Can We settle on These Bases?

[Rajiv S. Khanna]

We want USCIS to:
1. Start premium processing of I-140’s;

2. All I-140’s pending over 180 days should be adjudicated immediately without premium processing fees;

3. Continue concurrent filing of I-140 and I-485;

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

5. USCIS should provide public reports on agency workloads and priorities;

6. The phone system should be improved so meaningful information can be received;

7. We must be provided a method of getting binding, written opinions on AC21 and other regulatory issues on which no regulations are issued by USCIS within six months after enactment of a statute; and

8. We should be assured a community contact point for addressing recurring grievances.

[hmd]

The phone system should be improved so meaningful information can be received;

What types improvements are we asking USCIS to implement?/

should'nt we more specific on this one.

As per the rest i think they are fair and will help the community especially 1,2,3 and 4.

hmd

[frantic]

Should we mention anything about obtaining citizenship - saying that USCIS should start counting the time from the date I485 is filed?

[PhillyJulyLC]

Originally posted by operations
We want USCIS to:
1. Start premium processing of I-140’s;

2. All I-140’s pending over 180 days should be adjudicated immediately without premium processing fees;

3. Continue concurrent filing of I-140 and I-485;

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

5. USCIS should provide public reports on agency workloads and priorities;

6. The phone system should be improved so meaningful information can be received;

7. We must be provided a method of getting binding, written opinions on AC21 and other regulatory issues on which no regulations are issued by USCIS within six months after enactment of a statute; and

8. We should be assured a community contact point for addressing recurring grievances.

I don't know about others, but this is definetely much much more than I expected. If we could settle on these terms, I'd be thrilled! Point#4 is the interim GC concept - once that is granted, we'd viturally be worry-free, no EAD/AP/second time FP etc... And I guess point#1 premium processing of I-140 assumes it'd adjudicate I-140 within 180 days. Now the big question is - What are the chances of USCIS accepting this settlement?

Great job, Mr. Khanna. Thank you!

[Rajiv S. Khanna]

Originally posted by frantic
Should we mention anything about obtaining citizenship - saying that USCIS should start counting the time from the date I485 is filed?

I would have to look at the statutes. CIS may not have the power to do this.

[Rajiv S. Khanna]

Originally posted by PhillyJulyLC
I don't know about others, but this is definetely much much more than I expected. If we could settle on these terms, I'd be thrilled! Point#4 is the interim GC concept - once that is granted, we'd viturally be worry-free, no EAD/AP/second time FP etc... And I guess point#1 premium processing of I-140 assumes it'd adjudicate I-140 within 180 days. Now the big question is - What are the chances of USCIS accepting this settlement?

Great job, Mr. Khanna. Thank you!

I have thought long and hard. So far, these points seem to take care of all our grievances with may be a little sacrifice of premium processing money.

I want to ask people. Nonmembers can email me directly.

[tmc]

<quote>
4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;
</quote>

basically, they verify everything else except security check and approve the GC and give passport stamp. the date on the passport stamp should count for citizenship purposes. this can be revoked only on the basis of security and has all the freedom of gc like job portability, no ead or ap, claiming all benefits of permanent residency.

edit- i mean, #4 is probably the most important point for settlement.

[tsc103103]

The eight point agreement seems fair to all concerned. Hope USCIS come to a settlement on these issues.

[masti25]

IMHO... if USCIS accepts these requests, the immigrant community should be very happy.

Cheers,
masti

[Edison]

Can We settle on These Bases?

We want USCIS to:
1. Start premium processing of I-140’s;
>>>>> Yes, But the additional premium processing money has to be used solely to reduce I-140 backlog unlike DHS's regular policy of diverting the Immigration benefits applications fees to Immigration control.

2. All I-140’s pending over 180 days should be adjudicated immediately without premium processing fees;
>>>>> Yes, This suggestion is most appreciated.


3. Continue concurrent filing of I-140 and I-485;
>>>>> Yes,This suggestion is most appreciated..

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;
>>>>> I-551 stamp is acceptable solution, if the case has been pending for more than 180 days. I-551 for 5 years is most welcome since currently CIS is stamping I-551 after approving I-485 for only 1 year.
But I-751 (Petition to remove the conditions on residence) has to be applied if GC is approved with condition(pending security check). So backlog queue will shift from I-485 to I-751.

5. USCIS should provide public reports on agency workloads and priorities;
>>>>> Yes, this will make the operational procedure more transparent.

