Complaint to Congress Men
- Thread starter dsatish
- Start date
goodluck_140
Registered Users (C)
Did anyone send this letter to congressmen and and got any feedback?
Please share your experience. I am excited to see atleast whether congressmen understood our problems and are ready to take action.
Please share your experience. I am excited to see atleast whether congressmen understood our problems and are ready to take action.
hrithikroshan11
Registered Users (C)
dsatish,
have you faxed this complaint to congress men already? they are still taking 17+ months to process 485 applications which is a lot more than their target goal of 6 months.
have you faxed this complaint to congress men already? they are still taking 17+ months to process 485 applications which is a lot more than their target goal of 6 months.
OneMoreStupid
Registered Users (C)
DSATISH,
Good work.
I felt the status inquiry response was incomplete and service centre does not have information to respond to follow-up questions.
Will an item on statun inquiry responses help?
Good work.
I felt the status inquiry response was incomplete and service centre does not have information to respond to follow-up questions.
Will an item on statun inquiry responses help?
The following letter was faxed to about 45 congress men today.
To,
XXXXXX
Congress member
XXXXXX Dist
Subject: Highly random processing of Employment Based Green Cards by USCIS despite appreciable efforts for backlogs
Dear Sir,
We appreciate your support to the immigrant community through your letter to USCIS (formerly known as INS) to reduce the immigration backlogs. Your support for legal immigrants gives us a sense of hope and sense of belonging to this great land of opportunities.
ImmigrationPortal.org is a non-profit organization formed to voice their concerns and help towards legal immigration reforms in the United States of America.
Off late, USCIS is displaying great efforts to reduce the backlog. California Service Center (CSC) moved the processing date to Jan.2004 from Jan.2002 in a span of 4 months. Similarly, Vermont Service Center has moved the processing date to June 2003 from Feb 15, 2002 in a span of four months. More or less the other two centers are showing the same statistics. It is indeed a laudable effort considering the fact that these Service Centers moved processing date by only four to five months in two years prior to this.
However, we would like to bring to your attention the high degree of randomness that has crept into the System. While USCIS presents a rosy picture of current processing dates on it’s web site, the reality is that thousands of people who have applied their Adjustment of Status application (I485) in 2001, 2002 and early 2003 are still waiting for their approval where as USCIS is approving a lot of cases which were filed in late 2003. The cases which were left behind, were not pending due to security checks, but they were pending because USCIS does not seem to have proper methodology for processing cases in First In First Out (FIFO) basis. The above observations are based on our daily monitoring of thousands of adjudications of our members. Please see the following site for a sample list of unadjudicated cases.
http://boards.immigrationportal.com/showthread.php?t=150217&page=1&pp=15
We laud your efforts in reducing the backlogs. We deeply appreciate the recent efforts of USCIS in reducing the backlogs. We believe that the random processing of the applications is more due to lack of attention to that specific problem. The degree of randomness has reached such a serious proportion that we need your intervention to request USCIS to maintain a systematic queue processing. With full confidence in your sense of fairness and with extreme faith in American System, we appeal you to intervene and ensure that all the cases get fair treatment. If you have any questions, please contact the undersigned at xxx-xxx-xxxx
Regards,
Secretary, Immigrationportal.org
To,
XXXXXX
Congress member
XXXXXX Dist
Subject: Highly random processing of Employment Based Green Cards by USCIS despite appreciable efforts for backlogs
Dear Sir,
We appreciate your support to the immigrant community through your letter to USCIS (formerly known as INS) to reduce the immigration backlogs. Your support for legal immigrants gives us a sense of hope and sense of belonging to this great land of opportunities.
ImmigrationPortal.org is a non-profit organization formed to voice their concerns and help towards legal immigration reforms in the United States of America.
Off late, USCIS is displaying great efforts to reduce the backlog. California Service Center (CSC) moved the processing date to Jan.2004 from Jan.2002 in a span of 4 months. Similarly, Vermont Service Center has moved the processing date to June 2003 from Feb 15, 2002 in a span of four months. More or less the other two centers are showing the same statistics. It is indeed a laudable effort considering the fact that these Service Centers moved processing date by only four to five months in two years prior to this.
