pak as terrorist state
    Let Pak collapse on economic front



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  • xyzgc
    12-21 01:40 PM
    The minorities in India for the most part don't want to do anything with extremism. Like the rest of india, they are concerned with making a decent livelihood though there is a somewhat sucessful attempt at painting them all as extremists by the Hindu Right wing.


    The Muslim minority in India is a supporter of Pakistan and its terror actiities. Not for the most part, but a tiny fraction and that is enough to create havoc in the country. We have our internal enemies with external linkages.


    It is not embrassment as they are not part of this crime. It is sad that they are to go out and state their innocence in ways they did. If anyone has helped in the attacks, I say go after them and punish them within the laws of the country. If that means feeding them dal/roti in jail, so be it as long as they get the punishment they deserve.


    I agree with you that they should not be embarassed. They have done nothing wrong but these incidents have also created room for self-introspection. Why is it that the muslims all over the world are projected as trouble-makers? Its high time that muslim intellectuals give this question a proper consideration rather than simply sweep it under the carpet saying that we didn't do all of this/we are being attacked as minorities/it emanates from poverity and lack of education and so on.


    Pakistan is cornered and have to make some real effort to show that they are not trying to fade this incident away from the world's memory. Unfortunately, if they don't take quick and decisive measures, they could self implode. They better realise that it is better to fix their own dilipadated house than trying to destroy the neighbors. Though I am no war monger, for the short term I think a small 10-20 person tactical team can do some damage at precise locations. Tit for tat but with useful results


    Well said, nobody on IV forums will advocate killing innocent Pakistanis. Many will support such precise bombings. We don't want to turn India into another terrorist nation.


    Obviously the issue of internal problems has to be addressed. This is a source on which extremist can tap on. As someone mentioned on this forum, Saif Ali Khan ( who has a hindu mother, hindu ex-wife and hindu GF) cannot get a home in India's most cosmopolitan city. Neither can Javed akhtar ( an avowed atheist) or shabana azmi. One can only imagine what the normal minorities face everyday. And ignoring this as just complaints of an 'ungrateful' muslim populace does not remove the very real discrimination that minorities face in modern India.


    Yes the internal problems must be addressed. I agree with you. I completely condemn the attacks on innocent christians and muslims. Its sad and its embarassing for me despite the fact that I didn't have any role to play in it. But that has to be done without any discriminations.
    Uniform civil code (http://en.wikipedia.org/wiki/Uniform_Civil_Code) must be implemented. Muslim appeasement politics must be stopped by Congress party. We don't want to see any repeats of Shah Bano (http://en.wikipedia.org/wiki/Shah_Bano_case) cases. No special Shariat laws for Muslims.
    Hindus must be allowed to procure land in Kashmir, unconditionally. Kashmiri pandits who have lost everything in Kashmir must be reinstated. Article 370 (http://en.wikipedia.org/wiki/Article_370) must be abolished.


    This is why I keep hoping for a Justice and executive system that address this. Punish the guilty. I have seen people either ignore the issue of Gujarat/orissa or even defend it. If you put your religion/race shades on, then one can ignore/defend such inhumane events. Equal opportunity for employment/housing/schooling is needed just like in USA. Address in an academic way if affirmative action is needed and take the politics out of it. One of the parameters of a strong democracy is the treatment and security of the minorities. India would only be stronger for it and that is my sincere hope. xyzgc -See if you can finally get around to address this


    I would not ignore Gujarat and Orissa as much as I would not ignore Godhra massacre. I agree the guilty be brought to justice and punished.
    Its difficult to do it internally and its more than difficult to do it for our external enemies.
    But it doesn't make your point invalid.




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  • sanju
    05-15 05:42 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger??

    YES

    M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??

    YES




    Durbin-Grassley going after 9 firms.

    http://www.team4news.com/Global/story.asp?S=6514384&nav=0w0v

    U.S. Senators question companies about visas

    Two US senators are questioning several companies about their use of a visa program for highly skilled workers. Senators Chuck Grassley of Iowa and Dick Durbin of Illinois are focusing on nine companies -- several of them foreign-based. Those companies used nearly 20,000 of the 75,000 H-One-B visas that were available last year. H-One-B visas are for high-skilled workers and are heavily used in the high-tech industry. The industry has long complained that too few visas are available. Grassley and Durbin, both on the Senate Judiciary Committee's immigration subcommittee, sent letters to the nine companies asking questions about visa use, wages and layoffs. The top users were identified with statistics from Citizenship and Immigration Services. The letters, posted on Grassley's Web site, were addressed to:

