Employment based immigration backlog petition

USCIS Director

http://www.immigration.com/frame/pepremarkonguardinglibertyfr.html

The latest from USCIS director, clearly shows that the administration is not even recognising the problem..and openly challenging the COURTS!

Simply,we make certain that the right applicant receives the right benefit in the right amount of
time and we prevent the wrong applicant from receiving our benefits.
Annually,we conduct 35 million background checks,on the front and back ends of processing
every application.In the amount of time that it takes you or me to make a pot of coffee,we run a
check and our adjudicators make a decision that impacts a life,often a family,and always a
country.
Our national security check process is stronger today than ever before.The system is designed
to prevent a decision from being made until USCIS is in receipt of a response from the Federal
Bureau of Investigation.
This policy has resulted in court challenges against us,but we make no apologies and will not cut
a single corner in protecting our homeland.

The real performance:http://boards.immigrationportal.com/showthread.php?threadid=107309
 
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Annually,we conduct 35 million background checks,on the front and back ends of processing
every application.In the amount of time that it takes you or me to make a pot of coffee,we run a
check and our adjudicators make a decision that impacts a life,often a family,and always a
country.
Our national security check process is stronger today than ever before.The system is designed
to prevent a decision from being made until USCIS is in receipt of a response from the Federal
Bureau of Investigation.
This policy has resulted in court challenges against us,but we make no apologies and will not cut
a single corner in protecting our homeland
Click to expand...

so they are saying their's portion(background check) is fast, the security check (FBI portion) is slow. so how come the FBI finger print always cleared in less than couple days?

President Bush has tasked me with “welcoming immigrants with open arms,not endless lines.”
Click to expand...

every time I see they quote this I don't get it. whatever happend is on the oppoisite way:

They moved only 2 monthes in the whole past year. the processing time get from 10 months to 22 months.
man... the lines gets longer and longer ...
 
I have not been that active lately because of a recent new addition to the family. I would like to devote my time and resources in our next course of action from now on.
 
Processing of I-485/Discrimination

Lawsuit relevance:

The DISCRIMINATION against EB I-485 continues now with the H1-B premium or not processing..after the TPS, the Religious, etc.

Processing of I-485

http://www.hammondlawfirm.com/alerts/10.14.03alert.htm

In an attempt to save the H-1 Premium Processing Program, the USCIS has
begun shifting workers from their I-140 processing and I-485 processing lines
to their H-1 worker lines. As a result employer-petitioners should expect to
see increased processing times for I-140s and I-485 cases. Likewise,
employers should also expect to see increased Requests for Evidence in H-1
filings, primarily because of untrained or inexperienced H-1 line staff

Once the H1-B is gone (second quarter of 04) then the I-485 processing will increase. By that time, I am sure some Asylum
and refugee, some TPS, some more Religious workers, or maybe UFOs will get in line first. It looks like the President wants to go
to the moon next year! I am sure they will be looking for terrorists there.
 
Re: Processing of I-485/Discrimination

Thanks Cinta. This is another good evidence EB I-485 is being treated unfairly.
This also makes think of a question for Rajiv. Can we ask for premium processing for 485 as part of the lawsuit. Or is it something wouldn't help even we have it, since they may use security check as excuse again?



Originally posted by cinta
Lawsuit relevance:

The DISCRIMINATION against EB I-485 continues now with the H1-B premium or not processing..after the TPS, the Religious, etc.

Processing of I-485

http://www.hammondlawfirm.com/alerts/10.14.03alert.htm

In an attempt to save the H-1 Premium Processing Program, the USCIS has
begun shifting workers from their I-140 processing and I-485 processing lines
to their H-1 worker lines. As a result employer-petitioners should expect to
see increased processing times for I-140s and I-485 cases. Likewise,
employers should also expect to see increased Requests for Evidence in H-1
filings, primarily because of untrained or inexperienced H-1 line staff

Once the H1-B is gone (second quarter of 04) then the I-485 processing will increase. By that time, I am sure some Asylum
and refugee, some TPS, some more Religious workers, or maybe UFOs will get in line first. It looks like the President wants to go
to the moon next year! I am sure they will be looking for terrorists there.
Click to expand...
premium processing
 
Re: Re: Processing of I-485/Discrimination

Originally posted by hidden_dragon
This also makes think of a question for Rajiv. Can we ask for premium processing for 485 as part of the lawsuit.
Click to expand...
This is one of the suggestions that the CSC members have been proposing to the members of Congress we speak too, as a means to reduce backlog, everytime the Congressman puts forth the argument that the budget is not enough.

We are trying to get the Congressmen to suggest this to the Director of CSC to incorporate in their master plan to reduce backlogs.
 
Re: Re: Re: Processing of I-485/Discrimination

Originally posted by 140_takes_4ever
This is one of the suggestions that the CSC members have been proposing to the members of Congress we speak too, as a means to reduce backlog, everytime the Congressman puts forth the argument that the budget is not enough.

We are trying to get the Congressmen to suggest this to the Director of CSC to incorporate in their master plan to reduce backlogs.
Click to expand...


