ATTENTION EVERY ONE : PLEASE JOIN - Petition further ideas

cinta

Registered Users (C)
Petition Further Ideas

Petition fellows,

Let us have some ideas for continuation in parallel with the Petition. From one article and also the 800 number complain, AILA looks like is aware of the problem.

July 3, 2003


FOR IMMEDIATE RELEASE
Contact: Julia Hendrix
jhendrix@aila.org or (202) 216-2404
July 3, 2003

Becoming American
The Reality of the American Dream

Washington, DC - On July 4th, immigrants nationwide will demonstrate their patriotism and love for America by becoming citizens. Many members of the
American Immigration Lawyers Association (AILA) will be joining their clients at naturalization ceremonies as these immigrants begin their journey as new
Americans.

"Becoming an American on Independence Day has special significance, and not just for the obvious patriotic reasons," states Palma Yanni, President of
AILA. "For many, this day represents the end of an arduous process. Many immigrants face enormous hurdles just to come to the United States, and then
the bureaucracy involved in becoming an American can be daunting."

Currently, an immigrant's application to become a citizen takes a year or more to process. It can take up to 4 years or even longer to process applications
for permanent residency.

"Many hardworking, tax-paying immigrants struggle to understand an increasingly complex immigration system that seems to thwart people's efforts to
become U.S. citizens," continued Yanni.

"The pursuit of the American dream is endemic to all immigrants. However, the current system just doesn't make those dreams a reality," states Yanni.
"President Bush promised he would fix the immigration system and that six months to process applications would be the norm. We urge him to live up to
that promise."

The President promised to spend $100 million a year for 5 years to achieve a 6-month application processing time. However, in the current FY 2004
budget not even this minimal amount of money is set aside to meet this important goal.

"Backlogs in obtaining green cards and citizenship have a real impact on people's lives," states Yanni. "Such backlogs make it difficult, if not impossible, to
reunite with family; certain jobs are off-limits; and travel may be difficult, if not prohibited. The President and Congress also have to get serious about
immigration by reforming our out-of-date policies. Promising to throw money at a system that doesn't work is not good enough. We must make the
American dream a reality."

# # #

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.
 
Cinta,
Next, we should target for thousands of signatures for our petition.
Then contact all congressmenand senators.
Then we should approach AILA and AILF to represent US.
Some of us are interested in approaching Media.

I'm sorry to say that petition might not have immediate impact but it is useful on long run. Our immediate target should be budget, so contacting congressmen and senators should be our next step.
 
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all the way!

Originally posted by Edison
Cinta,
Next, we should target for thousands of signatures for our petition.
Then contact all congressmenand senators.
Then we should approach AILA and AILF to represent US.
Some of us are interested in approaching Media.

I'm sorry to say that petition might not have immediate impact but it is useful on long run. Our immediate target should be budget, so contacting congressmen and senators should be our next step.

Edison,
I agree. I think only Barney Frank is with us all the way, but we will go for all of them. No discrimination here! (lighter note?)
 
Approaching media may be a good idea

Is there anyway we can publish some extracts from our final petition in a newspaper that most BCIS managers will read? How about writing (e-mail) to Tom Ridge, BCIS director, and service center directors directly using similar tone as the petition?


Originally posted by Edison
Cinta,
Next, we should target for thousands of signatures for our petition.
Then contact all congressmenand senators.
Then we should approach AILA and AILF to represent US.
Some of us are interested in approaching Media.

I'm sorry to say that petition might not have immediate impact but it is useful on long run. Our immediate target should be budget, so contacting congressmen and senators should be our next step.
 
YJay,
Secretary of DHS, Undersecretary of DHS, .......... everyone should be approached.

Let's focus on budget. We all are aware that congress has to approve the budget. Then let's knock on all the source which can influence congress to increase the budget.
 
Budget

Sure more money would enable BCIS to work faster. Does DHS have a budget proposal (for 485 cases) in front of the congress for approval? If not, the cycle could be very long. We may not see any actions at BCIS soon.

If BCIS could give higher priority to reducing backlog by stopping diverting 485 funds and resources elsewhere we can see immediate results. Lack of funds is only an excuse. The application fees should cover the costs of adjudication. If not, BCIS would have increased application fees, which I don't have any objection to.

