Attached is the Complaint we have filed

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Re: New members need direction

Originally posted by myopinion
Rajiv and other key members;

We need to do two things to get proper support from people;

1. Have a proper checklist of who is doing what with clear assigned responsibility. This will make sure it gets done, instead of everone thinking that the other person is doing it. Duplication is great, but atleast one person needs to do it.

2. Lot of new users see this forum every day. There can be a separate page (link), which shows proposed actions and who has taken action already or has taken responsibility. People should be allowed to add action/responsibility to that page/link, which can be monitored by a person or core group.

Lawsuit is one thing, but being noticed on a continuous basis will get us attention.

Unfortuantely, there is lot being said in press/TV about illegal aliens (good and bad), but no one talking about legal aliens. May be they don't think there is any problem !! That means we have not done our job as a group to highlight it enough (other than one lawsuit).


One or more of you get together and give me a call (through Homa, at extension 108). I will explain where we stand and the troubles and triumphs with getting organized. In the mean time, give me a list of things you want me to do. It will be taken care of.
 
2004 Budget

It looks like anything that has to do with BACKLOGS, is either secret or unspecified!

http://www.nccbuscc.org/ogl/mrs13.htm

Backlogs in Immigration Benefits. The Administration's fiscal year 2004 budget submission proposes an unspecified amount to reduce immigration benefit adjudications backlogs.
 
2004 Budget

Text from the above link.
At the time of this writing, USCCB has not determined how much funding it will seek for backlog reduction during the fiscal year 2004 budget cycle.
At the time of this writing USCIS was already into the 2nd. quarter of their fiscal year.:rolleyes:
 
Re: 2004 Budget

Originally posted by w8nc
Text from the above link.

At the time of this writing USCIS was already into the 2nd. quarter of their fiscal year.:rolleyes:


Bottom line: US CIS is late, too late to ask for direct appropriations for fiscal year 2004. About 20 other refugee and immigration items do have appropriations. The reason is in GAO-04-309R. They do not fully acknowledge the problem, the size of it and thus the cost needed to solve it. In the end, it will happen like it did before (see link). The 100 million dollars (Bush) for 2002 was collected as 45+35+UNUSED FUNDS from previous year. Fiscal year 2005 will have a lot of UNUSED FUNDS from 2004! Way to go US CIS! Cheat yourself, the American people and thousands of legal immigrants.

Latest: Action to be taken finally in 2005??
Courtesy of "www.immigration-law.com"

02/03/2004: USCIS Proposes to Increase Filing Fees!

This appears to be the USCIS response to the GAO criticism which we reported earlier that the USCIS had a financial shortfall to deal with the backlogs but did not have any mechanism to figure out the
scope of the needed funds. The immigrant community would not mind of fee increase if it will indeed ensure a drastic reduction of processing times and backlogs.

From the Federal registry and other sources:
The cost of the SECURITY CHECKS finally revealed.
No wonder we do have a backlog. All US CIS is doing is security checks and FP. Also, the secrecy involved and OUR rights violated.

A. National Security Enhancements

In processing immigration benefit applications, BCIS is making national security a high priority. Since July 2002, BCIS has added
security checks to the processing of all imigration benefit applications to help ensure that those who receive immigration benefits
have come to join the people of the United States in building a better society and not to do harm.
The process of performing security checks has been designed to compare information on applicants, petitioners, beneficiaries,
derivatives and household members who apply for an immigration benefit on a BCIS immigration benefit application against various Federal lookout systems.
The purpose of conducting security checks is to help law enforcement agencies identify risks to the community and/or to national security and to prevent ineligible individuals from obtaining
immigration benefits. BCIS performs two routine checks; one when the application is initially received, and one at the time of adjudication.
This change in the manner in which BCIS processes immigration benefit applications has increased processing costs because the costs
of performing these checks were not factored into the initial fee schedule. As a result, existing resources have been diverted in order to perform the additional security checks until the fees could be adjusted to cover these costs.
To determine the impact on resources of the additional security checks, BCIS developed a methodology to identify the additional time or
``level of effort'' needed to perform the additional security checks by an adjudicator, since time is a key factor in determining immigration benefit application fees.
In identifying the average time for the additional security checks, BCIS employed a time and motion study through on-site visits to various
field offices. To collect a representative sample, BCIS reviewed adjudications at small, medium, and large-sized field offices. To ensure the integrity of the process, BCIS personnel interviewed those
who performed the security checks on various immigration benefit applications, validated the times through random observations, and revalidated those times with BCIS personnel.
BCIS calculated the total time requirements using average check times, average number of checks per application, as well as application
volumes (using number of applications received for the initial check and number of applications completed for the adjudications check). The
total time was then converted into the total cost of performing the additional security checks.
The analysis revealed an annual cost of about $140 million to recover the costs of security enhancements. This equates to a $21 per application charge.

