Can We settle on These Bases?

Re: I would recommend no

Originally posted by 140_takes_4ever
Rajiv,

Refering to point 4.

A stamp on the passport without the card, might not be the best solution. I think the INS should issue some sort of temporary card as well. The main reason for this being, a number of countries don't allow you to travel without a valid 'GREEN CARD' in hand, stamps don't work. Which means that after getting the stamp we could be worse off than before, since we can't use an AP to travel anymore, and the stamp might not cut it while travelling. So a temporary card might just do the trick.

What is your opinion?

Regards and Thanks for taking the fight to their courtyard.

Is that true? Could you list a few countries that do not recognize stamp and wouldn't allow travel in and out their borders? Let's assess how big impact would that have on our lives. Thanks... And as the last resort, you can always apply for a visa to get in those countries even after you get GC, can't you?
 
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Re: Re: Re: Re: I am saying the same thing

Originally posted by PhillyJulyLC
But I don't think this issue has to do with the litigation, which is about the processing delay of I-485. It is always best to include everything we're concerned about, but how to make it fit in the plan is a problem.
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This duel intent issue can be easily incorporated in our lawsuit. Count down of 6 mo-1 year will begins 180 days after filing I-485 application. This will remedy our lost time in a waiting line for a backlog reduction.
 
Re: Re: Re: I would recommend no

Originally posted by operations
Service must make sure that the stamp is accepted internationally as evidence for travel purposes, or provide a card or other evidence that would be so accepted;"
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Rajiv,

You are simply the best! :) If only INS worked as fast as you do we wouldn't be having this conversation.

Originally posted by PhillyJulyLC
Is that true? Could you list a few countries that do not recognize stamp and wouldn't allow travel in and out their borders? Let's assess how big impact would that have on our lives. Thanks... And as the last resort, you can always apply for a visa to get in those countries even after you get GC, can't you? [/B]
Click to expand...
PhillyJulyLC,

Right of the top of my head, Switzerland, here is the clipping from their embassy website.

No visa is required for foreigners who have a valid U.S. green card (Permanent Resident Card, form I-551) and a valid national passport for tourism, visits, business or medical treatment for a stay up to 90 days. Both documents (passport and green card) must be valid at least three months after leaving Swiss territory.
Please note that the passport stamp "processed for I-551" is not considered a green card and that general visa requirements would apply in that case.

Offcourse you can apply for a visa, but what would you give for "Proof of residency in the USA"? You can no longer show your AP/485 petition, since you would be on an interim GC.

Not that adding the sentence that Rajiv did will make a huge difference in people's lives, it is not that everyone wants to go to countries like Switzerland all the time. But my point is WHY should I give up any of my freedoms thanks to INS's inefficiency?

Thanks once again Rajiv. Put in legal jargon it sounds really impressive. Not sure if INS will grant it, but hey it never hurts to ask.
 
Re: Re: Re: I would recommend no

Originally posted by operations
"4. With immediate effect , once the I-485 has been pending for 180 days , the applicants should receive a conditional approval of the green card - there being no further evidence of employment required - evidenced by a stamp on the passport valid for 5 years , subject to revocation only on security grounds . This “interim” approval should be given on a walk-in basis in an orderly manner and would carry with it all rights and privileges of Lawful Permanent Residence (green card), including commencement of the time required for naturalization. Except the for “following to join” purposes, the date of approval will be deemed to be the date the final approval (after security checks) is granted. Service must make sure that the stamp is accepted internationally as evidence for travel purposes, or provide a card or other evidence that would be so accepted;"
Click to expand...

Excellent!!!!
 
I have no objection to the passport stamp. But I am afraid, it is not regarded as GC as many pointed out here. Also if all we ask is the stamp, how much delay should we expect for the plastic card, since the security check would be postponed after the stamp, but before the plastic card? I sort of asked the question before, but no answers yet.

So why can't we ask directly for the final card? It can be revoked, anyone can be removed anyway if teh security is an issue.
 