If BCIS were a private coporation, they would have long filed chapter 11 (for collecting money but not delivering the service).


Originally posted by Edison
....
Let's focus on budget. We all are aware that congress has to approve the budget. Then let's knock on all the source which can influence congress to increase the budget.
 
Re: Budget

YJay,
Just few months back VSC service center director/some VSC spokesperson mentioned that application fees doesn't go directly to service center budget. I think it goes to Federal government then again Budget allocation process.
 
How about

Getting signatures of people residing in congressional districts of the senators and then sending the letter to relevant senators, sooner or later we would be in the pool to vote which is what normally matters to the politicians.
And yes the app money goes to fed and thru appropriation comes back to dhs (albeit a very small portion makes it back):mad:
 
BUDGET?
Folks,
What we need is to put a good AILA lawyer in front of the media, who can articulate our issues very well .
He can soften the issue for senators and congressmen to support us then.
Elections are near and campaigns run on fuel.
-sai
 
Please see the comments of a US immigration attorney:

Excerpt:
-----------
6. Financial Resources

A Service Center needs financial resources, in other words money, to fund payroll, hire, train and re-train staff, acquire new hardware and software, implement new technology, pay for rent and supplies, and otherwise cover operating costs of business. Payments made towards petition filing fees by petitioners and beneficiaries actually are forwarded to the U.S. Treasury, not the Service Center budgets.

The Congress appropriates money to the new Department of Homeland Security, the Immigration Service, and through them the Service Centers. Funding has increased by almost 4%, but much of that money has not reached the Service Centers yet. Recently, BCIS lost about $30 million in revenue from filing fees when, for technical reasons under the Homeland Security Law, all petition filing fees were reduced for a short time from January 24, 2003 to February 27, 2003. There are continuing concerns about funding for the increased projected demands on BCIS. In short, the Service Centers just need more money.

Eventually and with time, we believe that the Service Centers will improve their efficiency and processing speed. Yes, we know they are slow right now, but anger, frustration and complaints will not make the Centers process any petitions faster.

......................

As the immigration system improves, we suggest the following: 1. Be patient. 2. Continually check the status of your case online at the BCIS website (and telephone lines, when you can get through). 3. Stay informed about the unoffical Processing Time Reports of the Service Centers (many Immigration Attorney websites post these frequently) and 4. Voice your opinion where it may be constructive and helpful. Say it loud and clear and often. Contact Your Local Congressman's (or Congresswoman's) office, specifically the Immigration Liaison staff person in the office. Register your dissatisfaction with current petition processing speed and ask that legislative priority be given to more funding for immigration. Congressmen's offices record the views and opinions of constituents, and take them into account in committee hearings, fact-finding reports and ultimately votes on the floor for new legislation. No, of course money is the not the answer to everything, but it will surely mean more personnel and resources, and thus hopefully better efficiency and speed.

...........................


http://www.usaimmigrationattorney.com/WhyIsMyPetitionTakingSoLong.html
 
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I think Class action law suit against BCIS is very good option.

BCIS approved
62,374 I-485 applications in 2002,
57,948 I-485 applications in 2001 and
47,014 I-485 applications in 2000 .

Just EB based GCs per year limit is 140,000, Out of that for EB1(including NIW), EB2 and EB3 is 120,000. Per country limit is meaningless after AC21. Based on the approved I-485 numbers, we can assume that only about 30k to 40k is EB based , they wasted the remaining about 100k to 110k visas.

The class action law suit was filed against BCIS for not utilizing 10,000 visas allocated to asylees every year. For EB based they are wasting about 100k. So same argument for class action law suit.
 
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http://www.rreeves.com/pub_217.htm

Excerpt:
----------
The INS acknowledged in a Government Accounting Office report that the backlog in pending adjustment of status applications had increased substantially. This backlog has caused legal immigration to be lower then it should be.

It was also noted in the GAO report that there are "statistically significant differences" in the processing delays among the district offices with Los Angeles rating as one of the slowest in most categories. The GAO finally noted: Differences in processing times mean that aliens in different INS districts have had to wait disparate amounts of time for their applications to be processed. In the Los Angeles district aliens face some of the longest delays in the United States.