01/28/2004: Importance of Responsive Government and Public's Right to Know

We live in an environment that calls for our support and participation in the fight on terrorism. The war on terrorism would necessarily demand control and management of flow of information and communication. However, at the end of other spectrum, there is a fundamental principle for democramic government and the stitutional principle that unless the people are informed of what the government does, people cannot exercise their fundamental rights to make
an "informed" political decision and participation in the government process.
This website has been monitoring the government process and activities as related to the immigration process for the past five years. Lately, we notice that the government agencies restrain themselves, either voluntarily or involuntarily, from releasing information about what the government does. Those who have visited the websites of U.S. Department of State, the U.S. Department of Homeland Security including U.S. Citizenship and Immigration Services, and
other immigration-related government agencies must have noticed that only a fraction of information has been made public on the agencies' policy making process and their operations and activities. Along with this trend, one cannot but notice a drastic shrinkage of the rule-making activities as witnessed through the federal registers. Again, we agree with the government that the flow of information and communication needs to be somewhat controlled and we, the people, must tolerate and sacrify our right to know in democratic government and under the Constitution of the nation. The question is, though,where we should draw the line. Unrestrained control of flow of information and communication is not tolerable. Apparently, the line should be drawn at the point where the information or communication may affect our efforts to fight on terrorism. When certain information or communication is not related to the interest in fight against the terrorism or remotely related to such issue, assuming it affects such issue at all, the government should not be allowed to infringe the people's right to know the government's activities.
Obviously, international terrorism involves foreigners and there are some information that the government should protect from their access to such information. Without doubt, some areas of immigration and visa policy may need to be protected from such terrorists' access. However, it does not justify that most of information or visa policies, policy-making activities, and operation of the agencies should be shielded from public access simply because the subject is immigration or visa. This is a classical example of the information which is indeed "remotely" related to the issues of terrorism. We hope that the government opens a gate for flow of information and communication between the government and their customers and constituents, particulary the immigrant community.
 
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FY2005 Budget - Re: 2004 Budget

USCIS announced FY2005 Budget, prioritizing Backlog Reduction, yesterday 2/2/2004,
and also will announce Fee Increase today.

USCIS Prioritizes Backlog Reduction in FY2005 Budget

Washington, D.C.- U.S. Citizenship and Immigration Services (USCIS) today requested $1.711 billion in the FY2005 budget, including a 60% increase in funding dedicated to the reduction of the immigration benefits backlog. The FY2005 budget requests $140 million in discretionary funding and $1.57 billon in mandatory funding, or fee revenues for legal immigration benefits. Read more, including fact sheet.

Originally posted by cinta
It looks like anything that has to do with BACKLOGS, is either secret or unspecified!
http://www.nccbuscc.org/ogl/mrs13.htm
Backlogs in Immigration Benefits. The Administration's fiscal year 2004 budget submission proposes an unspecified amount to reduce immigration benefit adjudications backlogs.
 