You can ask this as part of the suit or outside of it. You have to remember one thing. The I-485 is a different application than anything else, so there are reasons why the Premium program does not cover it. It is tied to other Federal agencies, like FBI, CIA, whatever the Administration is thinking about Security and others. Besides, any money collected from these programs nobody knows where it goes. In fact similar initiatives like the Concurrent processing for example made the Backlog problem worse.
My personal opinion, this is first not feasible and deflects the actual problem. The problem is these people first do not recognise the problem and therefore they have no plans to solve it. According to Bush "we want to match a willing employer with a willing employee" and the USCIS Director, "right applicant, right benefit, at the RIGHT TIME". You need to understand that these delays are kept for their own PURPOSE AND AGENDA.
There are far more simpler methods to employ like working weekends and overtime for example as the Canadians did. The problem is that there is no political will to do anything.
 
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Another Federal lawsuit.

A lot of the procedures used during the I-485 processing relating to Security checks may be unconstitutional and illegal. For example the repetition of FP and Name check every 35 days.
See related federal suit.
http://www.philly.com/mld/philly/news/nation/7516859.htm

Posted on Thu, Dec. 18, 2003



Suit seeks to shield immigration data
Associated Press

NEW YORK - Immigrant and ethnic minority groups sued
yesterday to stop the federal government from entering
immigration data into a national crime database, saying the
practice illegally targets immigrants under the guise of post-Sept.
11 security.

The National Crime Information Center - a congressionally
authorized clearinghouse for local, state, federal and international
criminal records - is typically used for records such as warrants and
"rap sheets," says the lawsuit, filed in federal court in New York.

But since Sept. 11, it says, the Bush administration has entered
immigration data such as orders of deportation.

The lawsuit, filed by several groups including the American Civil
Liberties Union, asks a federal judge to block entry of such records
and to erase the thousands of already-entered civil immigration
records.

Attorney General John Ashcroft, Homeland Security Secretary Tom
Ridge and FBI Director Robert Mueller are named as defendants.

The administration has repeatedly said that its post-Sept. 11
security measures, including tougher enforcement of immigration
laws, are vital to preventing terrorism. Officials with the Justice and
Homeland Security Departments did not immediately return calls
yesterday seeking comment.
 
I agree on the above two items with cinta.

1) Premium processing for I-485 is a bad idea, especially for people having been already waiting for a long time like us.
The USCIS has already two years of backlog ( 300,000+ cases), so premium processing should not be available for those people even if it becomes available.
If only new applicants can apply I-485 with premium processing, our cases would be delayed more.
Or, should we file I-485 application again ?

2) Extra security checkes must be eliminated.
If the Bush Administration really think it strengthens National Security to implement a lot of additional duplicated security checks against only 300,000+ of EB I-485 applicants, they must be coward and stupid.
Any actions such as lawsuit by immigrant and ethnic minority groups are imporant.
 
I guess we should ask the court to order BCIS to delink the security checks from GC approval if those checks are blamed for the delays. I mean they should follow the same principle that the courts follow : "presumed innocent unless found guilty" . After all are we not allowed to live in this country while those security checks delays were going on ? So what are they going to lose if they approve GC while they continue / pursue their million checks. Getting a GC does not make make any one immune to deportation or other legal actions. They (BCIS) are only using the security checks as an excuse to delay the cases, not for national security.
 
All we want is some decision in the specified time.

Can't they do more security checks after approving the GC.

Almost all of our future is based on this decision. If they let us know they can not give GC then we better goback.

it is H1 should be gone to more security checks and not GC.

Let us file the Law suit...

thanks
Sg
 
Good point. I thought about the same thing, are they doing security check for H-1 or not? If they've done security check already for H-1B, there is no reason to do it all over again, unless they are doing it for naturalization as well.... one day they will start to check citizens.



Originally posted by smita_goyle
All we want is some decision in the specified time.

Can't they do more security checks after approving the GC.

Almost all of our future is based on this decision. If they let us know they can not give GC then we better goback.

it is H1 should be gone to more security checks and not GC.

Let us file the Law suit...

thanks
Sg
Click to expand...
 
> Can't they do more security checks after approving the GC.

Exactly.
What coward John Ashcroft and stupid Tom Ridge are afraid of is not terrorists themselves but approving visa to terrorists.

If security checks are really important, they should be separated from adjudication process
and FBI should check all immigrants (and maybe U.S. citizens) repeatedly all the time, even after approval of I-485, N-400, and any application.
Anyway, if somebody were a terrorist, he should be arrested regardless of his status.

Security Checkes must not be pressed to poor USCIS.
 
