Can We settle on These Bases?

point 4 with some suggested detail

original point 4

Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;


my suggestion:

Once the I-485 has been pending for 180 days and if the 1-140 has not been denied or issued an RFE and 180 days have passed since the receipt date of the I-140,all applicants should be entitled to receive an immiadete conditional approval of the green card,evidenced by a stamp on the passport valid for 5 years,subject to revocation on security grounds. This stamp must be issued no later than 30 calendar days after the I-485 has passed 180 days and the 181st day that the I-485 has been pending shall be for all practical purposesshall be counted as the day the person was admitted as a lawful permanent resident unless such approval is revoked on the grounds of national security

comments regarding my suggestion for point 4

1. the employee should not be burdened after 180 days for uscis to iniitate a premiumn processing of i-140 whioch again they can keep issuing rfe and delaying further by not responding to our response to rfe

2. a maximun time frame for issuance of the stamp on passport needs to be established


point 9: (suggested by me)

9. If the I-140 has not been denied and there is no RFE issued and 180 days have passed since the receipt date AND the i-485 is 180 days old,the applicant is not subject to limitations of the AC21 rule. This does not however, undermine the applicant;s right in point 4 above to receive the temporary green card within 30 days



COmments regarding point 9

this is needed till they establish firm procedures assuming that they will agree to issue a conditional approvazl. in the interim,the applicant should not be made to suffer


point 10 : suggested by me

10. The USCIS agrees to implement these recommendations for relief within a 30 day window begining on ___ (date agreed)
 
ALL of them looks Great Points

Hello Mr.Rajiv,
Again... Thanks for your great effort for these immigration community.
All of them looks great points that covers all (most of the )issues.
 
Hello Rajiv,

Thank you very much for your efforts.

Feedback comments:

1. Point 4 is the key. No settlement without point 4 agreement. The settlement be with immdieate effectiveness and the stamp should be given in 30 days of settlement.

2. Is there any way to count time from I-485 application towards the 5 year "resisdence with gc" requirement for citizenship. The is a logical argument that unless I-485 is denied the person was eligible for GC and it is the CIS delay caused in getting GC on a later date.

Thanks again Rajiv.
 
Re: Re: GOOD DISCUSSION

Originally posted by hidden_dragon
What do you mean by apparent...? People are not "new"disagree? But why, I would like to see some details. Obviously once you got GC, you have something else to worry.

About future, this proposal don't really address how to solve the root of the backlog (maybe they will solve it themselves by 2006 as they said to congress). If the temporal stamped is agreed by USCIS, I can imagine the backlog is moving to the plastic card. I can also imagine, with no improvement of USCIS, that can take 3, 4 or even five years. On one hand I am happy to get a "conditional" approval, but I am a little worried what would happy to the plastic/citizen.
Click to expand...

I was just browsing the messages and the people and it looked to me that people with with LC and I-140 applications were embracing the "plan" as is. I was just trying to stir things a bit. It is true that there were/are backlogs in LC (even though is different department), backlogs in I-140 and then I-485. How does one try to address all these? That is why I proposed the Citizenship clock date as the LC priority date.
You are right with the backlogs in plastic cards, etc. People sued for delays in the plastic card delays..

This is the link by the way:

http://www.borderlandnews.com/stori...31-119678.shtml
 
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Originally posted by operations
We want USCIS to:
1. Start premium processing of I-140’s;

2. All I-140’s pending over 180 days should be adjudicated immediately without premium processing fees;

3. Continue concurrent filing of I-140 and I-485;

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;

5. USCIS should provide public reports on agency workloads and priorities;

6. The phone system should be improved so meaningful information can be received;

7. We must be provided a method of getting binding, written opinions on AC21 and other regulatory issues on which no regulations are issued by USCIS within six months after enactment of a statute; and

8. We should be assured a community contact point for addressing recurring grievances.
Click to expand...

Without a doubt, #4 is the most important point, though every other point is as important at vaious stages of the processing. If we get them to agree to #4 that will solve the majority of the problems, as it is clearly evident from the overwhelming response here. I sincerely hope they agree to this.

Thanks Rajiv!

cmr
 
Re: Re: Re: GOOD DISCUSSION

I am sure everyone here look forward to opinions from people with more experience. It is not unusual for one to focus on their own problem. But more people will join in, and I already see all kinds of questions/suggestions that I may not even think of.

