Can We settle on These Bases?

ECGC,

I think the concept behind t/cGC (temporary/conditional), is that if you have been waiting over 6 months, then should be able to go to any INS office and get your passport stamped, which ends the matter right there. Offcourse the INS offices are going to be crazy busy for a few months I would imagine, but it can be well organized with people of certain dates stepping forward on certain dates in an orderly queue. That should deal with the matter of resources. The major advantage will offcourse be, as you rightly mentioned, freeing up or resources big time in terms of AP/EAD/H1/H4 renewals. All these resources can now be placed upon the AOS/140 backlog reduction program, whereby allowing INS to meet the congress mandate of 6 month processing time frames for cases.

As far as assur and sreddy88 are concerned, Gentlemen, PLEASE for the last time, all we are doing is demanding! Rajiv will go through this and decide. So please don't waste your time and effort in quibbling over these points.

A number of people who have been very active in not just this lawsuit but also in the program to appraise Congress of our plight, have consistently over the past 6 months or more, fought on both these issues. Speedy processing as well as Citizenship considerations. Please don't let this lawsuit breakdown over special interests.
 
Re: Re: Citizenship - Re: Re: Thursday

Originally posted by assur
You got it. I would suggest that a priority list of issues should be prepared in the order of importance, addressing, to eleborate the exact picture. This list could be posted and voted in 1 and 2 by forum participants. Results then can be used for arguments preparation and presentation onward.

assur,

I think dialogue is better than voting for the simple reason that most of the people with GC are not frequent visitors anymore. The least that we could recommend is like six months from I-485 RD, should be a Citizenship clock, even though I believe we should be more aggressive. The mere mention of it will increase our visibility.
 
Great job Rajiv. Thanks a lot for all your help.

All the points looks great to me.

Once again thanks for all your efforts.
 
Originally posted by 140_takes_4ever
ECGC,

I think the concept behind t/cGC (temporary/conditional), is that if you have been waiting over 6 months, then should be able to go to any INS office and get your passport stamped, which ends the matter right there. Offcourse the INS offices are going to be crazy busy for a few months I would imagine, but it can be well organized with people of certain dates stepping forward on certain dates in an orderly queue. That should deal with the matter of resources. The major advantage will offcourse be, as you rightly mentioned, freeing up or resources big time in terms of AP/EAD/H1/H4 renewals. All these resources can now be placed upon the AOS/140 backlog reduction program, whereby allowing INS to meet the congress mandate of 6 month processing time frames for cases.

As far as assur and sreddy88 are concerned, Gentlemen, PLEASE for the last time, all we are doing is demanding! Rajiv will go through this and decide. So please don't waste your time and effort in quibbling over these points.

A number of people who have been very active in not just this lawsuit but also in the program to appraise Congress of our plight, have consistently over the past 6 months or more, fought on both these issues. Speedy processing as well as Citizenship considerations. Please don't let this lawsuit breakdown over special interests.
One thing I need you to fill in: Citizenship certainly should be considered, but what is the specific request you are making again? To my understanding, the revised point#4 says the t/GC gives all rights as a regular GC, which includes that the clock for citizenship time starts ticking right after 180 days of I-485 filing. We asked about whether we could request that it starts from the priority date, Mr Khanna answered that is out of the control of USCIS and only Congress can do that, which I think means if we want a settlement from CIS we can't ask for that. Also, when you say "special interests", you mean people who only cares about GC and not citizenship? I think these people are just more pessimistic or cautious - they are afraid we'd jinx it by asking for too much. After all, what harm does it do if we can have the citizenship benifit on the side? It's not like you have to have it. It's still your choice.
 
Re: Re: Re: Citizenship - Re: Re: Thursday

Originally posted by cinta
assur,

I think dialogue is better than voting for the simple reason that most of the people with GC are not frequent visitors anymore. The least that we could recommend is like six months from I-485 RD, should be a Citizenship clock, even though I believe we should be more aggressive. The mere mention of it will increase our visibility.
ACCEPTING without arguments. Please go ahead. Presently I am in need of water NOT sweet syrup, if you could provide both, thats really great.
 
Re: Re: Citizenship - Re: Re: Thursday

Originally posted by assur
You got it. I would suggest that a priority list of issues should be prepared in the order of importance, addressing, to eleborate the exact picture. This list could be posted and voted in 1 and 2 by forum participants. Results then can be used for arguments preparation and presentation onward.

