Backdate GC - Forum Details

[TwilightZone]

Propose to USCIS that they backdate the GC for those applications that are outside the stated processing times and account for the time delay in adjudication of GC.

Long-time GC applicants whose applications have been pending many years are negatively impacted. This impact is felt even if their green cards are approved, in that the clock for the mandatory wait time for citizenship application process does not start until the approval of the green card. These applicants would have to wait another 5 years to be in a position to even apply for their citizenship. So all the time spent unduly waiting, say for the FBI name check, is literally wasted and not accounted for in the long struggle towards citizenship.

This proposal would not change anything else in the application process for citizenship, including the requirement for the completion of the FBI name check or other security checks again during the citizenship process. It would assist these impacted applicants in applying for the citizenship earlier and help them proceed forward from this milestone of permanent residency on to the path to citizenship.

If you are interested:
- please reply to this thread with details on your application delays, any actions you may have taken and suggestions

Refer conference calls:
April 10 2008: Starting around 43:15 min
Rajiv will try to help. Possible options are to:
- Write letters to congressional members who are sympathetic to such causes
- Approach other forums like Immigration voice who may be willing to assist
- Contact members of press

April 24 2008: Starting around 3:48 min and 50:44 min
Rajiv wants to address this issue on a separate phone call.
- Class action lawsuit may be difficult but individual lawsuit is certainly worth looking into as this could be a matter of statute in which case only Congress can change it.
- Rajiv will be happy to assist in whatever way he can and will take a look at the law.
- As a first step, this separate dedicated forum has been setup to discuss options.

What is being done:
- this dedicated forum for discussion
- evaluate and address options

 

[GCBy2010]

A suggestion

There are 10s of thousands of applicants that were stuck in the Labor backlogs with DOL & backlog reduction centers. Can we include not just USCIS delays but also labor department delays so that we have a larger pool of applicants willing to sponsor this idea.

We can take a reasonable cut off, say 2 or 3 years for labor clearance and say about 6 months or so for USCIS delays. Alternatively, we can also consider a total time period of 2 years for the entire process to be a cumulative and reasonable time frame since the labor application was filed (priority date) or 140 filed (for cases that don't require labor certification). For cases delayed beyond 2 years we should consider applying the 5 year residence criteria following that 2 year period.

This proposal should attract a lot more attention from applicants..

Can we file a lawsuit saying that because of these unconscionable delays we are not able to vote in the upcoming elections though having lived here for a decade paying taxes, contributing to local community/economy etc. This might attract attention from would-be presidential candidates. just an optimistic thought.

If Rajiv can file a mandamus CAL that can interest a lot of people

Just my 2 cents.

 

[GCBy2010]

A first attempt at Legislative relief

Can someone who lives in San Jose, California send this letter to Rep. Lofgren..Please feel free to modify contents.. I tried to fill up the form, but I guess it does'nt let anyone from outside of her constituency to send a request to her..

http://lofgren.house.gov/emailform.shtml

If you live close by in her area, it might even be worthwhile to meet her as she seems to be aware of the plight of immigrants..

Thank you.

*******************************************************

Dear Rep. Lofgren,

I would like to thank you profusely for addressing several different immigration issues by means of bills like HR 5882, 5921, 5570 and 6020.

One of the key issues that has been overlooked is the time required for naturalization for employment based immigrants. Once the greatest ordeal of getting permanent residence is over, we need to wait for another 5 years to apply for US citizenship through naturalization.

The problem with the employment based permanent residence process is that, it takes anywhere from 5 to 7 years from initiation to obtaining permanent residence. This is due the inordinate delays encountered in several processing steps involved in this process, viz., Labor certification, I-140 and the final I-485 process.

I request your esteemed offices to include a provision in one of your pro-immigration bills to count the time required (5 years) for applying for US citizenship to begin with the priority date of the Labor application that is filed as part of the permanent residency application.

This way, the total time required is counted from the beginning of the permanent residency process rather than the completion of the permanent residency process.This will kind of eliminate the double wait that is being forced upon immigrants, and this wait could go upto 12 years for many applicants today.

Thank you for your consideration.
**********************************************************

 

[keepupdahope]

Count me in: I'm close to the 6 year mark. Applied in 07/2002 and received an approval on 05/2008. My labor petition was stuck for 4.5 yrs. I did petition through the local Senator about my pending labor only to get a standard note from the USCIS about the BEC process.

We need to get some momentum here for this just cause.

Thank you for taking the lead on this.

Propose to USCIS that they backdate the GC for those applications that are outside the stated processing times and account for the time delay in adjudication of GC.

Long-time GC applicants whose applications have been pending many years are negatively impacted. This impact is felt even if their green cards are approved, in that the clock for the mandatory wait time for citizenship application process does not start until the approval of the green card. These applicants would have to wait another 5 years to be in a position to even apply for their citizenship. So all the time spent unduly waiting, say for the FBI name check, is literally wasted and not accounted for in the long struggle towards citizenship.

This proposal would not change anything else in the application process for citizenship, including the requirement for the completion of the FBI name check or other security checks again during the citizenship process. It would assist these impacted applicants in applying for the citizenship earlier and help them proceed forward from this milestone of permanent residency on to the path to citizenship.

If you are interested:
- please reply to this thread with details on your application delays, any actions you may have taken and suggestions

Refer conference calls:
April 10 2008: Starting around 43:15 min
Rajiv will try to help. Possible options are to:
- Write letters to congressional members who are sympathetic to such causes
- Approach other forums like Immigration voice who may be willing to assist
- Contact members of press

April 24 2008: Starting around 3:48 min and 50:44 min
Rajiv wants to address this issue on a separate phone call.
- Class action lawsuit may be difficult but individual lawsuit is certainly worth looking into as this could be a matter of statute in which case only Congress can change it.
- Rajiv will be happy to assist in whatever way he can and will take a look at the law.
- As a first step, this separate dedicated forum has been setup to discuss options.

What is being done:
- this dedicated forum for discussion
- evaluate and address options