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Re: Re: 2004 Budget

Originally posted by cinta
Bottom line: US CIS is late, too late to ask for direct appropriations for fiscal year 2004. About 20 other refugee and immigration items do have appropriations. The reason is in GAO-04-309R. They do not fully acknowledge the problem, the size of it and thus the cost needed to solve it. In the end, it will happen like it did before (see link). The 100 million dollars (Bush) for 2002 was collected as 45+35+UNUSED FUNDS from previous year. Fiscal year 2005 will have a lot of UNUSED FUNDS from 2004! Way to go US CIS! Cheat yourself, the American people and thousands of legal immigrants.
Yes, USCIS decision and action is too late as cinta wrote.
Even if USCIS get enough budget, I doubt USCIS can execute its plan.
Eduardo Aguirre and management staffs must resign immediately.
 
Re: Re: 2004 Budget

Originally posted by cinta
Bottom line: US CIS is late, too late to ask for direct appropriations for fiscal year 2004. About 20 other refugee and immigration items do have appropriations. The reason is in GAO-04-309R. They do not fully acknowledge the problem, the size of it and thus the cost needed to solve it. In the end, it will happen like it did before (see link). The 100 million dollars (Bush) for 2002 was collected as 45+35+UNUSED FUNDS from previous year. Fiscal year 2005 will have a lot of UNUSED FUNDS from 2004! Way to go US CIS! Cheat yourself, the American people and thousands of legal immigrants.
I ran a word search "backlog" in the fee increase notice. Here is the only thing I got:
"If BCIS does not adjust the current fees to recover the full
costs of processing immigration benefit applications, the backlog will likely increase. "

So this fee increase is to prevent future backlog, rather than reducing the current backlog?! Sometimes you just can't help thinking of kicking some ass...
 
Re: Re: Re: 2004 Budget

Originally posted by PhillyJulyLC
Originally posted by cinta
Bottom line: US CIS is late, too late to ask for direct appropriations for fiscal year 2004. About 20 other refugee and immigration items do have appropriations. The reason is in GAO-04-309R. They do not fully acknowledge the problem, the size of it and thus the cost needed to solve it. In the end, it will happen like it did before (see link). The 100 million dollars (Bush) for 2002 was collected as 45+35+UNUSED FUNDS from previous year. Fiscal year 2005 will have a lot of UNUSED FUNDS from 2004! Way to go US CIS! Cheat yourself, the American people and thousands of legal immigrants.
I ran a word search "backlog" in the fee increase notice. Here is the only thing I got:
"If BCIS does not adjust the current fees to recover the full
costs of processing immigration benefit applications, the backlog will likely increase. "

So this fee increase is to prevent future backlog, rather than reducing the current backlog?! Sometimes you just can't help thinking of kicking some ass...

You are absolutely right: This will cover the annual $140 million needed for their extra SECURITY CHECKS and second, third FPs. The priority here is for their unjust, unconstitutional, illegal security checks and if money is left it MAY be used or rolled over to the next fiscal year! This is the summary of Bush's 500 million dollar backlog elimination plan. Use it for name checks and finger printing!
 
can we use .....


this annual ritual of increasing the fees in the name of reducing backlogs as one of the arguments in the litigation?
Have read some time back one of the members suggesting the "milking of money" from applicants as an argument.

All they have done in the past one year is change names(INS...BCIS...USCIS) and increase fees....my status remains the same for 20 months now.
 
http://www.foxnews.com/story/0,2933,110009,00.html

Excerpt from FOX News:

The General Accounting Office (search) reported this month that the backlog of immigrants waiting for applications to be processed had grown 59 percent to 6.2 million during the past three years.

The GAO, Congress' investigative arm, said the $460 million in fees that Citizenship and Immigration Services collected during 2001-03 were not enough to cover costs. It also said the agency should have reduced the backlog because it got an additional $116 million from Congress the last two years.
 
Originally posted by Edison
http://www.foxnews.com/story/0,2933,110009,00.html

Excerpt from FOX News:

The General Accounting Office (search) reported this month that the backlog of immigrants waiting for applications to be processed had grown 59 percent to 6.2 million during the past three years.