However, we would like to bring to your attention the high degree of randomness that has crept into the System. While USCIS presents a rosy picture of current processing dates on it’s web site, the reality is that thousands of people who have applied their Adjustment of Status application (I485) in 2001, 2002 and early 2003 are still waiting for their approval where as USCIS is approving a lot of cases which were filed in late 2003. The cases which were left behind, were not pending due to security checks, but they were pending because USCIS does not seem to have proper methodology for processing cases in First In First Out (FIFO) basis. The above observations are based on our daily monitoring of thousands of adjudications of our members. Please see the following site for a sample list of unadjudicated cases.
http://boards.immigrationportal.com/showthread.php?t=150217&page=1&pp=15
We laud your efforts in reducing the backlogs. We deeply appreciate the recent efforts of USCIS in reducing the backlogs. We believe that the random processing of the applications is more due to lack of attention to that specific problem. The degree of randomness has reached such a serious proportion that we need your intervention to request USCIS to maintain a systematic queue processing. With full confidence in your sense of fairness and with extreme faith in American System, we appeal you to intervene and ensure that all the cases get fair treatment. If you have any questions, please contact the undersigned at xxx-xxx-xxxx
Regards,
Secretary, Immigrationportal.org
marlon2006
Registered Users (C)
Here is my suggestion:
Replace this
"...like you have put enough pressure on US CIS..." by
something like "...like you have worked to improve the processing times at USCIS..."
I would address EAD processing times.
I also would scrutinize the AC21 portability:It could be a great benefit transfer jobs while my I-485 is pending for several years. However, the idea of moving only to "jobs of same or similar occupation" and making the new employer draft the AC21 letter to USCIS many times make the potential new employer walk away from the job offer. My suggestion is that the AC21 portability rule should just let people "transfer jobs" after I-140 is approved and I-485 > 180 days. Simply eliminate this need to prove "same or similar occupation" since that is associated with a qualitative approach that may be subjective and lead people to refrain from using such AC21 portability rule. Yes, the greencad was filed based on a specific job offer, but after 5 years working for same employer and waiting for such greencard that requirement has been fulfilled already.
Replace this
"...like you have put enough pressure on US CIS..." by
something like "...like you have worked to improve the processing times at USCIS..."
I would address EAD processing times.
I also would scrutinize the AC21 portability:It could be a great benefit transfer jobs while my I-485 is pending for several years. However, the idea of moving only to "jobs of same or similar occupation" and making the new employer draft the AC21 letter to USCIS many times make the potential new employer walk away from the job offer. My suggestion is that the AC21 portability rule should just let people "transfer jobs" after I-140 is approved and I-485 > 180 days. Simply eliminate this need to prove "same or similar occupation" since that is associated with a qualitative approach that may be subjective and lead people to refrain from using such AC21 portability rule. Yes, the greencad was filed based on a specific job offer, but after 5 years working for same employer and waiting for such greencard that requirement has been fulfilled already.
Dsatish and others,
A great initiative and effort. You might like to also take a look at http://usembassy.state.gov/posts/rp1/wwwh3227.html - the embassy at Manila. It looks like the system is so much messed up that the dates have gove back to Jan 98 for EB3 for India. There should be a concerted effort to address this retrogression for our countries. Please visit http://www.immigrationportal.com/showthread.php?t=179272&page=1&pp=15 and http://groups.yahoo.com/group/techworkers/ so that we can join hands.
Sandeep
A great initiative and effort. You might like to also take a look at http://usembassy.state.gov/posts/rp1/wwwh3227.html - the embassy at Manila. It looks like the system is so much messed up that the dates have gove back to Jan 98 for EB3 for India. There should be a concerted effort to address this retrogression for our countries. Please visit http://www.immigrationportal.com/showthread.php?t=179272&page=1&pp=15 and http://groups.yahoo.com/group/techworkers/ so that we can join hands.
Sandeep
one thing you must notice that
one of the resons why this is ramdom
is say your NNNCP is pending but your ND is current they can't help it.