The Immigration and Naturalization Service is responsible for processing various immigration applications. Under federal law the INS is required to adjudicate these applications "within a reasonable time." The U.S. General Accounting Office reports: "INS' goal is that the application process will be timely, consistent, fair and of high quality.' The GAO went on to note that what was considered "reasonable time' by the INS included 6 months for adjustment of status and naturalization interviews and 3 months for work authorization

While applications pile up unadjudicated for years and the INS continues to be understaffed and overworked processing time becomes anything but reasonable. The pleas for action from immigrants go unanswered. What then can an immigrant do? Who can they turn to for help?

What should an alien do when his or her application has been pending for months or even years with the Immigration Service with no adjudication in sight. Under the Federal Administrative Procedure Act federal agencies including the INS are required to adjudicate applications "within a reasonable time." It is the job of the immigrant's attorney to make sure the INS follows the law.

When the INS is not adjudicating an application within a reasonable period of time, the attorney should follow up with the INS by making phone calls and requesting in writing for the status of the case and for adjudication of the application. The applicant in this case should choose an attorney with an outstanding reputation and established relationship with his colleagues at the INS.

When these informal methods are unsuccessful, the attorney should, on the applicant's behalf, file suit in the U.S. District Court requesting that the Court order the Immigration Service to adjudicate the application. This type of lawsuit is called a Writ of Mandamus, which seeks to compel an officer or employee of the United States or agency thereof to perform a duty owed to the plaintiff. This includes the duty under the Administrative Procedure Act that requires federal agencies to render decisions on applications within a reasonable time.
 
Immigration Services and Infrastructure Improvements Act
of 2000 explains Backlog:




Excerpt:
----------

SEC. 203. <<NOTE: 8 USC 1572.>> DEFINITIONS.

In this title:
(1) Backlog.--The term ``backlog'' means, with respect to an
immigration benefit application, the period of time in excess of
180 days that such application has been pending before the
Immigration and Naturalization Service.
(2) Immigration benefit application.--The term ``immigration
benefit application'' means any application or petition to
confer, certify, change, adjust, or extend any status granted
under the Immigration and Nationality Act.

SEC. 204. <<NOTE: 8 USC 1573.>> IMMIGRATION SERVICES AND
INFRASTRUCTURE IMPROVEMENT ACCOUNT.

(a) Authority of the Attorney General.--The Attorney General shall
take such measures as may be necessary to--
(1) <<NOTE: Deadline.>> reduce the backlog in the processing
of immigration benefit applications, with the objective of the
total elimination of the backlog not later than one year after
the date of enactment of this Act;
(2) make such other improvements in the processing of
immigration benefit applications as may be necessary to ensure
that a backlog does not develop after such date; and
(3) make such improvements in infrastructure as may be
necessary to effectively provide immigration services.

Immigration Services and Infrastructure Improvements Act of 2000'
 
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Originally posted by Edison
YJay,
Secretary of DHS, Undersecretary of DHS, .......... everyone should be approached.

Let's focus on budget. We all are aware that congress has to approve the budget. Then let's knock on all the source which can influence congress to increase the budget.

Edison and others,

All the ideas here are good. The budget is important but from what I read I think the FY 2004 has NOT set aside any money yet from the Presidents 500 or 600 million up to 2006. There are also several immigration bills in Congress and also the PATRIOT ACT. It would be a perfect short cut if a "friendly" congressman attaches something about us in one of these bills, or introduce a new one. Is there any way we could relate the PATRIOT ACT (Dept. of Justice - Ashcroft)to Homeland Security and eventually our cause? I think so. That is why we should start thinking about AILA/AILF so we can navigate our cause through the
current Government environment.
 
Cinta, Edison, YJay , Dengdeng, Sai and all,
Shall we embark on a letter / petition addressed to Congress Men ? This letter will be different compared to the one we have prepared for Mr Khatri.
When we address a new letter to congress men, we can ask them to change the rules and ask for the following (which we couldn't ask BCIS) :
1. InterimGC after 6 months
2. Increase EAD validity period to 2 years (in case demand 1
can't be satisfied)
3. Increase budget
4. Order BCIS to utilise the full quota of EB greencards for each year (120,000 / year or so)
5. Set timelines for case approvals

The content of the letter also could be different from the one we have prepared for Khatri.
What do you all say ?
 