I am concerned that the "conditional" approval of GC followed by the "actual" approval, may just prolong the process of getting "permanent" permanent residence (green card). I would like Mr.Khanna to address the following:
1.After 5 yrs of conditional approval of GC, if there are no security concerns, would it then become "permanent" GC automatically?
2.May we clearly define "security"? I would prefer the word "national security" or else this term may be mis-interpreted and may be applied for DUI, domestic violence etc., I am not saying that any of the members here are going to do these things (including me ;) ) but i think we should have a clear definition of security.
3.What about applying for citizenship? After 5 yrs of this conditional GC, do we have to wait for another 5 yrs with the "unconditional" (for lack of better words) GC?

Thanks for considering these points.
 
Re: Re: I would recommend no

Originally posted by PhillyJulyLC
Originally posted by 140_takes_4ever
Rajiv,

Refering to point 4.

a number of countries don't allow you to travel without a valid 'GREEN CARD' in hand, stamps don't work. Which means that after getting the stamp we could be worse off than before, since we can't use an AP to travel anymore, and the stamp might not cut it while travelling. So a temporary card might just do the trick.

What is your opinion?
Click to expand...


TRUE, You cannot even travel via Europe if you do not have GC or valid visa you have to apply for TRANSIT visa. Its going to create a big problem as other countries do not know whats going on in USA
 
I would like to add that instead of the "conditional" GC, why don't we just ask for the 485 to be processed within a "reasonable" time frame? I think a reasonable time frame is 1 year. Other members can weigh in on that. Thanks.
 
Originally posted by 140_takes_4ever
Rajiv,

I know some one mentioned this before, but just wanted to reitierate since it might be an important point for you to bring forth in your discussion with the govt. Lawyer, and that is "Security checks".

Security checks need to be more broadly defined as to what they consist, which departments do they go through, how long should each department take, etc. It is okay for the security check to take time, just that there should be some explanation on where the check is stuck.

It might be difficult to incorporate considering the conservativeness of the current government, but hey you never get anything unless you ask for it.
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Noted.
 
Originally posted by ECGC
I am concerned that the "conditional" approval of GC followed by the "actual" approval, may just prolong the process of getting "permanent" permanent residence (green card). I would like Mr.Khanna to address the following:
1.After 5 yrs of conditional approval of GC, if there are no security concerns, would it then become "permanent" GC automatically?
2.May we clearly define "security"? I would prefer the word "national security" or else this term may be mis-interpreted and may be applied for DUI, domestic violence etc., I am not saying that any of the members here are going to do these things (including me ;) ) but i think we should have a clear definition of security.
3.What about applying for citizenship? After 5 yrs of this conditional GC, do we have to wait for another 5 yrs with the "unconditional" (for lack of better words) GC?

Thanks for considering these points.
Click to expand...

I will add "national" The rest has already been explained i this thread.
 
Latest version of # 4

Rajiv ...

I like the latest version of # 4.

However, in a reply to an earlier post I made, you said that you would include language to clarify that this would be for all EB cases. Where did you intend adding this? Was it going to be in supporting docs, another point or in the text of point # 4?

Looking out for all EB1 applicants ...............
 
""
For now, they have just asked me for our proposal in writing.


__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
rskhanna@immigration.com; http://www.immigration.com
703-908-4800 Extension 110

 ""


Did this ask recently or in last conversation?

Thanks for covering all the important point. Point #4 looks great and cover most of the concerns!

Regards
 
Originally posted by operations
I will add "national" The rest has already been explained i this thread.
Click to expand...

The 180 day time for conditional GC is counted from the date the 485 was filed.

So, for all those who filed 485 1,2 or 3 years ago should get benefit of back dated approval to help count time for Citizenship from 180 days past 485 filing and not from the date of this conditional approval.
 
Originally posted by ECGC
I would like to add that instead of the "conditional" GC, why don't we just ask for the 485 to be processed within a "reasonable" time frame? I think a reasonable time frame is 1 year. Other members can weigh in on that. Thanks.
Click to expand...
Personally speaking, I am more inclined towards this too, but I think Rajiv has been asked by the government lawyers to give written proposals to mitigate the current conditions. And hence the "tGC" idea being pushed into the spot light.

Offcourse implementation of these interim solutions are not the final solution, which would be Permanant Green cards.

Rajiv,

If/When you have a face to face with the government lawyers or speak with them, would you think it wise to mention that our proposals could be implemented as an interim measure until INS implements the Congress mandate of processing times to be reduced to 6 months? Do you think mentioning that would make a difference to acceptance of this bitter pill that you are forcing down their throats!