The GAO, Congress' investigative arm, said the $460 million in fees that Citizenship and Immigration Services collected during 2001-03 were not enough to cover costs. It also said the agency should have reduced the backlog because it got an additional $116 million from Congress the last two years.

Edison,
Additional security checks cost $140 million a year: 2 X 140 = 280 millions for the two years. That is where the money went primarily...for two years they thought we are all fools....
 
Backlog Committee?

Budgeting, allocation, appropriations to the accounts heads are some king of implications. Prioritizing among the existing catgories/applications of backlog, deployment of resources etc are non-financial aspects. Then folding/conversion into a plan, is an strategic part.
I suspect these would be responses against litigations (I485).Here in this forum we are watching evidences, publications links, etc.
Mr. Khanna, do we prepared for that?
 
AILA's comments on fee increase proposal

AILA Press Release: Not Up to the Challenge -- Statement of AILA on Proposed USCIS Fee Increase and the President’s Proposed FY 2005 Budget

Cite as "Posted on AILA InfoNet at Doc. No. 04020311 (Feb. 3, 2004) ."


American Immigration Lawyers Association

FOR IMMEDIATE RELEASE
February 3, 2004

Contact: Judith Golub
(202) 216-2403
jgolub@aila.org
or Julia Hendrix
(202) 216-2404
jhendrix@aila.org

Not Up to the Challenge
Statement of the American Immigration Lawyers Association (AILA) on Proposed USCIS Fee Increase and the President's Proposed FY 2005 Budget

The U.S. Citizenship and Immigration Services (USCIS) bureau of the Department of Homeland Security today proposed increases in fees for immigration applications of up to 55%. These fees cover almost all of the bureau's expenses. However, at a time when the quality of service is at an historic low, increases of this magnitude are difficult to justify. Processing backlogs have reached crisis proportions, while the agency wastes resources revisiting issues already resolved and harassing honest petitioners with requests for paperwork unrelated to their immigration eligibility. Making matters worse, the public's only available avenue to resolve government errors and problems is a contractor-run 800 number that has proven to be useless to deal with these issues.

Adding insult to injury, the proposed fee increase would force applicants to pay for these failures. As USCIS loses files, errs on more and more applications, and provides no viable avenue to resolve problems, lawsuits to force action have increased. The proposed budget for USCIS factors the costs of these suits into the fees by proposing a surcharge to pay for them. The Equal Access to Justice Act mandates that government agencies pay certain costs when they take a substantially unjustified position in litigation. USCIS proposes to evade this law by forcing the very people who are harmed by its actions or inaction to pay the costs of the agency's unjustified positions.

The Department also has announced that it intends to outsource the immigration information officer (IIO) function and factors into the proposed fee increase the cost of conducting an expensive study of this problematic initiative. Despite numerous problems associated with contracting out the deeply flawed 800 number system, the USCIS budget would mandate that applicants pay the costs of this study to expand this failed concept to cover all user assistance functions.

In January 1998, the Commissioner of the INS, USCIS's predecessor, stated that the fee increase announced at that time would not be implemented until applicant wait times started to decrease. Today, no such reticence is shown. Even though the ordinary wait times on many applications are double or triple today what they were in 1998, USCIS offers no such concession to those who must pay increasing amounts for deteriorated service. AILA urges the Director of the USCIS to follow the example of his predecessor and demonstrate good faith by foreswearing the fee increase until the pandemic backlogs throughout the agency are noticeably decreased.

The Bush Administration's proposed FY 2005 budget for USCIS only deepens our concerns with the $140 million included for the bureau. Such a sum recognizes neither current challenges nor realities. AILA long has supported direct Congressional appropriations to supplement user fees: USCIS adjudications and security checks are in the national interest and such appropriations are necessary to ensure a rational and predictable funding stream. The President's proposed budget is going in the wrong direction. The $140 million marks a 41% reduction from the inadequate $236 million the bureau received in FY 2004. Furthermore, Administration spokespersons have indicated their goal of covering costs wholly with fee revenue. AILA calls on the Administration to conduct a study to determine what level of funding is necessary to adequately support USCIS's adjudications functions, eliminate the backlog, and put this bureau on sound financial footing. Both the Administration and Congress need to step up to the plate and recognize that the current funding system is deeply flawed and needs to be changed.

