Originally posted by WheresMahGreen
I just had the chance to look at this thread. The eight-point settlement plan seems good at face-value, but here are some issues that I see, from my experience with USCIS (I should warn all that I didn't have the time to go through all the 30 pages of this thread so some of these points may have been covered already -- my apologies in advance):
Item# 1. Premium processing of I-140 - This would place all those who don't opt the premium processing at a steep disadvantage. Moreover, it would mean that in order to get one's case processed within a reasonable timeframe (6 months is a little too much), companies and/or intending immigrants will be forced to pay this extra fees just to get their cases moving. At best, this lays the burden to get the benefit of proper work ethics on the incumbent, and, at worst, this amounts to a form of bribing! Premium processing, however, maybe used as a solutions for those in dire situations vis-a-vis maintaining legal status in the US.
Item #4. This item, although very attractive at face-value leaves a lot of loose ends. First of, why only a stamp on the passport? How about a conditional greencard for the amount of time specified? A conditional stamp may mean that a lot of people in other departments may have to be educated about its validity and the rights of those bearing this stamp on their passports. Additionally, foreign immigration and airline folks are also put under additional stress of evaluating the authenticity and rights of yet another document of passengers. While this maybe discarded as not a major issue, again, quite hastily, it should be remembered that it is not too difficult to run into situations where these are not recognized as bonafide entry documents.
Secondly, the caveat "may be revocable under security grounds" is a boon for the Ashcrofts and Rummy's of the Govt. We have to formally define what constitutes these security grounds: A name hit? FP hit? Some airline intelligence (or lack thereof) tip that suggests a 12 year old passenger poses a security threat? It just doesn't fly.
Personally, I think we should be fighting for only one thing: Accountability! Unless or until USCIS maybe held accountable (without invoking Mandamus Writ), there is no way we can get these guarantees in reality.
Here's a wish list of what things could actually improve the service somewhat:
1. Any settlement should also contain a clause or a way to hold USCIS responsible. One of the first ways to incorporate this will be to bring a law that demands unconditional, immediate refund of fees if the processing times take longer than Congressional limits. And, for every additional period thereafter, USCIS should pay an amount equal to the fees as penalty for not adjudicating a case.
2. Second, just like the IRS does, each officer handling the call center should provide his or her name and badge number to the caller. All calls must be recorded and must be digitally stored as an attachment to the applicant's electronic case history and should remain accessible through out the case duration.
3. Applicants must be provided with a secure, online webpage that would display detailed case status information including details on storage bins and the case officer's badge number. The security aspect maybe brought in by using a pin-number that the applicants may establish with the USCIS upon getting their case receipts.
4. An independent, bi-partisan committee aided by private NGO should audit the functioning of the USCIS annually.
Best regards and a sincere thanks to you for your continued support and the will to see this through!