Originally posted by cinta
I was just browsing the messages and the people and it looked to me that people with with LC and I-140 applications were embracing the "plan" as is. I was just trying to stir things a bit. It is true that there were/are backlogs in LC (even though is different department), backlogs in I-140 and then I-485. How does one try to address all these? That is why I proposed the Citizenship clock date as the LC priority date.
You are right with the backlogs in plastic cards, etc. People sued for delays in the plastic card delays..
Click to expand...
 
for rajiv

the first point in the settlement is regarding I140s be approved ...
so should people like me who have not file 485 but have a 140 pending sign the petition.
 
Re: Re: Can We settle on These Bases?

You may notice #4 depends on #2 and 3. If someone file concurrently, and I-140 is not approved after 6 months, it'll be odd to ask for even 'temporal" 485 aprroval in six months. People like me doesn't care since my 140 was approved ages ago.
But it apparently will benefit new comers.

Originally posted by cmr
Without a doubt, #4 is the most important point, though every other point is as important at vaious stages of the processing. If we get them to agree to #4 that will solve the majority of the problems, as it is clearly evident from the overwhelming response here. I sincerely hope they agree to this.

Thanks Rajiv!

cmr
Click to expand...
 
Re: GOOD DISCUSSION

Originally posted by cinta
Rajiv,

I think we are having a good discussion. It is apparent that most of the people who support all these eight points are new to the forum, which is O.K. and I think are just getting the bitter taste of the US CIS. It is also true that more opinions of people who got their GC are missing for obvious reasons...
Le us take a total approach to cover all applicants in a fair way. Past, Current and Future.
Click to expand...
I don't quite understand this post either. What are missing? opions or people? and what is a total approach? Don't mean to be picky. I really don't undersand the point of this post...
 
Provision for citizenship

I support all the 8 points that Rajiv proposed, but also like to elaborate on what Cinta has raised. There should be some provision for recuperating the lost times for citizenship, even for those who have already received their GC. Exceptions are for those who don't want take up US citizenship even when they become eligible. Citizenship can mean a lot to many people especially to those who like to share the "equal employment opportunity" for the juicy government jobs.

Several people concerned how possibly USCIS could implement our requests. As Rajiv said, that's their problem. However, I still want to dispute whoever did the calculation/analysis and concluded that USCIS could not do it. Currently, they use security checks as an excuse for the delays in all immigration related applications. Assuming that's true, they should have done all necessary processing for the majority of the backlog cases. We request them to throw that EXCUSE away. They should be able to approve all the backlog cases in a couple of weeks instead of months. If security check is the only thing pending, what prevents an adjudicator from approving 200 cases per day?
 
2. All I-140’s pending over 180 days should be adjudicated immediately without premium processing fees;

3. Continue concurrent filing of I-140 and I-485;

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;


I appreciate all you help Rajiv.

I will be more than happy, if USCIS agrees on the above 3 points
 
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First of all hats off to you Rajiv. You are doing a great job for all of us here. I liked point 4 very much and it is well thought of, not that I didn't liked other points as long as #4 is resolved other points wont matter much. I think it resolves most of our problems at I-485 stage. Conditional approval of green card for 5 years, if not, 1 year is fine as long as it is renewable.

Thanks very much

Devdas
 
Things to Consider

Thank you very much Mr. Rajiv for your superb 8 points agenda. But the main key to address is point # 4 where we brought our litigation. We should address this as a critical issue which is the main reason for GC delays. By granting the conditional approval of I-485, INS has nothing to loose but put the additional side work on keep going with other agency(like FBI security check) on others pace. Please do post your opinion also. Regards.
 
Re: Re: GOOD DISCUSSION

Originally posted by PhillyJulyLC
I don't quite understand this post either. What are missing? opions or people? and what is a total approach? Don't mean to be picky. I really don't undersand the point of this post...
Click to expand...

Let me explain what "total approach" means to me:

Administrative backlogs:

1: LC stage, even though it is the Department of Labor - Regional or State or federal.
2: I-140 stage Concurrent or not.
3: I-485 stage.
4: Plastic cards delays.
5: Citizenship applicants.

Different groups of people are either suffering or have suffered in one of the above stages. The proposal addresses only some of these groups.
 
Re: can we settle on ..


4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;
------------------------------------------------------------

My thoughts on #4 is that we need to be very clear what that "conditional approval" would mean. It could, in my view, mean one or more of the following:
[a] no need for EAD/AP or it could mean no need for annual renewal of EAD/AP.
Will this also allow one to change jobs without AC21 ? What happens to AC21 then since it is presently used (with lots of conditions) to change jobs 180 days of I-485?
[c] Would the State residency conditions automatically apply?

