A great idea to solve the 10,000 cap

S

shamshon

Registered Users (C)
As you all know, the BCIS (formely named as INS) has a 10,000 caps on the number of visas that are issued for asylees every year. As a result, a backlog is created and if an asylee applies for a green card today, he will get it in 11 years. I have a solution based on my observation of Syrian, Iraqi, Haitian, Cubans and other asylees. See, all these folks got an exemption from the 10, 000 cap due to political lobyying in Congress. I think all other nationalities, especially Asians, who constitute a substantial number of asylees should pressure the congress to give them an exemption too. Remember that their population is growing and i believe we already have 4 Asian American congressmen. So, they can use their political power to change the situation and get an exemption for Asian asylees. I do not understand why exemptions should be given to certain nationalities and to others. This is unconstitutional. If my idea is implemented, the 100,000 pending asylum adjustment applications will be diminished. Instead of waiting 11 years, this solution would diminish this backlog. Remember: " if you want to change forces, you have to force change and this can happen only if you speak out."
Good luck
 
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Well this whole idea of quotas is so ridiculous it doesn't make sense in the first place. 1) US has already admitted asylees, they will be issued green cards eventually, so why wait? 2) I doubt the quota system itself deters any asyllees in asking for asylum. In fact it only encourages more fictitious marriages and other not so legal ways to obtain the green card.
The idea that should be pushed in Congress is the abolishion of the quota itself! What can we do? Why don't we compile a list of arguments AGAINST the quota and a list of arguments FOR the quota and see where we end up. After this we'll have to find what's an effective way to petition this and HOW.
We will need a moderator/secretary here. The one who will compile these lists of the ideas we throw in here.
If anyone is interested in doing this, reply soon. No scepticism or pesimism will be allowed :)
 
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A Bill Introduced in Congress to Eliminate the Cap

Actually there is a bill in Congress to eliminate the Cap on Asylees. It was introduced March 2001. SAdlly its pending for reviewal. I have the bill printed out and I will post the link by tommoorrow..

WANTMYGCNOW
 
There we go, half of the work done already :p Do we have any attorneys here that might be able to tell if there's a time frame (provided in the constitution or other law) within which a bill has to be reviewed by Congress?
 
Enough is enough for the 10,000 cap.It just doesn,t make sense at all.

It makes me sick whenever i think of the way they process asylee cases.Does it mean that somalians,cubans Iraqis and the rest who are not included in the 10,000 cap,are more asylees than we who are in the category of the 10,000 quota?

If it is not discrimination i don`t what other name i would give it.
We all fled our countries in fear of our lives,what for Gods sake make those who are exempt so special.
 
Re: Re: A great idea to solve the 10,000 cap

Originally posted by Sessanga Charlesa
Does it mean that somalians,cubans Iraqis and the rest who are not included in the 10,000 cap,are more asylees than we who are in the category of the 10,000 quota?
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It actaully does NOT--there is no exemption in the way that is described here. I am going to give a more detailed response during the holiday weekend.
 
Re: Re: Re: A great idea to solve the 10,000 cap

Originally posted by Gilbert
It actaully does NOT--there is no exemption in the way that is described here. I am going to give a more detailed response during the holiday weekend.
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gilbert,
here is the BCIS direct link that explicitly states that syrians and iraqis are exempt from the 10000 cap of asylees. I will also find the notice where it says that Haitians are also exempt. These people are considered asylees and not refugees. So there is a clear exemption here.
http://www.bcis.gov/graphics/services/iraqi.htm for Iraqis and http://www.bcis.gov/graphics/publicaffairs/factsheets/syrianfsh.htm for Syrians.
I understand the situation with refugees but these guys are clearly asylees who got a break. I understand that they have special circumstances but so did all of us who had to be uprotted from their countries.
 
Actually You need to look at details

ONLY Syrian JEWS are exempted..Not syrian nationals!..Iraqi nationals who were approved asylum after the gulf war are approved..New iraqi nationals are still under the cap.


Regarding Haitians, Cubans. That is different. That is just politics I think.
 
NO

Shamshon,


For the Syrians, being Jewish is not the only requirement. It is more complicated than that. During the first Bush administration and the clinton administration, the United States exerted diplomatic pressure on Syria to enable the emigration of Syrian Jews. But the Syrian government would NOT allow the US to run a refugee program there. As a compromise, the Jews were issued a tourist visa to enter the USA with the understanding that they would be granted asylum upon entry. So they were more like refugees than asylees and should not be treated as asylees. To be eligible, the asylee must have entered on that basis. It does NOT apply to any other Syrians or even to Syrian Jews who came here on their own.