Citizenship is part of the lawsuit from the very begnining. I would recomend you to go through the petition once.

see the point 58 in the petition

"58. LPRs may retain their LPR status (or their "green card") for the rest of their lives or, after five years of LPR status, they may apply to "naturalize," that is, to become a United States citizen. 8 U.S.C. 1427(a). Citizenship conveys many benefits over LPR status. Citizens may vote; they may apply for and receive a United States passport; they cannot be deported from the United States; and they may travel freely into and out of the United States. They may petition to immigrate family members, including elderly parents, as "immideate relatives," thus eliminating many long waiting periods. 8 U.S.C. 1151(b)(2)(A)(i). They may hold many jobs that are restricted to United States citizens. They may run for public office"

And point 59. points out LPR is prerequisite for naturalization, thus the delay in LPR causes the delay in naturalization and recomends speedy processing of LPR.

No doubt Citizenship is part of the Law Suit and I dont think there is any need of voting on it.
 
Rajiv

Thanks Rajiv for your efforts:
I would like to bring one more additional point to #4(if it is possible to accomodate):
About the unfortunate eventuallity if occurs to the primary.if primary is deceased before the adjudication(no matter the primary applied for AOS some years ago and not finalised because of back log)the dependents will be thrown out.
Hence,if it is taken care of with in the Point #4,If the temporary GC to be issued to dependents(who having applied 485 and pending 180 days),after 180 days of pending of I140
&485 of primary applicant.This will take care any rare unforseen eventulaity occurnce in the community .
The logic for example is,if some person applied in 2001 and if he would have gotten his and dependents PR with in time and later unfortunate event occurs,the dependents are safe.
Since due to the delay of process now,the dependents are to be in quandrary, which is unjust.
 
Re: Re: Re: Citizenship - Re: Re: Thursday

Originally posted by rk4gc
Citizenship is part of the lawsuit from the very begnining. I would recomend you to go through the petition once.

see the point 58 in the petition

"58. LPRs may retain their LPR status (or their "green card") for the rest of their lives or, after five years of LPR status, they may apply to "naturalize," that is, to become a United States citizen. 8 U.S.C. 1427(a). Citizenship conveys many benefits over LPR status. Citizens may vote; they may apply for and receive a United States passport; they cannot be deported from the United States; and they may travel freely into and out of the United States. They may petition to immigrate family members, including elderly parents, as "immideate relatives," thus eliminating many long waiting periods. 8 U.S.C. 1151(b)(2)(A)(i). They may hold many jobs that are restricted to United States citizens. They may run for public office"

And point 59. points out LPR is prerequisite for naturalization, thus the delay in LPR causes the delay in naturalization and recomends speedy processing of LPR.

No doubt Citizenship is part of the Law Suit and I dont think there is any need of voting on it.
Thanks to bring in my notice. By the way, if I am not wrong, PATRIOT Act nullifies or overrides some of them due to current safety reasons, even for existing citizens, others are non-existent can be addressed accordingly.
We are going bucket-ful issues, whatever the outcome will be, but really appreciate and encourage the dareness and boldness of RK to bring Backloged and ignored issues right before the authorities.
 
485-Solution

This is a strtegy to buy time , all the H1-B adjudicators are going to be assigned to the 485 cases and then they wont agree to a single thing you are asking .... they are bringing this negotiating strategy to buy time till then...dont get fooled....go ahead with the suit with full steam..... dont agree to postpone it untill u see results on the ground....
 
We need to represent reality in the settlement

Mr. Rajiv, thank you for your efforts, you are a Hero of the EB immigration community.

If CIS accepts the proposed points, the battle will be won, but not the war. We need to have the details of HOW CIS will implement the points spelled out. For example, acceptance of the proposed points would require significant re-tooling of the "production lines" at CIS. The plan has to be worked out and a timeline agreed for such activities and included in the settlement. We all should be aware that the devil is in the details; WE don't want to win the points, and have CIS take 10 years to implement it.

We also have to stress the "transparent operations" point. As the Employers of CIS (after all WE non-citizens also pay taxes) we should be entilted to a honest, clear, and accurate picture of how our employees (ie. CIS) are dealing with their customers (which is also us, making a nice little circle)
 
Good work Rajiv and team......

Rajiv and all the senior members of this portal,

I have been a very silent browser of all this portal almost everyday. I appreciate your every effort in this matter. Three cheers to you and yr team.

My suggestions are no different than what other members have been talking about for the last couple of months about this ligitation , hence i am silently watching yr post's/reply/suggestions etc.

I had a question for you , i do not know where to post it ,( you may delete this if you feel this is not the right thread ) since people are talking about citizenship , i thaught i might post it here.

1.Can me/my wife attend jury duty ( my guess is no ) , my wife got a mail from the court house asking to be a juror.

2.If not ,do we need to inform them OR just ignore it. I read that it is a punishable act if we do not attend.

My current status is that we have recently applied for 485/EAD/AP for self and family.

485/EAD/AP ND 01/26/2004


Thanks and appreciate yr time on this.
 
Re: Good work Rajiv and team......

Originally posted by dmun
Rajiv and all the senior members of this portal,

I have been a very silent browser of all this portal almost everyday. I appreciate your every effort in this matter. Three cheers to you and yr team.