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Courts

Guys,

I think we are being discriminated by USCIS wrt the so called Security Checks. The repetition of FP, the Name checks and the so called VALIDITY of all these (35 days). As the Director mentioned in Ottava, Canada (The Summit Institute), these checks are performed at the FRONT AND THE BACK of the adjudications. For what?? They end up doing Security checks ONLY.
This should be brought in Rajiv's attention and see if there is any connection with the Lawsuit; otherwise we should direct it elsewhere, I mean the SECURITY CHECKS problem as an independent one.
On the bright side, recent court decisions show that the Courts woke up..(Padilla (whether guilty or innocent), Gitmo, etc). The administration (Ashcroft, Ridge, FBI)is being challenged finally!

http://www.cnn.com/2003/US/12/19/gitmo.ruling/index.html

More information on these and related issues at:
http://www.lchr.org/
http://www.aclu.com/
 
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Send them a letter asking this :

"If we do not hear from you regarding GC, within 30 days, we are going back".

Then you will definitely know whether they want you to go back or not .

:)


Originally posted by smita_goyle
All we want is some decision in the specified time.

Can't they do more security checks after approving the GC.

Almost all of our future is based on this decision. If they let us know they can not give GC then we better goback.

it is H1 should be gone to more security checks and not GC.

Let us file the Law suit...

thanks
Sg
Click to expand...
 
Re: Re: Re: Re: Processing of I-485/Discrimination

Originally posted by cinta
You can ask this as part of the suit or outside of it. You have to remember one thing. The I-485 is a different application than anything else, so there are reasons why the Premium program does not cover it. It is tied to other Federal agencies, like FBI, CIA, whatever the Administration is thinking about Security and others. Besides, any money collected from these programs nobody knows where it goes. In fact similar initiatives like the Concurrent processing for example made the Backlog problem worse.
Click to expand...
One of the first problems Congressmen cite for not reducing the backlog is budget. There is no way you can get any court to dictate to the Federal government how to write its budget.

Not that I am for premium processing, which in my opinion is just legalized bribing of the government, where the rich can get faster benefits and poor pay the price. BUT, there is no way around the budget problem other than to promise to pay an extra fee, the only way to legalize the extra fee is via premium processing.

The solution of INS working on weekends and overtime is one big humbug! In which case, the adjudicators will work even slower than normal, to collect extra money for working overtime and on weekends. The only way to solve the problem is to throw resources at it. The money has to be in hand to hire staff, without which nothing is going to work.
As far as intra agency workload is concerned, the FBI doesn't take more than 1 day to process a name check. So don't see security checks as taking too much time, regardless the INS can always say process is halted when a different agency is responsible for the check and extend premium processing time.
 
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Re: Re: Re: Re: Re: Processing of I-485/Discrimination

OK, so part of the lawsuit should be to find out what's REALLY slowing EB 485 down. Then we may propose a solution...


Originally posted by 140_takes_4ever
One of the first problems Congressmen cite for not reducing the backlog is budget. There is no way you can get any court to dictate to the Federal government how to write its budget.

Not that I am for premium processing, which in my opinion is just legalized bribing of the government, where the rich can get faster benefits and poor pay the price. BUT, there is no way around the budget problem other than to promise to pay an extra fee, the only way to legalize the extra fee is via premium processing.

The solution of INS working on weekends and overtime is one big humbug! In which case, the adjudicators will work even slower than normal, to collect extra money for working overtime and on weekends. The only way to solve the problem is to throw resources at it. The money has to be in hand to hire staff, without which nothing is going to work.
As far as intra agency workload is concerned, the FBI doesn't take more than 1 day to process a name check. So don't see security checks as taking too much time, regardless the INS can always say process is halted when a different agency is responsible for the check and extend premium processing time.
Click to expand...
 
My 2 cents

Right now the only thing USCIS can do to prevent past mistakes is to do security checks. I dont think that any law suit can stop that. I also support the security checks because it is important that wrong people dont get immigration.
Yes, the plan for future is to link it more at POE for all immigrants/visitors. That is why the new biometric checks at airports will start Jan 04.
Till this all settles down into a solid plan we will continued to be ignored and delayed. The primary motive of USCIS is what - To prevent terrorism or to give GC ?
I would vouch for the former.
So we all know whom to blame now rather than USCIS. I dont know whether the security/anti terrorism issue has come up with your conversation with Rajeev . How would the law suit stand in such a case ?
 
Re: My 2 cents

I am not voting against security check. But I think the real issue with EB 485 delay is not slow security check (it really take several months or a year?). The delay is more becuase USCIS are not willing to allocate reasonable resource to handle EB 485, comparing with other category. Security is merely an excuse, which we has to be careful about in the lawsuit.

Originally posted by gambler
Right now the only thing USCIS can do to prevent past mistakes is to do security checks. I dont think that any law suit can stop that. I also support the security checks because it is important that wrong people dont get immigration.
Yes, the plan for future is to link it more at POE for all immigrants/visitors. That is why the new biometric checks at airports will start Jan 04.
Till this all settles down into a solid plan we will continued to be ignored and delayed. The primary motive of USCIS is what - To prevent terrorism or to give GC ?
I would vouch for the former.
So we all know whom to blame now rather than USCIS. I dont know whether the security/anti terrorism issue has come up with your conversation with Rajeev . How would the law suit stand in such a case ?
Click to expand...
 
Most of us, including me, don't know what exactly Security Checks are.
Does somebody know what exactly the USCIS (and FBI?) is doing as Security Checks ?
 
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