AILF lawyers say HR 1268 Means nothing for CAP

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wantmygcnow

Volunteer Moderator
AILF lawyers say HR 1268 Means nothing for Asylees

I emailed the AILF lawyers..and this is her response...not really a good news as to the tone of her email..read on


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Thank you for your email. You are certainly on top of the issue! We believe that HR 1268 should not result in any fewer asylee adjustments over the next three years than have been agreed to in the Ngwanyia suit. This is our position, and we are checking with the government lawyers to make sure that they agree. Of course, CIS will now be free to adjust more asylees each year than the settlement agreement calls for, though I am not sure how likely this will be.

When we learn more, we will post additional information on our website.
-------MY Email--------->>>
Miss Foley,

Now that H.R 1268 has been passed into law and the Asylee Cap removed, what happens to the asylee lawsuit case? I know it will be presented on June 15, 2005 but do you have any idea how USCIS plans to process asylee cases now since there is no cap anymore.

I think without you and other lawyers hard work, this cap would have never been removed. I know all asylees appreciate you fighting for the asylee minority.

With Regards,
 
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stop worrying about this. Give time for the dusts to settle. This was signed into law LAST NIGHT, for god's sake.

In due course everything will become clear.

wantmygcnow said:
I emailed the AILF lawyers..and this is her response...not really a good news as to the tone of her email..read on


---------------------------
Thank you for your email. You are certainly on top of the issue! We believe that HR 1268 should not result in any fewer asylee adjustments over the next three years than have been agreed to in the Ngwanyia suit. This is our position, and we are checking with the government lawyers to make sure that they agree. Of course, CIS will now be free to adjust more asylees each year than the settlement agreement calls for, though I am not sure how likely this will be.

When we learn more, we will post additional information on our website.
Click to expand...
 
NO actually you cant let the dust settle. The case will be presented to the goverment in less than 30 days..so the AILF lawyers MUSt mention to the judge about the removal of cap.

Thats our only hope that the JUDGE makes USCIS do things because no one else will. The last thing we asylees want is that with the removal of cap, they make the excuse of not issuing a GC because of backlog..Who can sue them for that then????..USCIS not using all the visas in the cap was a genuine case that the lawyers won...Now that the cap is removed, USCIS can make the excuse about backlogs...

Point is...they should follow the ASYLEE lawsuit processing dates PLUS MORe...not that they will clear backlog when they get to it.

Dont you get the politics?
 
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Agree, but I think they maybe have some point is right. USCIS need some time to clear those backlogs.



thankful said:
stop worrying about this. Give time for the dusts to settle. This was signed into law LAST NIGHT, for god's sake.

In due course everything will become clear.
Click to expand...
 
Chris Jones said:
Agree, but I think they maybe have some point is right. USCIS need some time to clear those backlogs.
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The USCIS has more things to worry about than the asylee adjustment cap!!!!!!!
 
thankful said:
stop worrying about this. Give time for the dusts to settle. This was signed into law LAST NIGHT, for god's sake.

In due course everything will become clear.
Click to expand...

I agree with you. We did not expect immediate or an overnight result from this Bill. Most of us knew that the Bill would benefit those with ND after 2002 who otherwise would have waited for 8 to 20 years to get their GC. For those of us with ND on or before 2001, the has virtually no implication. The lawsuit settlement is an immediate benefit to these category of asylees.
 
According to my lawyer there is a chance that the lawsuit will be dismissed by the judge now that the cap is gone :confused:
 
kiev said:
who cares!!!!!
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You right ...everything is going to be good ...First all asylees that received an rfi are going to get adjusted by OCT and second the cap is gone so there is only place for improvement..don't forget there aiming for 6 months wait
 
Who cares! Right on. Great Statement. Even though the cap is removed..it doesnt mean they will do anything. The asylee lawsuit is only one thing that will "make" them adjust as per the judge..so If I am an asylee..i am crossing my fingers that the Asylee lawsuit is accepted and not dismissed as to no value..

Its of great value if you stop and think about it.
 