# # #

Founded in 1946, AILA is a nonpartisan, nonprofit organization that provides its Members with continuing legal education, information, and professional services. AILA advocates before Congress and the Administration and provides liaison with the DHS and other government agencies. AILA is an Affiliated Organization of the American Bar Association.
 
well atleast aila said something...

god, what will make these uscis people accountable for their actions?

plan to get rid of backlog in 2 months - show your 485 receipt notice & 5 years tax returns, proof of status of 5 years, etc, and get on the spot GC (someone in the forum said this is how it is done in england). what a dream. lol.
 
AILA

The article as always is a typical AILA response. On the surface there is nothing wrong with it. However, it looks like AILA is putting one face for the public and the press and another we do not know when meeting with US CIS officials and Congress. Why they never initiated a lawsuit themselves through AILF for example? To save money for the Government? What other venues are left for us?
"USCIS adjudications and security checks are in the national interest.."

The article fails to make a distinction between the two, the fact that SECURITY CHECKS took the time and money at the adjudications expense, and the fact that the repetition/re-adjudication for EVERY application is probably unconstitutional. Why shall we suffer if the Director decided to run checks on all current and past GC for the last 2-3 years for example? Where is the balance between the Security and Adjudication and how US CIS is paying for them? This is the accountability issue.

Hope AILA will slowly and surely wake up and recognise that besides Family re-unification issues and backlogs (waiting times not management backlogs), however justifiable, the American Immigration ALSO HAS EMPLOYMENT BASED IMMIGRATION, however forgotten!
 
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Re: AILA

Originally posted by cinta
The article as always is a typical AILA response. On the surface there is nothing wrong with it. However, it looks like AILA is putting one face for the public and the press and another we do not know when meeting with US CIS officials and Congress. Why they never initiated a lawsuit themselves through AILF for example? To save money for the Government? What other venues are left for us?
"USCIS adjudications and security checks are in the national interest.."

The article fails to make a distinction between the two, the fact that SECURITY CHECKS took the time and money at the adjudications expense, and the fact that the repetition/re-adjudication for EVERY application is probably unconstitutional. Why shall we suffer if the Director decided to run checks on all current and past GC for the last 2-3 years for example? Where is the balance between the Security and Adjudication and how US CIS is paying for them? This is the accountability issue.

Hope AILA will slowly and surely wake up and recognise that besides Family re-unification issues and backlogs (waiting times not management backlogs), however justifiable, the American Immigration ALSO HAS EMPLOYMENT BASED IMMIGRATION, however forgotten!
Good point, bud!

BTW, USCIS in its budget proposal claims that by increasing filing fees and allocating more funding in backlog reduction, they will achieve the goal of immigration petition taking no more than 6 months by FY 2006. By that, I think they meant the beginning of FY 2006 (i.e. Oct 1 2005). It is a whole other story whether it is realistic and whether it's eventually going to come true though.
 
This is 2004

USCIS does not want to be realistic. We heard promises before. At least back in 98 they had the decency to apologize for something. what about us today and the people who have been waiting from 2001?