Also please note that point above does not automatically follow from point [a]. They are mutually exclusive and should be mentioned explicitly.

Since we have 8 different points that we plan to present, I am damm sure that there would be heavy bargaining from across the table, so it would help us to decide the priority on them and make sure we sing in chorus.
Not discounting the need for addressing all the 8 points raised here, I would still say #4 (if it provides all the benefits of GC) would be ONE that we should fight to death, for.
 
settlement

all the points mentioned by Mr Khanna are reasonable and very well thought.

Thanks Mr Khanna


ajay
 
Re: Provision for citizenship

Originally posted by YJay
I support all the 8 points that Rajiv proposed, but also like to elaborate on what Cinta has raised. There should be some provision for recuperating the lost times for citizenship, even for those who have already received their GC. Exceptions are for those who don't want take up US citizenship even when they become eligible. Citizenship can mean a lot to many people especially to those who like to share the "equal employment opportunity" for the juicy government jobs.

Several people concerned how possibly USCIS could implement our requests. As Rajiv said, that's their problem. However, I still want to dispute whoever did the calculation/analysis and concluded that USCIS could not do it. Currently, they use security checks as an excuse for the delays in all immigration related applications. Assuming that's true, they should have done all necessary processing for the majority of the backlog cases. We request them to throw that EXCUSE away. They should be able to approve all the backlog cases in a couple of weeks instead of months. If security check is the only thing pending, what prevents an adjudicator from approving 200 cases per day?
Click to expand...


Good point Yjay. They should go back to doing adjudication business like before. Not only the only thing they are doing is security checks at the expense of adjudication, they did not even find a single terrorist. And then, why pick on people waiting for their GCc? The murderers and sex offenders should have been captured long before they apply for any immigration benefit, right? What about this RE-ADJUDICATION of somebody's applications and the repetition of security checks at the front and the back of every application?

http://uscis.gov/graphics/index.htm

Our intra-government coordination demonstrates that our approach realizes intended results. By way of example, within the last two weeks, our background check procedures identified individuals wanted for murder in Portland and sexual assault in Miami. We are making America safer against security and criminal threats, one background check at a time.
 
Thank You Mr. Khanna for whatever you are doing for the community.

I have a little suggestion to make regarding Item#4, which nevertheless seems to be the only panacea for this ailment.

The recently concluded fiasco a.k.a. ‘NSEERS’ had a provision that excepted the ‘parolees’ from registering- apparently considering these individuals as non risk entities (no disrespect meant please) as they were already inspected within the recent past.

As I can make out there are great many amongst us who have used the ‘Parole’ in the recent past too– can we not enforce the same logic to grant them the ultimate relief instead of the Interim one. This stem from a feeling that sort of Legality/Background Checks are always performed while in the secondary inspection waiting to be paroled in.

Regards
DC
 
Rajiv
Thank you very much for your efforts.Either we win or loose ,you will be always a legend among immigration community.Here are my honest comments on the proposals for settlement.i may be wrong in few of my comments and if, please ignore those.We can group our proposals into two catogory 1.Immediate action from USCIS 2.Suggestion to improve service

Originally posted by operations
We want USCIS to:
1. Start premium processing of I-140’s;
--------- I feel this will be a suggestion to USCIS
2. All I-140’s pending over 180 days should be adjudicated immediately without premium processing fees;
---------This should be addressed immediately by USCIS
3. Continue concurrent filing of I-140 and I-485;
-----------Suggestion
4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;
------------This should be our number one priority and should be top on our request for immediate action
5. USCIS should provide public reports on agency workloads and priorities;
---suggestion
6. The phone system should be improved so meaningful information can be received;
---suggestion
7. We must be provided a method of getting binding, written opinions on AC21 and other regulatory issues on which no regulations are issued by USCIS within six months after enactment of a statute; and
--------Immediate Action
8. We should be assured a community contact point for addressing recurring grievances.
Click to expand...
---- suggestion

By grouping those we can achieve the immediate goal and at the same time we can show we are not bargianing much.point 2 and 4 should remove all our suffering.

BTW if USCIS not agreeing for #2 and #4 , Do we have a plan B or we are going to fight till the end

What ever may be the out come , We will tell stories about you to our childerns and grand childerns, that how you fighted for our cause in this country:D
 
pls let me know

cintal, rajiv all.
i see that 'total approach ' is the goal .which is nice .this is going to benefit all (including people like me who have just filed their i140). but what i want to know is should i sign the petition .earlier the approach was focussed on only 485 but now i see everyone is being addresses.
pls let me know
 
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