    Infosys Technologies Limited in Freemont, California
    Wipro Limited of Mountainview, California
    Tata Consultancy Services Limited of Arlington, Virginia
    Saytam Computer Services Limited of Andhra Pradesh, India
    Patni Computer Systems of Mumbai, India
    Larsen & Toubro Infotech Limited of Mumbai, India
    I-Flex Solutions of Mumbai, India
    Tech Mahindra Americas of Englewood, Colorado and
    Mphasis Corporation of Bangalore, India
    ----------------------------------------------------------------------
    Here is a letter from Sen. Durbin and Grassley to these companies
    http://grassley.senate.gov/releases/2007/05142007.pdf



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  • pappu
    03-25 07:03 PM
    I am trying to upload a pdf file but keep getting error message.

    temporaryjob140denial.pdf:
    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?

    send it to info at immigrationvoice.org and we can upload it.

    It is a known bug that we could not fix in the forum. Some members are unable to upload files.




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  • pappu
    03-25 11:58 PM
    I am trying to upload a pdf file but keep getting error message.

    temporaryjob140denial.pdf:
    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?

    http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf



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  • damialok
    04-08 11:19 AM
    People reading these posts are not cogs. They know that its one person's view. Whatever its worth.

    My post should be read with a context. Its always within a Location. RE is always about location(Core SF Bay Area). Go ahead and plot the interest rate with home prices for the last 20 years and you will see the underlying evidence or argument. AND my analysis is localized to SF Bay Area. Its NOT for Loudon County or Miami Dade County or anywhere else. In my analysis of the demographics of this area, thats what I believe in.

    So whats your recommendation on the subject of this thread? Watch more closely till you reach the bottom? Well you will never know that bottom. Yes, I might be off the bottom price by another 5-10% but with a lock in interest rate of around 5.5-6% thats a deal. Everyone is in a different phase of their life, ppl need to map out their 5-10 year outlook and make a decision. Thats easier said than done.

    WS expects prime to hit lowest this Christmas. To be able to grab that lowest rate I need to start looking now and lock in my rate. Most Financial institutions offer ability to adjust rates once.

    My biggest concern is Inflation/Stagflation and I will do everything I can to protect my assets against that. Thats my view and others should view that just like any other info they get on the web.




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  • nojoke
    05-04 02:13 PM
    House...forget it......


    It will never reach those highs again...

    In US..RE is done.

    Not 485...look at the number of foreclosures.....and inflation.....

    untill the war is over...forget...

    I saw a news article that says Bangalore real estate is down 20% this year. And another one that says Delhi is down 20%. What happened in India is also a part ponzi scheme. All the NRIs buying at whatever prices. How can any local guy afford at those prices:confused: Unless inflation goes sky high and wages multiplying to catch up with the inflation.
    If I buy a flat in Bangalore at 50 lakhs and expect 15 thousand for the rent, it comes to 2 lakhs approx. a year return. If I do a fixed deposit in the bank at 10% interest, I get 5 lakhs return. I can rent for 15 thousand and invest the 3 lakhs back into a fixed deposit. Over the years, flats depriciate and in 20-25 years it will be close to valued at nothing. Where as a wise investment in the bank would have multiplyied by 4 times. :(




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  • shantanup
    03-25 08:55 AM
    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.




    alterego
    09-30 12:38 AM
    Right now I see the problem in DC as gridlock. They are paralyzed by partisanship, political bickering and resulting indecision. Part of it is due to the nature of politics and part of it is due to the impact of ever more represented special interests.

    I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.

    I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.




    Macaca
    05-12 05:53 PM
    A Right of All Citizens
    Why naturalized Americans should be allowed to run for president. (http://www.tnr.com/article/politics/88161/obama-birther-constitution-natural-citizens-president)
    By Randall Kennedy | The New Republic

    The controversy over President Barack Obama�s birth certificate reveals that more is wrong with the United States than the presence of demagogues, bigots, and cranks. After all, the foundation of the birthers� allegation was the Constitution of the United States, specifically Article II, which declares that �[n]o person except a natural born Citizen of the United States, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.� That provision invidiously discriminates against the many Americans (nearly 17 million in 2009) who were born abroad and have become naturalized citizens. Few people have realistic prospects of winning the country�s top elective office whatever their background. But excluding certain citizens from consideration based merely on nativity is unjust and self-destructive. It makes second-class citizens of naturalized citizens by suggesting that they are somehow not as American and not as trustworthy as �real� Americans who are native-born. It also deprives the United States of putting to use at the apex of government the manifold talents of all American citizens.