Another case new filer with NNCP clered in a day but ND still 6 months far. so what should they do keep hanging both the guys??? doesn't mkae sense right. This explains their processing how some case was processed in 1 months and some are not for 3 years. we have seen posts here where people name are pending with FBI for 3 yrs, guess more of having a common name and the country now, which they have a right to look into homeland security..
one of the resons why this is ramdom
is say your NNNCP is pending but your ND is current they can't help it.
Another case new filer with NNCP clered in a day but ND still 6 months far. so what should they do keep hanging both the guys??? doesn't mkae sense right. This explains their processing how some case was processed in 1 months and some are not for 3 years. we have seen posts here where people name are pending with FBI for 3 yrs, guess more of having a common name and the country now, which they have a right to look into homeland security..
dsatish said:
Stand up and fight against the EB Immigration Processing Regression
Let us fight against the EB Immigration Processing Regression together at:
http://eb-help.us/eforum/index.php
Let us fight against the EB Immigration Processing Regression together at:
http://eb-help.us/eforum/index.php
Saturday, December 10, 2005
Immigrant sues for action on green-card application
He has heard nothing since filing March 2003; others find only way to get results is through courts
By Titan Barksdale
JOURNAL REPORTER
>> a d v e r t i s e m e n t <<
>> w e b t o o l s <<
Print Story | Email Story | News Tip?
A Russian man who now lives in Kernersville has filed a complaint against U.S. immigration agencies that alleges that they have unreasonably delayed processing his application for permanent residency.
The complaint is an example of how frustrated foreigners are looking for new tools to speed up the handling of applications for immigration, a local lawyer said yesterday.
"Regrettably, resorting to federal court is one of the only avenues left for immigrant applicants," said Heather MacKenzie, an immigration lawyer. "The system of immigration itself is so backlogged and CIS (U.S. Citizenship and Immigration Services) is so unresponsive, the only way you can get results is through court."
Oleg Baklenov filed a complaint in U.S. District Court in Greensboro on Oct. 20 alleging that those responsible for processing permanent-residency documents, or green cards, have taken nearly three years to notify him of the status of his application because of an administrative oversight. Baklenov alleges in the complaint that the immigration department failed to send a request to the FBI for a name check after he filed his application on March 19, 2003. The FBI checks on whether applicants have criminal backgrounds.
MacKenzie, who is not involved in Baklenov's case, said that most of her clients are notified "around the 24-month mark" about the status of employment-based applications for permanent residency, which is the type Baklenov applied for. Generally, it takes two to four years before an applicant is notified of the status of that application, she said.
For Baklenov, time is an issue because his grandmother has multiple sclerosis and other ailments, and he wants to travel to the Czech Republic to see her. If he leaves the country without a green card he might not be able to return.
"My grandmother is still in the hospital," said Baklenov, who is representing himself in the case. "She's in a steady state, but she's in old age. I can't leave the country because I don't know if I'll be able to come back."
"I'm optimistic that this will probably be settled out of court," Baklenov said. "The U.S. district attorney is talking with USCIS trying to expedite name-check process." MacKenzie said that when a complaint, called a writ of mandamus, is filed a U.S. attorney calls the immigration department to check on the application status.
"When you file a writ it pushes (immigration) to make a decision," MacKenzie said yesterday.
Baklenov's complaint names the U.S. Department on Homeland Security; Robert Divine, the acting deputy director of the U.S. Citizenship and Immigration Services; Paul Novak, the director of the Vermont Service Center, a processing center of immigration documents; and Alberto Gonzalez, the U.S. attorney general.
Baklenov, an engineer in Greensboro, said he has been in the United States for 11 years and has used interim work permits to maintain U.S. residency. The work permit alone does not allow a person to leave the country without a travel document, which allows an immigrant to re-enter the United States.
Baklenov said that when he filed his application for permanent residency in 2003, he didn't expect the delay and chose not to re-apply for a travel document, which costs nearly $200 and must be applied for each year. Green cards are valid for 10 years and allow immigrants to freely travel outside the United States
U.S. Rep. Virginia Foxx, R-5th, e-mailed the FBI, which said that it did not receive name-check requests from immigration until Feb. 9 this year, according to the complaint. Name-check requests are supposed to be sent by immigration at the start of the application process, Baklenov said in the complaint.