"www.immigration-law.com"
02/03/2004: FY 2005 USCIS Budget and 6-Month Processing Time by 09/30/2006
In parallel with release of the fee increase proposal, the USCIS announced that the FY 2005 USCIS included 60% increase in backlog reduction initiative fund allocation and the USCIS planned to achieve the Bush promise to reduce the processing time to six months by FY 2006 (September 30, 2006). For the details, please click here.
It is indeed surprising that the USCIS had a backlog reduction plan considering the fact that the backlog has been mounting sky high. One questions where the backlog reduction money was and where it went. In FY 2005, it earmarks a substantial amount for the alleged backlog reduction initiatives, but one cannot but notice two ironies in the budget. The fact sheet does not describe how and to what extent the backlog will be reduced during the FY 2005. We really look forward to the details of its backlog reduction initiatives. All these monies are expected to come from the fee funds. Without doubt, it will come from increased filing fees and expansion of premium processing services to other applications. Again, inasmuch as a substantial reduction is achieved in
the near future, we have no problem with the FY 2005 budget. The second irony is that the immigration and nonimmigrant function funds will be decreased from the FY 2004 budget. Uh!? Even with the current year budget, the backlog has been mounting to a level unparallel with the record in the recent immigration history. When allocation of these funds are decreased, one wonders how the USCIS will deal with the new backlogs which will be generated by the decrease of the budget in these functions. We strongly believe that reduction of backlog or processing times involves much more than simple increase in funding. Improvement in management towards achievement of efficiency and effectiveness may be as important as the funding increase. The USCIS may
want to review the AILA's view on this issue.

At least in 98 there were apologies! Not today!

INS issues an apology for the citizenship backlogs

7/8/98
The Immigration and Naturalization Service (INS), usually branded as being a cold or heartless bureaucratic organization, today announced that it officially apologizes for the tremendous naturalization backlogs. "INS sincerely regrets this and other delays you may have faced," they said, "We apologize for the inconvenience this creates."
The naturalization backlog currently ranges on average from two to three years. Prospective citizens have to renew their fingerprints each year they wait because criminal background checks expire after 15 months. For all of these hassles, the INS apologizes.
 
Re: This is 2004

Originally posted by cinta
USCIS does not want to be realistic. We heard promises before. At least back in 98 they had the decency to apologize for something. what about us today and the people who have been waiting from 2001?

"www.immigration-law.com"
02/03/2004: FY 2005 USCIS Budget and 6-Month Processing Time by 09/30/2006
In parallel with release of the fee increase proposal, the USCIS announced that the FY 2005 USCIS included 60% increase in backlog reduction initiative fund allocation and the USCIS planned to achieve the Bush promise to reduce the processing time to six months by FY 2006 (September 30, 2006). For the details, please click here.
It is indeed surprising that the USCIS had a backlog reduction plan considering the fact that the backlog has been mounting sky high. One questions where the backlog reduction money was and where it went. In FY 2005, it earmarks a substantial amount for the alleged backlog reduction initiatives, but one cannot but notice two ironies in the budget. The fact sheet does not describe how and to what extent the backlog will be reduced during the FY 2005. We really look forward to the details of its backlog reduction initiatives. All these monies are expected to come from the fee funds. Without doubt, it will come from increased filing fees and expansion of premium processing services to other applications. Again, inasmuch as a substantial reduction is achieved in
the near future, we have no problem with the FY 2005 budget. The second irony is that the immigration and nonimmigrant function funds will be decreased from the FY 2004 budget. Uh!? Even with the current year budget, the backlog has been mounting to a level unparallel with the record in the recent immigration history. When allocation of these funds are decreased, one wonders how the USCIS will deal with the new backlogs which will be generated by the decrease of the budget in these functions. We strongly believe that reduction of backlog or processing times involves much more than simple increase in funding. Improvement in management towards achievement of efficiency and effectiveness may be as important as the funding increase. The USCIS may
want to review the AILA's view on this issue.

At least in 98 there were apologies! Not today!

INS issues an apology for the citizenship backlogs

7/8/98
The Immigration and Naturalization Service (INS), usually branded as being a cold or heartless bureaucratic organization, today announced that it officially apologizes for the tremendous naturalization backlogs. "INS sincerely regrets this and other delays you may have faced," they said, "We apologize for the inconvenience this creates."
The naturalization backlog currently ranges on average from two to three years. Prospective citizens have to renew their fingerprints each year they wait because criminal background checks expire after 15 months. For all of these hassles, the INS apologizes.
Backlog of apologies!! one more issue. We need JUSTICE and not JUST+ICE.
 
where the money we paid for the second and third EAD, AP, FP went? GOD, I can't stand this anymore. We need organize some actions such parade/demonstration to voice ourselves, simultaneously in some major cities. Anyone agree?
 
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