Don Neufeld says Out-of-Order Processing is OK

S

Sumata

Registered Users (C)
I received a letter from our congressman.

********
May 26, 2004

Dear Congressman _________

Thank you for your recent letter seeking informaiton about the backlog of employment based Adjustment of Status applications (Form I-485) at the California Service Center (CSC).

I want to assure you that the CSC continues to adjudicate adjustment of status applications. In fact, our records reflect that we approved, denied, or relocated for interview more than 24,000 in Fiscal Year 2003. We have allocated additional resources and expect to complete more than 68,000 applications in the current fiscal year.

Unlike most other applications, I-485's are not necessarily adjudicated in receipt date order. Adjudication can only occur after all backgroupd checks have been conducted, relating files located, and underlying petitions retrieved from file storage, including those of family members. With the added safeguards that were mandated after Septebmer 11, 2001, most applications required additional background checks before they could be properly adjudicated. As response times in conducing these checks varied greatly from case to case, these additional checks further disrupted the chronological processing of applications and significantly delayed the overall adjudication process. Even though we continued to adjudicate thousands of applications as checks were completed, our published processing time showed little progress.

As the older background checks are completed, the processing time for I-485's will continue to improve. Based on current workload projections, we expect to reduce the procesing tim for Adjustment of Status applicaitons to 12 months or less by the en dof September 2004.

I hope I have adequately addressed your concerns. I would be happy to discuss this furhter should you or someone on your staff wish to contact me by telephone. I may be reached at (telephone number whited out).

Sincerely,

Donald W. Neufeld

DN:cm
****************

Now they are officially relinquishing the old mantra, "Be fair to others, wait until your turn." Also, they can say that they are adjudicating so many by approving WAC03 and WAC04 filers.

The consistent pattern on this bulletin board is that many of WAC02-100~160 filers who had first FP between July and December 2002 are not even getting 2nd FP notices. I think our cases are lost in the pile of papers, and we won't hear until all WAC03 cases are cleared.

WAC02-12x-51xxx, EB2
PD May 2001
RD Feb 2002
ND Mar 2002
 
lier lier pants on fire.

what stops this crook from conducting background checks on older apps first. what background checks are being conducted? Only thing I see is FP. those with unexpired FP (Y03 and 04 applicants) are getting approvals. Is he saying that background checks requested for Y02 applicants years ago hasn't come back but the same checks for Y03 and 04 came back quickly. this whole background check, 9/11 thing is being used in out of proportion by this crook to hide his impotence.
 
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Bogus double speak
<I>"Adjudication can only occur after all backgroupd checks have been conducted, relating files located, and underlying petitions retrieved from file storage, including those of family members. "</I>

Only if the damn fool uses his resources to send people their FP notices - can their files be complete. And he uses the same resources to process cases filed a year later.
 
What a load of sh!! Does anyone actually know what these 'new' background checks actually entail? The only change I know of is, as a result of 9/11, is that CIS needs an explict result from the FBI where they used to assume that no reply from the FBI meant 'no problem'. The FBI still does the FP check and they do quickly, mine was done in a few weeks. I know for a fact that CIS got the results over a year ago. So what are these other checks that are taking years to complete?

I'm tired of hearing the "additional background checks" excuse. Maybe the FBI is being more thorough but they still complete their checks very quickly. I'd love to hear Don Neufeld have to give a detailed explanation of exactly what background checks he is speaking of. Anyone know someone in Congress who can put him on the hot seat?
 
In 12 months or less. That sounds too good to be true!

"As the older background checks are completed, the processing time for I-485's will continue to improve. Based on current workload projections, we expect to reduce the procesing tim for Adjustment of Status applicaitons to 12 months or less by the en dof September 2004."
 
solution: bombard csc with fax/email/mail campaign

We should start another series of fax/email/mail campaign directly to CSC.
 
What the hell is the "background check"?! It takes TWO ys and seems FOREVER for majority of the 02 filers, but less than ONE year for 03 filers?
 
As the older background checks are completed, the processing time for I-485's will continue to improve. Based on current workload projections, we expect to reduce the processing time for Adjustment of Status applications to 12 months or less by the end of September 2004.
Click to expand...

Yeah, still spout the same BS. To reach that goal, JIT should move more than a month each week. Last report the JIT did not even move! I wish there was a way they could be held accountable for making irresponsible projections to avoid answering the questions at hand

Regarding the finger prints and checks, I sent an Expedite request to approve my application as FP was about to expire. They rejected it on the ground that my ND was after the current JIT date. They want to have it both ways, what ever gives them an excuse for not working.

The whole message is so twisted. The question was about general random processing and the guy points to handful of cases delayed by security checks. I guess we should pick the cases not adjudicated with JIT in 2001 and claim that processing is still being done on 2001 cases.
What a load of crap! It can be paralleled only by the politicians. :mad:
 
shangh71 said:
What the hell is the "background check"?! It takes TWO ys and seems FOREVER for majority of the 02 filers, but less than ONE year for 03 filers?
Click to expand...