Realistically speaking I am sure that INS will try to negotiate most of the points you have put forth, and there will be some give and take, but your solution might be more palatable if you ask them to implement this in the short term, since if Congress passes any more laws on this, our lawsuit will be moot!
 
Conditional GC

With regards to 140 issue...

Sorry, I am little confused. Does conditional GC require 140 approval? Can I move on to any company after 180 days on 485 with conditional GC? Will I still need 140 approval at a later stage? Please explain.

I finished my 6 months, but 140 is not approved yet. Also, my company is not doing well. So, my personal interest is the ability to use AC21 without 140 approval if its more than 180 days. Does #4 cover this? Please advice.

Cheers,
masti
 
Re: Re: Re: Re: Re: I am saying the same thing

Originally posted by Vanek
This duel intent issue can be easily incorporated in our lawsuit. Count down of 6 mo-1 year will begins 180 days after filing I-485 application. This will remedy our lost time in a waiting line for a backlog reduction.
Click to expand...
No, the post I addressed to was talking about how long one should stay with the employer after GC gets approved.
 
Re: Conditional GC

#2 covers 140, adj in 6 months. Then #4 will be possible for those filed recently. USCIS stated 140 has to been approved for AC21, which may not be chnaged. But Rajiv intends to ask for adj of 140 in a timely manner, and then it should be a less issue.

Originally posted by masti25
With regards to 140 issue...

Sorry, I am little confused. Does conditional GC require 140 approval? Can I move on to any company after 180 days on 485 with conditional GC? Will I still need 140 approval at a later stage? Please explain.

I finished my 6 months, but 140 is not approved yet. Also, my company is not doing well. So, my personal interest is the ability to use AC21 without 140 approval if its more than 180 days. Does #4 cover this? Please advice.

Cheers,
masti
Click to expand...
 
Re: Re: Re: Re: Re: Re: I am saying the same thing

I think many of us is concerned with this given the bad economy. AC21 only covers before 485 is adj, but not if we are given interim GC. If you chnage job too soon, you may get asked when apply for citizen. See previous posts in this thread.

Originally posted by PhillyJulyLC
No, the post I addressed to was talking about how long one should stay with the employer after GC gets approved.
Click to expand...
.
 
Re: Re: Re: Re: I would recommend no

Originally posted by 140_takes_4ever
Rajiv,

You are simply the best! :) If only INS worked as fast as you do we wouldn't be having this conversation.


PhillyJulyLC,

Right of the top of my head, Switzerland, here is the clipping from their embassy website.

No visa is required for foreigners who have a valid U.S. green card (Permanent Resident Card, form I-551) and a valid national passport for tourism, visits, business or medical treatment for a stay up to 90 days. Both documents (passport and green card) must be valid at least three months after leaving Swiss territory.
Please note that the passport stamp "processed for I-551" is not considered a green card and that general visa requirements would apply in that case.

Offcourse you can apply for a visa, but what would you give for "Proof of residency in the USA"? You can no longer show your AP/485 petition, since you would be on an interim GC.

Not that adding the sentence that Rajiv did will make a huge difference in people's lives, it is not that everyone wants to go to countries like Switzerland all the time. But my point is WHY should I give up any of my freedoms thanks to INS's inefficiency?

Thanks once again Rajiv. Put in legal jargon it sounds really impressive. Not sure if INS will grant it, but hey it never hurts to ask.
Click to expand...
Thanks for the elaboration. I was just worried about the "new bureaucracy" Mr Khanna mentioned. I would love to see a card together with the stamp and have all the convinience, but if they would put us in the long queue for card waiting again without the 5 year stamp, then we probably should make some sacrifice. Anyway, let's try our best and hope for the best.
 
Re: Re: Re: Re: Re: Re: Re: I am saying the same thing

Originally posted by hidden_dragon
I think many of us is concerned with this given the bad economy. AC21 only covers before 485 is adj, but not if we are given interim GC. If you chnage job too soon, you may get asked when apply for citizen. See previous posts in this thread.

.
Click to expand...
That is exactly what I was talking about. This issue doesn't seem to fit in this litigation, which is about I-485 processing delay. Who else got confused? LOL...
 
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