Bill Strassberger, a spokesman for Citizen and Immigration Services, said that Immigration has "a number" of similar complaints pending, and "all are related to security clearance" by the FBI.
"It could be an unnecessary hang-up, but that's more of the exception than the norm these days," Strassberger said. "It may seem that it's taking a long time for him, but it actually could be moving along as it should."
Penni Bradshaw, another local immigration lawyer, said that each case is different and that it is hard to determine how long it can take for green cards to be issued.
And even if Baklenov wins in court, he may not immediately get a green card, Bradshaw said.
"Even if the court were to grant relief, (the immigration department) would say we can complete the administrative process, but he can't be approved for the green card until his number comes up," she said.
Usually green cards are issued in the order applications are received, Bradshaw said.
Because of the uncertain status of his application, Baklenov has not scheduled a date to visit his 80-year-old grandmother, whom he credits with being a great influence in his life. Baklenov said he would probably stay about a month in the Czech Republic - where his grandmother is hospitalized - to arrange long-term care for her.
"I'm not suing the INS for money, I'm suing them for attention," Baklenov said. "It should not take this long to be notified of your status."
• Titan Barksdale can be reached at 727-7369 or at tbarksdale@wsjournal.com
Immigrant sues for action on green-card application
He has heard nothing since filing March 2003; others find only way to get results is through courts
By Titan Barksdale
JOURNAL REPORTER
>> a d v e r t i s e m e n t <<
>> w e b t o o l s <<
Print Story | Email Story | News Tip?
A Russian man who now lives in Kernersville has filed a complaint against U.S. immigration agencies that alleges that they have unreasonably delayed processing his application for permanent residency.
The complaint is an example of how frustrated foreigners are looking for new tools to speed up the handling of applications for immigration, a local lawyer said yesterday.
"Regrettably, resorting to federal court is one of the only avenues left for immigrant applicants," said Heather MacKenzie, an immigration lawyer. "The system of immigration itself is so backlogged and CIS (U.S. Citizenship and Immigration Services) is so unresponsive, the only way you can get results is through court."
Oleg Baklenov filed a complaint in U.S. District Court in Greensboro on Oct. 20 alleging that those responsible for processing permanent-residency documents, or green cards, have taken nearly three years to notify him of the status of his application because of an administrative oversight. Baklenov alleges in the complaint that the immigration department failed to send a request to the FBI for a name check after he filed his application on March 19, 2003. The FBI checks on whether applicants have criminal backgrounds.
MacKenzie, who is not involved in Baklenov's case, said that most of her clients are notified "around the 24-month mark" about the status of employment-based applications for permanent residency, which is the type Baklenov applied for. Generally, it takes two to four years before an applicant is notified of the status of that application, she said.
For Baklenov, time is an issue because his grandmother has multiple sclerosis and other ailments, and he wants to travel to the Czech Republic to see her. If he leaves the country without a green card he might not be able to return.
"My grandmother is still in the hospital," said Baklenov, who is representing himself in the case. "She's in a steady state, but she's in old age. I can't leave the country because I don't know if I'll be able to come back."
"I'm optimistic that this will probably be settled out of court," Baklenov said. "The U.S. district attorney is talking with USCIS trying to expedite name-check process." MacKenzie said that when a complaint, called a writ of mandamus, is filed a U.S. attorney calls the immigration department to check on the application status.
"When you file a writ it pushes (immigration) to make a decision," MacKenzie said yesterday.
Baklenov's complaint names the U.S. Department on Homeland Security; Robert Divine, the acting deputy director of the U.S. Citizenship and Immigration Services; Paul Novak, the director of the Vermont Service Center, a processing center of immigration documents; and Alberto Gonzalez, the U.S. attorney general.
Baklenov, an engineer in Greensboro, said he has been in the United States for 11 years and has used interim work permits to maintain U.S. residency. The work permit alone does not allow a person to leave the country without a travel document, which allows an immigrant to re-enter the United States.
Baklenov said that when he filed his application for permanent residency in 2003, he didn't expect the delay and chose not to re-apply for a travel document, which costs nearly $200 and must be applied for each year. Green cards are valid for 10 years and allow immigrants to freely travel outside the United States
U.S. Rep. Virginia Foxx, R-5th, e-mailed the FBI, which said that it did not receive name-check requests from immigration until Feb. 9 this year, according to the complaint. Name-check requests are supposed to be sent by immigration at the start of the application process, Baklenov said in the complaint.