According to Neufeld logic all the 2002 applicants have readlly BAD backgrounds - either their names similar to terrorists or they have some criminal history. And, whoever fall into 90 days concurrent pilot program have clean background (assumed) or they are bypassing background check. Otherwise how come they promise the approval within 90 days - when security/background check takes soooooooooo long.
 
Dear Don Neufeld ,

Next time, when you have a heart attack, and call the ambulance emerency line, I wish what you will hear is this: Sorry, Mr. Don, we are sending the ambulance to the person who called after you because we are more close to them.

and when you finally arrive the hospital, I wish you will hear this: Sorry, Mr. Don, I know you will die soon, but the doctor is busy with the patients arrived after you because the doctor's office is more close to the end of the queue. so all you need to do is wait patiently.
 
Where did go "First Come First Serve" principle. As some people on this forum got above response when enquired about their status. The pilot program is one of the causes for Out of Order Processing. Clean record cases are being delayed. I do not think it is related to background check.
 
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There are people with "Last Update" that hasn't changed in 1 or 2 years (i.e. cases not touched) who have filed earlier than others who are approved. This debunks the backgound check varies from case to case BS. How can you do background check without touching the case ??
 
Sumata said:
....Unlike most other applications, I-485's are not necessarily adjudicated in receipt date order. Adjudication can only occur after all backgroupd checks have been conducted, relating files located, and underlying petitions retrieved from file storage, including those of family members......most applications required additional background checks before they could be properly adjudicated.......
Click to expand...

That doesn't sounds right, many other applications need background checks too! Perhaps including EAD and AP, why they all got approved in 2 month? Especially true for non-immigrant visa that used to enter the country.

'Adjudication' <> 'processing', it is implied here that all cases are being processed and the delay is at FBI, that is to the contrary of what everyone else observed. most of them are waiting for actions of CSC (like FP notice), or simply waiting on shelf for no reason.

Now the explanations being laid out, they better have numbers to support their theory, otherwise they have been misleading your senator and congressman/woman.

The next question(s) to ask would be:
1. exactly what percentage of 01-03 cases (before JIT) are in background check;
My guess is far less than 100%. FBI could confirm the number here with what CSC provided.

2. and how many have expired FP, and waiting for FP notice to be issued by CSC?
Even when there is only one case left, they are not suppose to let it sit and working on new cases. How about let computer automatically generate notice, that is the least they can do.

3. How much longer would it take to get 'relating files located, and underlying petitions retrieved from file storage' for a 01/02 case than a 10/02 case? And why would be that even become a reason for not adjudicating older case.

4. How many cases have all materials complete, and not in background check, but not being adjudicated yet?

And if even one case of 2 or 4 exist, how could they justify themselves adjudicating newer cases?
 
May I request you all to consider joining Project Cosmos campaign to be started in the week of June 7th?

The target of the campaign is immigration sub-committee in the Senate and the House. If we get more volunteers, we could target more senators and congressmen. Personally, I prefer sending faxes/postal mails to Senators and/or Congressmen than to USCIS. USCIS needs to be held accountable by the Congress.

http://boards.immigrationportal.com/showthread.php?t=126617

Please visit and provide your feedback. If you like what we are about to do, please join us. If you don't like it, let us know any other ideas you might have.

One thing is clear. Status Quo is unacceptable.
 
His whole statement is just fishy. I simply do not trust this guy anymore.

I wish the lawsuit proceeding will start soon. Only then will he be dragged into the court to face the judge. Let's see if old Don dares to say the same thing under oath, and provide some evidence to prove it.

Eagerly waiting to hear about the 6/3 hearing .....
 
Don Neufeld's Letter to Anna Eshoo 12/22/2003

Hi, Sumata,
It's great that you have got a reply from Don Neufeld via your Congressman.
Actually, it is very similar to his letter to Anna Eshoo written in December 2003 as I posted at:
http://immigrationportal.com/showthread.php?t=99973&page=24&pp=15#post662501
December 22, 2003

The Honorable Anna Eshoo
Congress of the United States
House of Representatives
Washington, D.C. 20515

Dear Congresswoman Eshoo;

Thank you for your recent letter seeking information about the backlog of employment based Adjustment of Status applications (Form I-485) at the California Service Center (CSC).

I want to assure you that the CSC continue to adjudicate adjustment of status applications despite the slow progress of our published processing time. In fact, our records reflect that we have approved, denied, or relocated for interview more than 86,000 such applications since January 2002.

Unlike most other applications, I-485's are not necessarily adjudicated in receipt date order. Adjudication can only occur after all background checks have been conducted, relating files located, and underlying petitions retrieved from file strage, including those of family members. With the added safeguards that were mandated after September 11, 2001, most applications required additional background checks before they could be properly adjudicated. As response times in conducting these checks varied greatly from case to case, these additional checks further disrupted the chronological processing of applications and significantly delayed the overall adjudication process. Even though we continued to adjudicate thousands of applications as checks were completed, our published processing time remained "frozen" while the background checks remained pending for many of the oldest cases.