My suggestions are no different than what other members have been talking about for the last couple of months about this ligitation , hence i am silently watching yr post's/reply/suggestions etc.

I had a question for you , i do not know where to post it ,( you may delete this if you feel this is not the right thread ) since people are talking about citizenship , i thaught i might post it here.

1.Can me/my wife attend jury duty ( my guess is no ) , my wife got a mail from the court house asking to be a juror.

++++++++++++++++++++++++No.

2.If not ,do we need to inform them OR just ignore it. I read that it is a punishable act if we do not attend.

+++++++++++++++++++++++++++Inform them.

My current status is that we have recently applied for 485/EAD/AP for self and family.

485/EAD/AP ND 01/26/2004


Thanks and appreciate yr time on this.
 
Re: Good work Rajiv and team......

Originally posted by dmun
Rajiv and all the senior members of this portal,

I have been a very silent browser of all this portal almost everyday. I appreciate your every effort in this matter. Three cheers to you and yr team.

My suggestions are no different than what other members have been talking about for the last couple of months about this ligitation , hence i am silently watching yr post's/reply/suggestions etc.

I had a question for you , i do not know where to post it ,( you may delete this if you feel this is not the right thread ) since people are talking about citizenship , i thaught i might post it here.

1.Can me/my wife attend jury duty ( my guess is no ) , my wife got a mail from the court house asking to be a juror.

2.If not ,do we need to inform them OR just ignore it. I read that it is a punishable act if we do not attend.

My current status is that we have recently applied for 485/EAD/AP for self and family.

485/EAD/AP ND 01/26/2004


Thanks and appreciate yr time on this.
Only citizen is eligible for Jury Duty. Attached form of the invitation should be sent back to the address dully filled. Check the appropriate columns. It happened with me as well.
Court normally gets info from State Tax department and sneds similar letters.
 
I have looked at all the discussions

All your ideas reflect valid concerns: from death of spouse to citizenship. Money recovery, in my opinion, is unlikely, if not impossible. We tried it in another case just a few months ago.

To change the time of when citizenship period begins to run requires a change in the law. USCIS cannot do it. The best I can do is to get the time running from the date of the interim GC approval. Even that is questionable, but I will try my very best.

CIS is going to have to show that they do want to settle in good faith. If they do, we will work with them and unravel the statutes to find a way to make things work for everyone. I expect to have to hire one lawyer just to coordinate the discussion then.

If the class action gets certified, the court will review the settlement carefully. Do not worry.

We are NOT stopping the lawsuit or even slowing it down.

I will continue to read all messages, but may not respond to all of them. Please do not feel offended.
 
Thanks

Thanks rajiv , assur

Do i just mention to them that we are yet to be US citizens !!! OR tell them that we are here on a work visa and we cannot attend jury duty !

Point is what needs to be informed to them ?

Thanks
 
Re: Thanks

The form I got years ago has a choice for possible reasons not able to attend, one of them is noncitizen. You mark that, and send it back.

Originally posted by dmun
Thanks rajiv , assur

Do i just mention to them that we are yet to be US citizens !!! OR tell them that we are here on a work visa and we cannot attend jury duty !

Point is what needs to be informed to them ?

Thanks
 
Re: Thanks

Tell them that you are not a citizen, currently on H1 visa so you may be ineligible for jury duty.

Originally posted by dmun
Thanks rajiv , assur

Do i just mention to them that we are yet to be US citizens !!! OR tell them that we are here on a work visa and we cannot attend jury duty !

Point is what needs to be informed to them ?

Thanks
 
washington post article: take 10 yrs to security check

By Mary Beth Sheridan
Washington Post Staff Writer
Wednesday, February 11, 2004; Page B01 ...Yonas is one of millions of foreigners affected by a ballooning backlog in applications at U.S. Citizenship and Immigration Services, which has been struggling to incorporate a new system of anti-terrorism checks.

Even as President Bush presses for a giant new program for foreign workers, the current system is overwhelmed, according to immigration lawyers and workers. The backlog for such benefits as citizenship and green cards -- which allow foreigners to live and work in the United States indefinitely -- has grown about 60 percent in the past three years, to more than 6 million applications, according to a new GAO report.

Some question whether the immigration service can handle a sweeping new program.

"Over the last six to 12 months, we've crossed the line into crisis proportions," said Crystal Williams of the American Immigration Lawyers Association. "I've never seen backlogs to this extent."

Bush took office vowing to have every immigration application processed within six months of submission. And in fact, the immigration agency has spent hundreds of millions of dollars in an effort to reduce the delays. Nonetheless, processing time for many applications has grown -- in some cases to more than four years.

