to all:
just spoke with top legal experts about this memo. this is their interpreation.....the most important aspect of the letter is the "spirit and intent" of the memo which supercedes the actual wording. do not get caught up in the actual wording. the concept that uscis is trying to implement here is accuracy and efficiency. the applications with an approved 140 but not yet approved 485 will most likely get priority over a case that has not yet received a 140 approval. the "spirit" is to look after the loose ends first, and not to just drop what they've done so far and move on to new cases received after april 30th 2004. that would not satisfy the intent of the memo. (so if you have an approved 140 and are awaiting an approved 485, you are most likely in better shape than those who do not have an approved 140/485 and a notice date in sept oct nov 2003). lets be realistic, if cases received after april 30th 2004 received priority, the customers without the 485 (or without 140/485) would have a "legal" case againt the uscis, and the uscis does not want to come under legal fire during this sensitive immigration time during an election year. bush is doing his best to get the support of the immigrant community. they are going to do things such that they do not come under fire and minimize public outcry! the legal experts explain that uscis will most likely do the following:
1. address cases with approved 140, but not yet approved 485 (and work harder to ensure these get done quickly so as to catch up and have them done according to the 140 approval date (to make them 'almost' concurrently adjudicated. please note that cases filed in mid 2002 still have not yet received 485 approval. accoding to my sources, these need to be addressed before approving any of the 2003 and 2004 applications - its just not logical and would create a lot of 'heartburn' in the system!)
2. address cases that do not yet have either 140 or 485 from 2003 and early 2004. adjudicate them concurrently according to the 140 date (if the 'loose ends' dont take too long).
3. address cases filed after april 30th 2004 and adjudicate them concurrently.
this would satisfy the intent of the legislation and more specifically the ohata memo. if we think about it for a second or two, the uscis recognizes there are problems, bottlenecks, etc.....and what they are trying to do is make the systme better, NOT worse!!
all the best, good luck to all. get and stay green!!!!
just spoke with top legal experts about this memo. this is their interpreation.....the most important aspect of the letter is the "spirit and intent" of the memo which supercedes the actual wording. do not get caught up in the actual wording. the concept that uscis is trying to implement here is accuracy and efficiency. the applications with an approved 140 but not yet approved 485 will most likely get priority over a case that has not yet received a 140 approval. the "spirit" is to look after the loose ends first, and not to just drop what they've done so far and move on to new cases received after april 30th 2004. that would not satisfy the intent of the memo. (so if you have an approved 140 and are awaiting an approved 485, you are most likely in better shape than those who do not have an approved 140/485 and a notice date in sept oct nov 2003). lets be realistic, if cases received after april 30th 2004 received priority, the customers without the 485 (or without 140/485) would have a "legal" case againt the uscis, and the uscis does not want to come under legal fire during this sensitive immigration time during an election year. bush is doing his best to get the support of the immigrant community. they are going to do things such that they do not come under fire and minimize public outcry! the legal experts explain that uscis will most likely do the following:
1. address cases with approved 140, but not yet approved 485 (and work harder to ensure these get done quickly so as to catch up and have them done according to the 140 approval date (to make them 'almost' concurrently adjudicated. please note that cases filed in mid 2002 still have not yet received 485 approval. accoding to my sources, these need to be addressed before approving any of the 2003 and 2004 applications - its just not logical and would create a lot of 'heartburn' in the system!)
2. address cases that do not yet have either 140 or 485 from 2003 and early 2004. adjudicate them concurrently according to the 140 date (if the 'loose ends' dont take too long).
3. address cases filed after april 30th 2004 and adjudicate them concurrently.
this would satisfy the intent of the legislation and more specifically the ohata memo. if we think about it for a second or two, the uscis recognizes there are problems, bottlenecks, etc.....and what they are trying to do is make the systme better, NOT worse!!
all the best, good luck to all. get and stay green!!!!