Originally posted by Edison
I think Class action law suit against BCIS is very good option.

BCIS approved
62,374 I-485 applications in 2002,
57,948 I-485 applications in 2001 and
47,014 I-485 applications in 2000 .

Just EB based GCs per year limit is 140,000, Out of that for EB1(including NIW), EB2 and EB3 is 120,000. Per country limit is meaningless after AC21. Based on the approved I-485 numbers, we can assume that only about 30k to 40k is EB based , they wasted the remaining about 100k to 110k visas.

The class action law suit was filed against BCIS for not utilizing 10,000 visas allocated to asylees every year. For EB based they are wasting about 100k. So same argument for class action law suit.

Hi Edison and others,
If we are able to prove thsese statistics, then we must definitely file a Law Suit. I am all for that. Can you share more light on the source of this information so that we can all do some research and feasibility study for a class action law suit ?
 
STATUS

Hello fellows,

Edison, if your numbers are correct, then we have a stong case for a CLASS ACTION SUIT. The president of AILA is Palma Yanni with an excellent pro-immigration record. I also think that subsequent letters to the media and Congress or other Government institutions should be modified from the petition letter accordingly. For example, an open letter to the media should concetrate on the injustice so people who read it can relate to us. For congress, it should concetrate on numbers and the current immigration mess, to which we are paying the price.
Cheers
 
Numbers

Originally posted by dsatish
Hi Edison and others,
If we are able to prove thsese statistics, then we must definitely file a Law Suit. I am all for that. Can you share more light on the source of this information so that we can all do some research and feasibility study for a class action law suit ?

dsatish and others,

Let us cross check Edison's numbers before we forwrd to AILA? and others. How about FY 2003, ending on September 30? We definetely need these numbers also. I was right so far relating the asylees numbers with our case - I think.
 
Originally posted by Edison
I think Class action law suit against BCIS is very good option.

BCIS approved
62,374 I-485 applications in 2002,
57,948 I-485 applications in 2001 and
47,014 I-485 applications in 2000 .

Just EB based GCs per year limit is 140,000, Out of that for EB1(including NIW), EB2 and EB3 is 120,000. Per country limit is meaningless after AC21. Based on the approved I-485 numbers, we can assume that only about 30k to 40k is EB based , they wasted the remaining about 100k to 110k visas.

The class action law suit was filed against BCIS for not utilizing 10,000 visas allocated to asylees every year. For EB based they are wasting about 100k. So same argument for class action law suit.

Click on the Immigration benefits link to view only the concerned report. To read about the immigration facts start from the below mentioned Immigration facts home page of BCIS

Source - BCIS website:
http://www.immigration.gov/graphics/shared/aboutus/statistics/publist.htm
CLick on 'Fiscal Year End Statistical Reports' that takes you to
http://www.immigration.gov/graphics/shared/aboutus/statistics/workload.htm

The following reports for Fiscal Year End Statistical are available
September 2002 Monthly Statistical Report, End of FY 2002
http://www.immigration.gov/graphics/shared/aboutus/statistics/msrsep02/index.htm
(Check Immigration Benefits - http://www.immigration.gov/graphics/shared/aboutus/statistics/msrsep02/BENEFIT.HTM)

September 2001 Monthly Statistical Report, End of FY 2001
http://www.immigration.gov/graphics/shared/aboutus/statistics/msrsep01/index.htm
(Check Immigration Benefits - http://www.immigration.gov/graphics/shared/aboutus/statistics/msrsep01/BENEFIT.HTM)

September 2000 Monthly Statistical Report, End of FY 2000
http://www.immigration.gov/graphics/shared/aboutus/statistics/msrsep00/index.htm
(Check Immigration Benefits - http://www.immigration.gov/graphics/shared/aboutus/statistics/msrsep00/BENEFIT.HTM)



Hi,
I'm sorry I think the numbers I mentioned are all just receipts for that year/month but I'm sure approvals will also be same since backlogs are increasing. If we do some calculation we might arrive at similar fugures.


Thanks.


 
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Once Rajiv approves the petition I would like to take the initiative of sending it to the radio talk shows and local TV stations.

Also I can make sure that we have enough signatures by sending the link to local indian mailing lists that reach a lot of desis.
 
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