As we make progress in completing the older background checks, the processing time for I-485's will begin to improve. However, because of the competing need to adjudicate approximately 60,000 El Salvadoran applications for Temporary Protected Status (TPS) prior March 9, 2004, we do not anticipate assigning any additional staff to process I-485s until the latter half of this fiscal year. We do plan to significantly increase resource allocations to I-485 adjudications beginning April 2004. Based on current workload projections, our goal is to reduce the processing time for Adjustment of Status applications to 12 months or less by the end of September 2004.

I hope I have adequately addressed your concerns. I would be happy to discuss this further should you or someone on your staff wish to contact me by telephone. I may be reached at (949) ***-****.

Sincerely,
(Don Neufeld's signature)
Donald W. Neufeld

DN:cm
Click to expand...
Sumata said:
I received a letter from our congressman.

********
May 26, 2004

Dear Congressman _________

Thank you for your recent letter seeking informaiton about the backlog of employment based Adjustment of Status applications (Form I-485) at the California Service Center (CSC).

I want to assure you that the CSC continues to adjudicate adjustment of status applications. In fact, our records reflect that we approved, denied, or relocated for interview more than 24,000 in Fiscal Year 2003. We have allocated additional resources and expect to complete more than 68,000 applications in the current fiscal year.

Unlike most other applications, I-485's are not necessarily adjudicated in receipt date order. Adjudication can only occur after all backgroupd checks have been conducted, relating files located, and underlying petitions retrieved from file storage, including those of family members. With the added safeguards that were mandated after Septebmer 11, 2001, most applications required additional background checks before they could be properly adjudicated. As response times in conducing these checks varied greatly from case to case, these additional checks further disrupted the chronological processing of applications and significantly delayed the overall adjudication process. Even though we continued to adjudicate thousands of applications as checks were completed, our published processing time showed little progress.

As the older background checks are completed, the processing time for I-485's will continue to improve. Based on current workload projections, we expect to reduce the procesing tim for Adjustment of Status applicaitons to 12 months or less by the en dof September 2004.

I hope I have adequately addressed your concerns. I would be happy to discuss this furhter should you or someone on your staff wish to contact me by telephone. I may be reached at (telephone number whited out).

Sincerely,

Donald W. Neufeld

DN:cm
****************

Now they are officially relinquishing the old mantra, "Be fair to others, wait until your turn." Also, they can say that they are adjudicating so many by approving WAC03 and WAC04 filers.

The consistent pattern on this bulletin board is that many of WAC02-100~160 filers who had first FP between July and December 2002 are not even getting 2nd FP notices. I think our cases are lost in the pile of papers, and we won't hear until all WAC03 cases are cleared.

WAC02-12x-51xxx, EB2
PD May 2001
RD Feb 2002
ND Mar 2002
Click to expand...
 
Do the numbers add up?

Actually, his letter sounds goog. He is still sticking to the goal of 1year processing time by October 1. The problem is that numbers do not seem to add up. If the adjutication of 24,000 cases did not bring much of a progress as far as processing time goes, how does he expect adjudicating 68,000 to improve the processing time so dramatically?
 
BTW, does this 12 month processing time apply to newly filed cases only, or backlog cases as well?

If it applies to old cases too, then it means all cases with wait time > 1 year should be completed by Sept; this means that at the end of Sept, the JIT date should move to Sept 03, or at least all cases before Sept 03 should be touched. That sounds like a fairy tale to me. I think his goal is aimming towards new cases, and ignoring the backlog. He is playing games with words.
 
Projection and Expectations

jkuo44 said:
If it applies to old cases too, then it means all cases with wait time > 1 year should be completed by Sept; this means that at the end of Sept, the JIT date should move to Sept 03, or at least all cases before Sept 03 should be touched. That sounds like a fairy tale to me. I think his goal is aimming towards new cases, and ignoring the backlog. He is playing games with words.
Click to expand...

The key word is "projection" and "we expect..." They don't have to do anything. Besides, end of September approval is too late for me for my personal reasons. My life will be eternally changed if I don't get it by the end of July, which is more likely than not.

>>Based on current workload projections, we expect to reduce the procesing tim
 
pralay said:
According to Neufeld logic all the 2002 applicants have readlly BAD backgrounds - either their names similar to terrorists or they have some criminal history. And, whoever fall into 90 days concurrent pilot program have clean background (assumed) or they are bypassing background check. Otherwise how come they promise the approval within 90 days - when security/background check takes soooooooooo long.
Click to expand...


This seems a very valid argument from our side. Can we use this in the lawsuit ? Atleat we should use this in our next campaigns.
 
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