The main reason is the Sept. 11, 2001, terrorist attacks. The president's plan to slash the backlog "was just thrown out the door" as officials scrambled to increase security, said Russ Knocke, a spokesman for the immigration service, part of the Department of Homeland Security. Officials frantically ran extra checks on 3.2 million existing petitions, he said.

The immigration service then ordered that each new applicant be run twice through a database of lawbreakers, alleged terrorists and other potential undesirables, Knocke said. About 7 percent of the names on applications in the last fiscal year got "hits" requiring further investigation, and 2.3 percent were confirmed to be the people in the database, although the percentage with alleged ties to terrorism was "infinitesimal," he said.

"We obviously aren't happy about the backlog. But we aren't making any apologies. The commitment was, and continues to be, national security," Knocke said. He added that his agency has addressed those concerns sufficiently and is refocusing on cutting the backlog. In recent days, it has announced an increase in fees for immigration applications and requested a 60 percent increase in federal funds to attack the pile of petitions.

But immigration lawyers say the new security system continues to be unwieldy and slow. In addition, immigration officials are devoting extra scrutiny to the documents submitted with applications, for fear of inadvertently aiding a terrorist.

"What our members have seen is a tremendous spike in requests for additional information on the applications," said Williams, who added that much of it was redundant or unnecessary.

Mary Lynch, vice president of AFGE Local 2076, the union at the Vermont immigration processing center, which handles applications for a broad area including Washington, said staffing problems have added to the delays. The center is trying to add employees, but it often takes a year to get security clearances, she said.

"We don't have enough staff on board to do anything but keep our heads above water right now," she said. She added that security checks on applicants have resulted in a decline of about 50 percent in productivity.

The bureaucratic snarls can have painful consequences for immigrants, some of whom are in the United States and others abroad. Many already here are unable to leave the country while their documents are being processed. Young people might not be able to get into college without legal papers. In the worst cases, people can lose their jobs or be deported as they wait for their green cards to come through.

...
Yonas's father, who also got a green card, sponsored the boy in April 1999 for permanent residency, the first step toward citizenship. At the time, authorities said the application could take 21/2 years to process.

Nearly five years later, Yonas is still waiting.
....

Immigration officials say they don't bear all the blame for the glacial pace of processing. Knocke said about 500,000 applications have been slowed because immigrants were late in providing documents or failed tests and had to retake them. In addition to the processing delays, some foreigners must wait for years for their green cards because of annual caps set by Congress on how many immigrants each country can send.

But the immigration system is straining. It will have difficulty handling Bush's proposed new program without an infusion of personnel, according to immigration workers and lawyers. Administration officials have said the estimated 8 million illegal immigrants in the country could apply for temporary-worker visas under Bush's plan, which also would be open to foreigners coming to fill U.S. jobs. Some of those workers eventually could apply for green cards.

Lynch's union estimates that, with current staffing levels, it would take 10 years just to do the security checks on 8 million applicants. "Unless we have a better program for allocation of resources . . . it will sink us," she declared.

Knocke said the program would need adequate staffing. "That would have to be something that Congress takes into consideration" if it approves the new immigration plan, he said.

Even as the new program is debated, the backlog feeds on itself. Many immigrants awaiting green cards must apply annually for documents to work or to travel outside the country, increasing paperwork choking the system.

The Rev. Christopher Halliday is one of those caught in the paper chase. The Irish minister arrived at St. George's Episcopal Church in the Southern Maryland town of Valley Lee four years ago with a temporary religious worker's visa. He was promptly sponsored by the church, his employer, for permanent residence.

While waiting for his green card, Halliday has been able to get continued work authorization and annual permits to leave the country. But the latest travel permit for which he applied in October hasn't arrived.

"We can't move," he said, explaining that his old permit expired in January. He worries about not being able to visit his family in Ireland, including his 84-year-old mother-in-law and his brother-in-law, who had a stroke.

Halliday was dumbfounded when he learned recently why his travel papers were held up: The Vermont processing center has run low on the counterfeit-proof paper used for the documents.

"If this was somewhere in the middle of nowhere in the world, you might just about accept that was possible," he fumed. "But this is America."


 
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"The immigration service then ordered that each new applicant be run twice through a database of lawbreakers, alleged terrorists and other potential undesirables, Knocke said. About 7 percent of the names on applications in the last fiscal year got "hits" requiring further investigation, and 2.3 percent were confirmed to be the people in the database, although the percentage with alleged ties to terrorism was "infinitesimal," he said. "

Infinitesmal=infinitely small??

The "database" may include any one from felony to DUI to murder to terrorist. The question is "How many national security threats were averted by doing all these extra checks since 9/11?" We all know the answer is a big "0". Therefore, Mr.Knucklehead, i mean Mr.Knocke has to realize that they are wasting time on the wrong people and unnecessarily prolonging the processing of these applications. We all agree that national security is top priority but haven't we already paid the price by focussing on the wrong people?
 
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