Bill Strassberger, a spokesman for Citizen and Immigration Services, said that Immigration has "a number" of similar complaints pending, and "all are related to security clearance" by the FBI.
"It could be an unnecessary hang-up, but that's more of the exception than the norm these days," Strassberger said. "It may seem that it's taking a long time for him, but it actually could be moving along as it should."
Penni Bradshaw, another local immigration lawyer, said that each case is different and that it is hard to determine how long it can take for green cards to be issued.
And even if Baklenov wins in court, he may not immediately get a green card, Bradshaw said.
"Even if the court were to grant relief, (the immigration department) would say we can complete the administrative process, but he can't be approved for the green card until his number comes up," she said.
Usually green cards are issued in the order applications are received, Bradshaw said.
Because of the uncertain status of his application, Baklenov has not scheduled a date to visit his 80-year-old grandmother, whom he credits with being a great influence in his life. Baklenov said he would probably stay about a month in the Czech Republic - where his grandmother is hospitalized - to arrange long-term care for her.
"I'm not suing the INS for money, I'm suing them for attention," Baklenov said. "It should not take this long to be notified of your status."
• Titan Barksdale can be reached at 727-7369 or at tbarksdale@wsjournal.com
Last edited by a moderator:
Congressman's response
I did write to two senatros and a congressman using a tepmlate from this forum (thanks a lot folks!) and today a lady from the congressman's office called me and told:
- they can do nothing, this is an internal check and it goes as it supposed to;
- (my Q: it is pending more than 2 years - maybe some paperwork is lost or misplaced?) - No it cannot happen, if it happens they (? hmm who) will contact me;
- my case is pending due to the security check and such cases are reviewed ONCE a WEEK to check if the security check is over (wow);
- all I must do it is WAIT.
I did write to two senatros and a congressman using a tepmlate from this forum (thanks a lot folks!) and today a lady from the congressman's office called me and told:
- they can do nothing, this is an internal check and it goes as it supposed to;
- (my Q: it is pending more than 2 years - maybe some paperwork is lost or misplaced?) - No it cannot happen, if it happens they (? hmm who) will contact me;
- my case is pending due to the security check and such cases are reviewed ONCE a WEEK to check if the security check is over (wow);
- all I must do it is WAIT.
Name Check is Primary issue
It is an affront to the system. 3 years after filing my 485 my name check is still pending. If they are supposed to be completed in 3 days time (72hours), why does it take 3 years and still no action ? I have received my 4th EAD - while people applying for 485 in 2005 are getting approved ??????
It is shame on the whole system.
Only a representation that makes Name check as the primary issue to be addressed and serious injustice to be corrected will be a true representation.
If people have to file Mandamu Lawsuit to get their Name check done - is the biggest shame on the system !!!
It is an affront to the system. 3 years after filing my 485 my name check is still pending. If they are supposed to be completed in 3 days time (72hours), why does it take 3 years and still no action ? I have received my 4th EAD - while people applying for 485 in 2005 are getting approved ??????
It is shame on the whole system.
Only a representation that makes Name check as the primary issue to be addressed and serious injustice to be corrected will be a true representation.
If people have to file Mandamu Lawsuit to get their Name check done - is the biggest shame on the system !!!
I wrote several letters to NJ-Senators, they replied they are working closely with associations to legalize the illegals. Such a stupid answers to legals like a slap on cheek. They know that green card for next 5 years is useless for them, no vote, no help.compass said:I did write to two senatros and a congressman using a tepmlate from this forum (thanks a lot folks!) and today a lady from the congressman's office called me and told:
- they can do nothing, this is an internal check and it goes as it supposed to;
- (my Q: it is pending more than 2 years - maybe some paperwork is lost or misplaced?) - No it cannot happen, if it happens they (? hmm who) will contact me;
- my case is pending due to the security check and such cases are reviewed ONCE a WEEK to check if the security check is over (wow);
- all I must do it is WAIT.