We are talking about USCIS here

Just because the cap is removed doesn't mean that USCIS is going to use it right away to the benefit of Asylees.
Remember the cause for the Ngwanyia suit in first place. Even when there was 10,000 quota, it was still 10,000 not 2,000 and there were years when USCIS adjusted only some 2,000 people.
Now, I'm not saying that they are not trying and making improvements but they have limited budget and capacity and they have to balance it and prioritize. Asylees are just another special interest group. If asylees don't use class action suits as tools to achieve their goals the cap removal will not make any difference itself.

Alex
 
Totally agree with wantmygcnow and Alex.

There were 10,000 quota, and they used 2,000~7,000/year.
There will be unlimited quota, and they can still use 2,000~7,000/year.

Without the lawsuite against them, USCIS would treat us asylees like nobody and subhuman all the time.


Alex_e38 said:
Just because the cap is removed doesn't mean that USCIS is going to use it right away to the benefit of Asylees.
Remember the cause for the Ngwanyia suit in first place. Even when there was 10,000 quota, it was still 10,000 not 2,000 and there were years when USCIS adjusted only some 2,000 people.
Now, I'm not saying that they are not trying and making improvements but they have limited budget and capacity and they have to balance it and prioritize. Asylees are just another special interest group. If asylees don't use class action suits as tools to achieve their goals the cap removal will not make any difference itself.

Alex
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I think that USCIS will still take their sweet time. Refugees don't have any cap for adjustment and USCIS still proccess 2003 cases. So what makes us all think that they will jump on it and adjust all of us right away. If that will be the issue the lawsuit certainly should be filed. We pay money and expect service to be fast, especcially when there are no barriers like cap.
 
wantmygcnow said:
Who cares! Right on. Great Statement. Even though the cap is removed..it doesnt mean they will do anything. The asylee lawsuit is only one thing that will "make" them adjust as per the judge..so If I am an asylee..i am crossing my fingers that the Asylee lawsuit is accepted and not dismissed as to no value..

Its of great value if you stop and think about it.
Click to expand...

who said is lesser value .....all I said was either way things are getting better :) also the judge can order them but not "make" them ...so the number of adjustments will still be depended at CIS capabilities unless the judge takes the cases at the court house and adjust them himself....I say it again CIS is aiming for 6 months wait
 
In all due respect Samoel, A judge's order has more value to than USCIS "AIMING"..I aim to get to work everyday at 9am but manage to get here at 9:10...Now if boss "ordered" me to be here 9 am..sharp..I may make more attempt...Get the point??
 
samoel said:
who said is lesser value .....all I said was either way things are getting better :) also the judge can order them but not "make" them ...so the number of adjustments will still be depended at CIS capabilities unless the judge takes the cases at the court house and adjust them himself....I say it again CIS is aiming for 6 months wait
Click to expand...


Six month processing time is the ideal goal toward which they are striving. In fact in the past few years they have made many improvements. Examples incude the email notification function and the new green card production system.

The point is that they have a limited number of officers and a limited amount of resources. And also they need to be extra vigilant in this 9/11 environment. Background checks on applicants by various intelligence agencies often take a long time. And this is beyond the DHS control.
 
wantmygcnow said:
In all due respect Samoel, A judge's order has more value to than USCIS "AIMING"..I aim to get to work everyday at 9am but manage to get here at 9:10...Now if boss "ordered" me to be here 9 am..sharp..I may make more attempt...Get the point??
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I get your point but I think that congress is the "boss" of cis not the judge anyway i guess will wait and see....
 
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Hampton...In this age of digital this and that..a security check takes mere few hours by the FBI..so That excuse doesnt fly with me. Dont you watch 24?..They got fingerprints of everyone and everybody ;)
 
Mr. Samoel,
I have to aim at you again :)
You are just too kind and naive to understand bureaucracy and dirty politics.


wantmygcnow said:
In all due respect Samoel, A judge's order has more value to than USCIS "AIMING"..I aim to get to work everyday at 9am but manage to get here at 9:10...Now if boss "ordered" me to be here 9 am..sharp..I may make more attempt...Get the point??
Click to expand...
 
OH yah If this lawsuit is thrown out, asylees with 2001 or earlier cases may have to wait more...remmeber "backlog" is a good excuse..and if they take 6 months to process a freakign travel document that requires no clearances..imagine what 18,000 GC's will cause?? With lawsuit, 18,000 has to be approved by end of september.
 
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