You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
10,000/year cap lifted?
- Thread starter Aaronl3
- Start date
Aaronl3 said:Can anyone post an official link about this? Or people were refering to "NGWANYIA" ruling? As I understand, "NGWANYIA" only allows CIS to adjust aditional 31,000 case in next 3 years.
Many thanks
The cap was lifted in May 2005 when President Bush signed into law the Real ID Act of 2005. Search the old messages on this board or just google this. It is all over and you cannot miss it.
Last edited by a moderator:
WASHINGTON
New Member
The cap is still there
I have spoken with an attorney a subject matter expert, also asked the USCIS customer service several times about Real Id Act, the cap is still there, so do not hold your breath.
I have spoken with an attorney a subject matter expert, also asked the USCIS customer service several times about Real Id Act, the cap is still there, so do not hold your breath.
WASHINGTON said:I have spoken with an attorney a subject matter expert, also asked the USCIS customer service several times about Real Id Act, the cap is still there, so do not hold your breath.
this is ridiculous!!!!!!!!!!!!!!!!! every guy on the street who cares about immigration policies knows that cap was lifted last year. Go on the USCIS site and check.
wantmygcnow
Volunteer Moderator
WASHINGTON said:I have spoken with an attorney a subject matter expert, also asked the USCIS customer service several times about Real Id Act, the cap is still there, so do not hold your breath.
9 out of 10 lawyers do not know about Asylee cap. Also 100/100 Customer Service REps do not know about asylee cap or what an asylee is..matter of fact they cant tell what receipt year is LIN01
Matter of fact my doofus lawyer when I gave him to apply for the RFE said "Ok well hopefully you get approved this year with the cap and all" and I went "did i pay thousand bucks to this dork?"....
So do your own homework people.
About the cap
I was under the empression that the Real ID act would remove the asylee cap. However, as you may know the real ID act is not in effect now. It will go into effect in 2007. But when mentioned this point in another thread, other colleaugues on this forum told me that it is already in effect. I looked at the section that governs asylees adjustment section 209. And the cap is not there. So I think there is no cap on asylee adjustment.
I was under the empression that the Real ID act would remove the asylee cap. However, as you may know the real ID act is not in effect now. It will go into effect in 2007. But when mentioned this point in another thread, other colleaugues on this forum told me that it is already in effect. I looked at the section that governs asylees adjustment section 209. And the cap is not there. So I think there is no cap on asylee adjustment.
faysal said:I was under the empression that the Real ID act would remove the asylee cap. However, as you may know the real ID act is not in effect now. It will go into effect in 2007. But when mentioned this point in another thread, other colleaugues on this forum told me that it is already in effect. I looked at the section that governs asylees adjustment section 209. And the cap is not there. So I think there is no cap on asylee adjustment.
The REAL ID Act is a huge bill. Different provisions have different effective dates. Some provisions indeed have 2007 effective dates. However the asylee cap removal amendment took effect on the date Bush signed the bill.
As you correctly noted the USCIS has updated section 209 on the website to reflect the amendment.
Aaronl3 said:Can anyone post an official link about this? Or people were refering to "NGWANYIA" ruling? As I understand, "NGWANYIA" only allows CIS to adjust aditional 31,000 case in next 3 years.
Many thanks
I found this on a reputable website (The American Immigration Law Foundation, http://www.ailf.org/lac/lac_realidjointnotice_052005.shtml)
The REAL ID Act eliminates the asylee adjustment cap. This is good for asylees. The change in law does not affect the Ngwanyia settlement. The Settlement Agreement is still valid and requires the government to adjust the status of a minimum of 61,000 asylees in this and the next two fiscal years.
Section 101(g) of the REAL ID Act of 2005, Pub. L. 109-13, 119 Stat. 231, amends section 209 of the Immigration and Nationality Act to eliminate the yearly cap on asylee adjustments. That means that there is no longer a limit to the number of asylees who can become lawful permanent residents (LPRs) in any year.
However, the amendment does not say how many asylees the government must adjust in any year, and does not say how long the government can take to adjust any particular asylee or all asylees.
The Ngwanyia Settlement Agreement protects the class. The Settlement Agreement requires the government to adjust an additional 31,000 asylees over and above the number the government anticipated adjusting during this and the next 2 fiscal years – which was 10,000 per year. The government agrees that at least 61,000 asylees will have their status adjusted to LPR during this and the next two fiscal years.