For Iraq. In late 1996, the US ran a covert effort to overthrow Saddam Hussein and failed. Those who worked with the CIA during the project faced certain death. The US could not obviously run a refugee program in Iraq. So they were airlifted to Guam and processed for asylum there. So to be eligible for the exemption from the 10000 cap, they must have been evacuated by the US military AND granted asylum in Guam. I know several of those people. Some of their children entered the US later on as derivatives and bypassed Guam. So they were not eligible and have been waiting like the rest of us. So there is NO special treatment for regular iraqi asylees.
 
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Cubans

Most Cubans do NOT even bother to apply for asylum. Under a 1966 Cold War era law, all they need to apply for LPR status is living in the US for one year--in ANY status. So they have nothing to so with the 10000 cap. If a Cuban for any reason secures a gc thru asylum, he or she is treated like anyone else.
 
Haitians

Shamshon,

There was an amnesty for Haitians in 1998. One of the ways to qualify was to have apply for asylum before Janaury 1996. It does not matter what happened to the asylum application--approved, denied, abandoned whatever. So a Haitian granted asylum now wait just like you did.
 
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One of the links you posted says all about the Iraqi "exception". Read every word carefully:

b) An alien described in subsection (a) is an alien who was a United States Government employee, employee of a nongovernmental organization based in the United States, or other Iraqi national who was moved to Guam by the United States Government in 1996 or 1997 pursuant to an arrangement made by the United States Government, and who was granted asylum in the United States under section 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)).
 
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Originally posted by Gilbert
One of the links you posted says all about the Iraqi "exception". Read every work carefully:

b) An alien described in subsection (a) is an alien who was a United States Government employee, employee of a nongovernmental organization based in the United States, or other Iraqi national who was moved to Guam by the United States Government in 1996 or 1997 pursuant to an arrangement made by the United States Government, and who was granted asylum in the United States under section 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)).
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Gilbert,
I did not know about the Haitian's amnesty program but i guess you are the expert. However beyond all the logistics of how the US adminstration decides who gets to be an asylee and who gets to be a refugee and who is to receive a special treatment, i still feel that this is a reason for people from other countries (that do not have a speical status) to challenge the government and charge it with discrimination. The bottom line is: every asylee should be treated equally whether they are Syrian Jews, or Iraqis, or Cubans or Haitians. i think it all goes back to politics like wantmygcnow stated. I honestly think that this also goes for refugees. They can get their citizenship 5 years after their landing.
 
The reason

The reason they dont allow asylees to have the same privilege as refugees is very simple. In early 90's, Asylum was the simple way to get a u.s residency..Granted it was a long procedure but when your interview finally came up, you had more than 60% chance of being accepted...Many people from countries such as India, Saudi Arabia etc started to apply. Ofcourse there is no fear of persecution in these countries since they are well settled.


Anyways clinton passed a law in 1996 which allowed quick turn-around on asylum applications. When that happened, lots of false asylum applications dropped. Reason being, most of the people who filed Asylum in early 90's thought..hey i will apply, at least I can work legally for at least 6 years...Hopefully I get amnesty by then. The wait time at that time was over 6 years to get an interview..believe it or not..NOw it has gone from 6 to maybe 1 year or even less.

When that law change happened, they should've changed this law of Asylee Cap. Reason being, Asylee Cap was introduced in late 80's and early 90's to limit falsified asylum applications..so that when people saw that it takes upto 5 years to get a gc..screw it, I will go a different route.


Sad to say this bu the previous law of waiting 6 years for your interview was Fair and very fair. The reason I say that is because, that limited Asylum granted caused for less backlog of GC adjusted...with that system 5,000, then 10,000 was Appropriate because 30,000 asylum were being granted.

With the change in the law of asylum process, it has caused backlog..A bottleneck so to speak.

If i said something not right..maybe gilbert can fix it..
 
This two-stage process makes zero sense. I think the US should join other countries (Canada, UK and Australia, for example) in granting immediate LPR status to asylees on the date of asylum approval. This was in fact proposed by a special commission a few years back. As someone else pointed out here a few days ago, asylees will eventually become citizens. What does the US has to gain by delaying this? Asylees are already processed by the asylum office/immigration court. My understanding is that they go thru the same security checks that lprs do. By requiring asylees (and refugees) to apply for adjustment, Congress just doubles the work for the BCIS. We all know that the BCIS is the least efficent agency in American history. It should not be given avoidable work. Without the need for process refugee and asylee adjustment cases, they would have more time and resources to detect possible terrorists and the like in this country.
 
well

The reason is very simple. The longer it takes for Asylees to become citizens..the longer it will take for them to sponsor their famiy..mom/dad, brother,sister..Less Refugess in U.S!!!
 
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