    The natural-born citizen requirement received little attention at the constitutional convention of 1787. Historians trace it to a recommendation made to George Washington by John Jay, who later became the first chief justice of the Supreme Court. �Permit me to hint,� Jay remarked in a letter, �whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in Chief of the American army shall not be given to nor evolve on, any but a natural-born Citizen.� In other words, some in the founding generation feared that the foreign-born might retain a secret or latent loyalty to their land of birth. Another fear was that European powers might insinuate within the new republic agents who would rise to power, subvert the young democracy, and reimpose monarchy. The �general propriety of the exclusion of foreigners � will scarcely be doubted by any sound statesmen,� Justice Joseph Story declared in his Commentaries on the Constitution of the United States. �It cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office.�

    Whether or not this absolute bar based on nativity made sense at the founding, it is now dangerously unfair and unwise. It stigmatizes all immigrants, expressing in the fundamental law of the United States a judgment that they are irremediably flawed, forever cast under a pall of increased suspicion, perpetually labeled as less fully American than fellow citizens who happen to have been native-born. Idolatry of place of birth is a rank superstition. Nativity indicates nothing about a person�s willed attachment to a nation, a polity, or a way of life. Nativity denotes an accident of fate over which an individual has no control.

    Many continue to believe that, at least with respect to the presidency, being born abroad, no matter what one�s contribution to the country, raises a sufficient question to warrant ineligibility. �I don�t think it is unfair to say the president of the United States should be a native-born citizen,� Senator Dianne Feinstein declared several years ago at a hearing of the Senate Judiciary Committee devoted to considering a proposal to amend the natural-born citizen exclusion. �Your allegiance is driven by your birth.�

    Feinstein�s intuition is wrong. On the one hand, there are the numerous examples of immigrants who, having chosen to become citizens, have poured their all into the development and defense of this country�including about 700 persons, born abroad, who have been awarded the nation�s highest military award for bravery, the Medal of Honor. On the other hand, there are native-born Americans who have disgraced themselves and endangered their neighbors by despicable acts of betrayal. One thinks here of Robert Hanssen, the CIA double-agent; Timothy McVeigh, the Oklahoma City bomber; and John Walker Lindh, the American Taliban soldier. Defenders of the exclusion of foreign-born citizens sometimes express fear of a �Manchurian Candidate,� alluding to the novel by Richard Condon and two spinoff films that portray the danger posed by brainwashed officials who rise to high positions. But the exclusionists seem to forget that the fictional characters to whom they refer were American-born.

    The natural-born exclusion fetishizes nativity. When it comes to assessing loyalty, what should matter is indicia of demonstrated allegiance. But, even if one attaches significance to the socialization that a person experiences growing up, a focus on mere nativity is misleading. As noted by Sarah Helene Duggin and Mary Beth Collins in their excellent 2005 Boston University Law Review article, �Natural Born� in the USA,� under our current rule, �An infant born in one of the fifty states but raised in a foreign country by non-United States citizens could serve as President, while a foreign born child adopted by United States citizens at two months of age and raised in the United states would not be eligible to become President.�

    The Constitution�s invidious discrimination against immigrants is constantly overlooked. In 2004, at the Republican National Convention, the governor of California, Arnold Schwarzenegger, proclaimed that, in America, �it doesn�t make any difference where you were born.� Obviously, though, that was and is erroneous. Because of the natural-born exclusion, Schwarzenegger could never hope to be president since he was born in Austria. Other prominent Americans who have similarly been disqualified from the presidency include John Shalikashvili, former chairman of the Joint Chiefs of Staff; Madeleine Albright, former Secretary of State; and Lowell Weicker, former United States Senator. There are many good reasons why former Secretary of State Henry Kissinger should never have been considered for the presidency; that he was born in Germany should not have been one of them.

    In 2008, in a speech entitled �The America We Love,� then-Senator Barack Obama asserted that an �essential American idea� is the belief that �we are not constrained by the accident of birth but can make of our lives what we will.� What he stated should be an essential idea and practice. If it was, we would have been spared the depressing furor over his birth certificate because where he was born would be irrelevant to assessing his fitness for the presidency.

    Writing in the Constitution�s bicentennial year, William Safire declared that the �blatantly discriminatory eligibility clause is a blot on the national escutcheon and an anachronistic offense to conscience.� Why, he asked, �do we allow Jay�s outmoded suspicion to dry up our talent pool and insult our most valuable imports?� Why, indeed? We ought to amend the Constitution by removing the natural-born citizenship requirement. We ought to free the American people to decide whom they want as their president. Place of birth should pose no bar.

    Randall Kennedy is the Michael R. Klein Professor of Law at Harvard University and the author of The Persistent Color Line: Racial Politics and the Obama Presidency (Pantheon Books, August 2011)


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