6. The phone system should be improved so meaningful information can be received;
>>>>> Yes, this is most welcome. Also online case status should have detailed explanation and some information can be secured only to the intended person with additional security like providing SSN to obtain detailed information.

7. We must be provided a method of getting binding, written opinions on AC21 and other regulatory issues on which no regulations are issued by USCIS within six months after enactment of a statute; and
>>>>> Yes, Regulation will avoid confusion created due to mis-interpretation of law by immigration benefit applicant(or their attorney) and by CIS adjudication officer.

8. We should be assured a community contact point for addressing recurring grievances.
>>>>> Prakash Katri, CIS ombudsman didn't address any of our grievances. You can submit the one line reply you received as evidence.

Other suggestions:
>>>>> 1. Immigrants should not suffer for the lost time due to backlog created by CIS's inefficiencies. So CIS/government has to reduce the wait time after GC for the suffered immigrants. As you mentioned earlier if CIS doesn't have the power, CIS should recommend the Congress to change the law.

[lz25888]

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

This is a important point. however, i am just afraid CIS would not accept idea of 5 yrs stamp.

As far as it's renewable (automaticaly except security grounds) , I would be happy with 1-2 yrs stamp.

[rk4gc]

Originally posted by operations
We want USCIS to:

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

Rajiv great job. Thank you.

It is complete if we can get #4 with that date counted for Citizenship requirement. Thats possible, if we rephrase #4 as

"4. Once the I-485 has been pending for 180 days, the applicants should receive an approval of the green card evidenced by a stamp on the passport valid for 5 years and issuance of the plastic card, subject to revocation only on security grounds;"

The requests are complete, fair and do justice to all the concerned applicants.

[Rajiv S. Khanna]

Originally posted by Edison
Can We settle on These Bases?

>>>>> I-551 stamp is acceptable solution, if the case has been pending for more than 180 days. I-551 for 5 years is most welcome since currently CIS is stamping I-551 after approving I-485 for only 1 year.
But I-751 (Petition to remove the conditions on residence) has to be applied if GC is approved with condition(pending security check). So backlog queue will shift from I-485 to I-751.

Oh, no I-751. This is an unconditional approval execpt for sceurity grounds.

[gogia]

I'm not sure but I think PP stamping after 180 days takes care of repeated renewals of EAD and AP. Is that correct ?

If So, and BCIS agrees to settle on these points. It would be a massive victory for us under Rajiv's leadership !!!!

Good bye Sufferings !! Rajiv is coming !!!!!!!

[Satvika]

Hello Mr.Rajiv,

Thanks alot for ur great efferts to finally end our endless misory.

I think all 8 options are really great but option 4

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

Does this mean that after 180 days of filling I-485 can we enjoy all the benifts of greencard holders like choosing what ever job or carrier like that.

Once again THANK YOU VERY MUCH.

[jose loaiza]

I think that this proposal takes care of our suffering.

About I485: If CIS approved stamp after I485 is pending for more than 180 days, would it mean that CIS wouldn't request employment letter at the time of stamping???

God bless you!! Dr. Rajiv

[Rajiv S. Khanna]

Originally posted by Satvika
Hello Mr.Rajiv,

Thanks alot for ur great efferts to finally end our endless misory.

I think all 8 options are really great but option 4

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

Does this mean that after 180 days of filling I-485 can we enjoy all the benifts of greencard holders like choosing what ever job or carrier like that.

Once again THANK YOU VERY MUCH.

That is correct. see the language. the green card is conditional BUT "subject to revocation only on security grounds."

[Rajiv S. Khanna]

Originally posted by jose loaiza
I think that this proposal takes care of our suffering.

About I485: If CIS approved stamp after I485 is pending for more than 180 days, would it mean that CIS wouldn't request employment letter at the time of stamping???

God bless you!! Dr. Rajiv

I did not understand this. Can you please explain? Thanks.

[Rajiv S. Khanna]

Originally posted by hmd
What types improvements are we asking USCIS to implement?/

should'nt we more specific on this one.

As per the rest i think they are fair and will help the community especially 1,2,3 and 4.

hmd

These are broad points. But give any suggestions you think would be helpful.

[Rajiv S. Khanna]

Originally posted by rk4gc
Rajiv great job. Thank you.

