Asylee adjustment cut-off date

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Also Jack I don\'t make fun of any serious matter like Ma2 saying hahaha! etc. Here we all are serious people facing serious problems. Its not a chit-chat for fun. Before we provide any suggestion to anyone, we should also try to judge the tone of the message it another person is bein non-serious, funny etc.
 
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That\'s cool man. I just want people to read our messages more carefully. And if we make mistakes please check your case with the INS sources, lawyers etc.
   Have a safe trip to Canada.
 
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An old posting I found at this link said INS will continue to interview asylee I-485 aplicants even if the FY quota has met of that year. That\'s no news to me, but for anyone who\'s interested can read it here.

INS Reports Asylee Adjustment Cap of 10,000 is Reached (4/6/98)

The U.S. Immigration and Naturalization Service (INS) reports that all 10,000 fiscal year (FY) 1998 asylee adjustment numbers have been used, and no further grants of asylum may be processed until October 1, 1998. The memo adds, however, that adjudicators may still continue to interview applicants. See this week\'s issue of Interpreter Releases for a copy of the INS memorandum.
 
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Hi Jack, as for the link in your previous post, yes it\'s the interim rule of 1998 centralizing everything in NSC.
As for that fellow, he must be counting ten years since he first filed for asylum, not since he filed I-485. And I bet that his case was derived to an IJ, this is why he is waiting for so long. It\'s hard to believe someone could be waiting for more than ten years since he/she filed I-485. His concern about that date of June 98 that hasn\'t moved over the time, is explained by the centralization of I-485 processing at NSC.
As for CIA clearance, note that they are referring to refugees, I will assume that the CIA clearance is required for them or maybe is a misunderstanding, and they meant FBI. In our cases, they investigate us through the fingerprints. At least that is what I know.
 
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Alanpero,

They were talking about both asylees and refugees. This is what I found from an old professional newsletter (from 99):

As of October 31, there were 19,000 asylee and 66,000 refugee adjustment-of-status applications pending at the INS. The INS expects these figures to rise sharply when 22,000 "front-logged" adjustment applications from August and September (including, but not limited to, those of asylees and refugees) are sent en masse from district offices to the Nebraska Service Center. (There are 10,000 asylee slots allotted for FY 2000.)

Assistant Commissioner for Service Center Operations Fujie Ohata said that a November 24 INS memo directs the Nebraska Service Center to adjudicate refugee and asylee adjustment applications without waiting for CIA clearance, thereby circumventing problems caused by the backlog of tens-of-thousands of applications for which CIA background checks have not yet been conducted. In the absence of any information from the CIA, the security clearance for an application will be regarded as a "presumptive negative." If a CIA background check subsequently calls a particular application into question, that case will be reopened. (December 1999)
 
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The CIA check is part of the background investigation required of most adjustment applicants (asylee, refugee, family-based, employment-based).

The fingerprint is used by the FBI for criminal record and domestic intelligence database checks.

The CIA, on the other hand, checks for any foreign intelligence or terrorist link. They only use your name and certain bio info. Remember the colored G-325 form you filled out? The INS extracts info from the G-325 and send them to the CIA, DIA, NSA, U.S. consulates and other agencies.

There are all routine. Nothing to worry about.
 
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Hi Gilbert, I didn\'t know that. It makes sense that FBI works for domestic clearance and CIA for international affairs. I didn\'t have that specific information you found, but will understand that those 22000 "front logged" applications comprise asylees, refugees and others, hope so. Thanks
 
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Thanks to the kind soul who invited me to this wonderful forum.

Since my posting to another forum was quoted here, I feel I have to respond. In my original post I don\'t claim I have "waited 10 years for my asylum based I-485". Instead, I wrote "I\'ve been waiting almost 10 years for my green card" and I meant that I applied for asylum 10 years ago.

Here\'s the time frame of my case:

08/91 filed application

01/97 finally called for an interview (5 ½ years later!)

01/97 asylum granted

02/98 after one year applied for adjustment of status as required (I-485)

07/99 letter from local INS office: "your request for lawful permanent resident status is pending due to the unavailability of visa numbers"

07/01 still waiting… (4 ½ years after I-485!)

What can an applicant do to speed up, or at least clarify the status of his/her I-485 asylee adjustment case?

Any help, hint or clue would be greatly appreciated,
Val
 
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Valtod,

You should start bugging the INS office holding your file. It is reasonable to say that when the new fiscal year starts in October, you are entitled to one of the new quotas.

You are almost there--congratulations.
 
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Hi ValTod, we have to thank you for posting details of your application. And congratulations, you are at the very end of the process. I expect you to be called for FP this year. As per the last "cut-off" date reported by INS, your application "should have been adjudicated by now, or should be in the process of being adjudicated" so, there are no "excuses" now for your application not being processed in FY 2002 (starting this coming October). So again, congratulations, and please keep posting further progress in your application. We are eager to know about progress in applications filed at local INS offices, because they provide clues on when applications filed later will have some move.
As for what an applicant can do, unfortunately there is nothing you can do directly dealing with INS; however, you can write your congressperson and ask for supporting HR 1560 to increase numerical limitation. Please read discussions "Bill to increase numerical limitation...", "We have to write congressmen" and others and insist with congressperson. There is nothing to lose!!
 
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Hi Val,
I called the INS Nebraska Service Center today to find out the status of my I-485 application (which I filed in Dec-98). I had asked for a case # (since the # I have is from the local INS Center) but I was told that I should use my Alien # for right now and that I can get a case # from Nebraska only after a visa becomes available for me. I told the INS officer that I had had my fingerprinting done twice (in 1999 and 2000) and she said that I should not have been called for fingerprinting.
I was told that at present, visas were available for applications filed untill January 98. I was also told that there is a very good chance that I will get my Green Card when the next quota of visas is issued on Oct, 1,2001. Personally, I think that might be too good to be true :(
But since you have applied in Feb, 98, you should definitely get a visa this year. Do keep us posted please. Good Luck!

Jameel
 
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According to the AILA, the INS Nebraska Service Center processing time for the period ending April 30, 2001 of I-485 asylee adjustment cases is from 990 to 1020 days. Date of cases pending initial adjudication: 06/02/98
http://www.enteract.com/~mdb/pblaw/nsc.html

The same report from April 30, 1999 lists processing time from 400 to 500 days.
Processing for initial receipt date: 07/06/98
http://www.kapoorlaw.com/update34-990608.html

Does it mean that the Nebraska center did not process ANY I-485 asylee adjustment cases for 24 months?! Or do I read the data wrong?

Val
 
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Hi Val,

 I found your *out cry" in Deja newsgroups and I invited you here :)
First of all welcome to this board.

Second, as you may have read in my old postings I applied mine in September 1996. I was called for finger print/interview in March 2001. There I was told that the asylee GC quota for this FY has already been met, therefore I need to continue waiting.
  Some of my immigration expert friends tell me there is a good chance I will be in the FY 2001 batch (which will come around in October 2001). So I\'m hoping that is true.
 
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Partial read out from the reply email I received from AILF reads:

"...If the case is successful and things improve for the class, your situation will improve as you will automatically be part of the class, if a class is certified."
 
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AlanPero and Gilbert, thanks for the congratulations! I just hope they\'re not too
premature -- having been dealing with INS for almost 10 years I wouldn\'t say I\'m
overly optimistic :-) I\'ll keep you posted.

Jameel, last time I called Nebraska Center, I believe it was March, I was told almost
exactly the same thing as you were about the case number. I\'m not even sure my case
is in Nebraska, it may stll be here in the local INS office in Tampa, FL.

As far as HR 1560, I just read about it and I\'ll definitely send a standard letter of
support.

All the best,
Val
 
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Hi Val, No that doesn\'t mean they did not process any I-485 asylee adjustment. As a matter of fact, they have been processing the maximum allowed by law (10000 per year). Those dates and processing times reported up to now, are useless. There is an understandable reason why that "reported date" has not changed.
After July 98 all applications are filed at NSC, so it\'s like there is a one single line of people waiting for being in the next 10000. But before July 98 applications were filed at local INS offices, so it\'s like if there were several lines of people waiting also for being in the next 10000. And it happens that NSC knows only how many have applied at Nebraska but not at each local office, and NSC has to process applications on a first come first serve basis.
Each FY, NSC calls local offices to notify NSC of approvable asylum adjustment cases and enter the A number and filing date to a local data base. At the beginning of the FY the oldest 10000 (actually 9750, and they leave 250 for final corrections) filed cases are extracted and offices holding those extracted cases are notified to complete the adjustment.
So, now to answer your question: that "reported date" hasn\'t changed because NSC doesn\'t know the exact date for initial processing at local offices and NSC relies on info provided by those local INS offices. Instead, NSC reports the date of the application filed at NSC that they will process AFTER the processing of applications filed at local INS offices is completed. And this date won\'t change until they complete the adjudication of applications filed at local INS offices (hopefully this year). After that, we will see that "reported date" moving, as it should be.
Finally I want to thank Jack for bringing you to this forum and also thank to Jameel for posting his last experience with NSC.
 
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Jack, thanks again for the invitation... The fact that, after applying for adjustment of status as far back as 9/96, you\'re still waiting is quite disconcerting. It suggests that being 14 months behind you, I shouldn\'t hold my breath for getting a GC in the next one, or probably even two years :-(

Val
 
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Alan,

What did you find the info that the INS leaves 250 cases for correction? I would like to read it on my own.
 
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Bobbie, On June 29 you created a discussion titled "Asylees", and at your request, I provided a link to some minutes of meeting you wanted to read. It\'s in there.
I do not recall about you posting when you filed your I-485. Could you please let us know some details about your case (like Receipt date and Notice date, last info you got from NSC, etc)or if you did it, in what discussion you posted it? Thanks
 
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