It is complete if we can get #4 with that date counted for Citizenship requirement. Thats possible, if we rephrase #4 as

"4. Once the I-485 has been pending for 180 days, the applicants should receive an approval of the green card evidenced by a stamp on the passport valid for 5 years and issuance of the plastic card, subject to revocation only on security grounds;"

The requests are complete, fair and do justice to all the concerned applicants.

Hmm. I will add something to cover the citizenship aspect, even though I think what would be covered. But we should make it explicit.

[gogia]

Yes Satvika,

It means exactly that. When he said "Can be revoked only on security reasons" , it means it can be revoked for job-change related reasons.....So you would be a free bird!!!

[askgc]

Thanks a lot Rajiv, all the points look great.

[gogia]

Sorry Satvika

I forgot to add NOT..

It means exactly that. When he said "Can be revoked only on security reasons" , it means it can NOT be revoked for job-change related reasons.....So you would be a free bird!!!

[Rajiv S. Khanna]

Originally posted by lz25888
This is a important point. however, i am just afraid CIS would not accept idea of 5 yrs stamp.

As far as it's renewable (automaticaly except security grounds) , I would be happy with 1-2 yrs stamp.

I am not sure they will accept ANY of these, but heck, we have to try. Othwise, there is always the Court. As I mentioned somewhere earlier, we are going on with the lawsuit full steam ahead. We are not stopping any efforts. If we can settle - great. If not, so what. we will fight on.

[morpheus12]

I think these are sensible settlement points.

A couple of thoughts:

- I doubt they would agree to use PP funds for any specific purposes. It makes the job of drawing up a budget too hard, and few government agencies like to accept cash if it comes with strings attached on how they can spend it.

- I think any requests re citizenship eligibility are a stretch.

The ruling in the asylum case issued last week might be a wakeup call for the USCIS. If you read the ruling, the judge clearly indicates the INS/USCIS has no basis for issuing EAD's with only a one year expiry date.

Hopefully that ruling will put them in the frame of mind to settle this case!

Good luck Rajiv!

[peace_of_mind]

Mr. Rajiv Khanna,

Original point
4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

We should add....
In case of any immigration verification, USCIS or any other organization should not find any difference between conditional approval and actual approval, if not new type of problems would be created for conditionally approved GC's.

[Rajiv S. Khanna]

Originally posted by morpheus12
I think these are sensible settlement points.

A couple of thoughts:

- I doubt they would agree to use PP funds for any specific purposes. It makes the job of drawing up a budget too hard, and few government agencies like to accept cash if it comes with strings attached on how they can spend it.

- I think any requests re citizenship eligibility are a stretch.

The ruling in the asylum case issued last week might be a wakeup call for the USCIS. If you read the ruling, the judge clearly indicates the INS/USCIS has no basis for issuing EAD's with only a one year expiry date.

Hopefully that ruling will put them in the frame of mind to settle this case!

Good luck Rajiv!

Thanks for your input. I want them to tell me what they do not want to or cannot do. If they agree to meet, I will update you folks right away. I do not intend to make an offer for about a week. My be, wednesday, next week. I want us to think about this carefully.

[Rajiv S. Khanna]

Originally posted by peace_of_mind
Mr. Rajiv Khanna,

Original point
4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

We should add....
In case of any immigration verification, USCIS or any other organization should not find any difference between conditional approval and actual approval, if not new type of problems would be created for conditionally approved GC's.

I am adding this language:
"This “conditional” approval would carry with it all rights and privileges of LPR (green card), including commencement of the time required for naturalization"

[rk4gc]

Originally posted by operations
I am adding this language:
"This “conditional” approval would carry with it all rights and privileges of LPR (green card), including commencement of the time required for naturalization"

Great. I think that covers all.

[John_cdn]

These 8 items are great!

However, myself and a few others are in a unique situation that might complicate item 4:

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

Myself and others are employed by various defense contractors. Our conditions for employment include compliance with unbelievably restrictive export laws. (our employers can not let us see anything that could be deemed 'technical data' without approval by the state department - this makes things so difficult that termination of employment is a serious risk for us) Once we get a green card, then almost all these restrictions are removed.

My concern is that if the approval is conditional on security grounds, then the green card may no longer be enough to remove export restrictions, and rather than wait for citizenship, the employers might just decide to lay us off.

However, I wouldn't want this fairly unique situation to prevent others from getting thier green card sooner. So if we can't eliminate the security condition I'll just hope for the best.

EDIT: I wrote this before the change in wording to item 4. This may be enough, even for those of us trying to work in the defense industry.

Thanks!