Employment based immigration backlog petition

Rajiv

Daily we see many [postings by people which show strange ways of BCIS. Here is one of the examples :
http://boards.immigrationportal.com/showthread.php?s=&postid=652592#post652592

I think we have to ask every one here to tell their personal bad experiences with BCIS. This need to be done in one single thread. Actually we made some efforts before to collect stories from people but we are not quite successful. Most of the people post their experiences when it happened, not later (due to lethargy).
 
Re: Rajiv

Originally posted by dsatish
Daily we see many [postings by people which show strange ways of BCIS. Here is one of the examples :
http://boards.immigrationportal.com/showthread.php?s=&postid=652592#post652592

I think we have to ask every one here to tell their personal bad experiences with BCIS. This need to be done in one single thread. Actually we made some efforts before to collect stories from people but we are not quite successful. Most of the people post their experiences when it happened, not later (due to lethargy).
Click to expand...

dsatish, core team, members,

Story collection can be done anytime.
Concetrate on what Rajiv indicated earlier:

Further Action

Please go to our advocay software:

http://econstituent.votenet.com/immigration

Click on the I-485 issues and send that to your Congressmen. Invite your friends to do the same.

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


I am leaving town

When I come back, I will explain the tasks left for us to do.

Here is the gist:

We should again start a fresh push to Congressmen,
Khatri and other CIS officials. Once the law suit is
filed (which we have already done), we can send a copy of complaint to our
congressmen. Also we should approach all the sponsors
of Infrastructure Improvement act, so that they might
bring back those issues again in Congress and also
they might question the appropriate CIS officials.


Publicity: Let's try to reach all ethnic
organizations(Indian, Chinese, Russian, Latinos,
......), organizations like IEEE, Big
corporations,.......... Let's gather the support of
everyone for our cause. Have them issue statements in our support, call their Congressmen....

__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
rskhanna@immigration.com; http://www.immigration.com
703-908-4800 Extension 110
 
Cinta,
It looks like you are hurt by my posting. I apologize for the same.

Once again, I reiterate, I have great respect for you and your commitment.


-rajum
 
Originally posted by rajum
Cinta,
It looks like you are hurt by my posting. I apologize for the same.

Once again, I reiterate, I have great respect for you and your commitment.


-rajum
Click to expand...

Look at the post above: This is what is needed to be done!
 
Petition - List of Signatures

We started Immigration Benefits (Permanent Residence and Naturalization) Backlog Petition in September 2003,
and its Current List of Signatures grows too big.
It takes a long time to display and to print the list.

I created 4 HTML pages from the list as of 3:30pm 1/6/2004.
It includes just 4,000 signatures after removing duplicated data,
so each page includes 1,000 signatures.
I think it's proper size for printing.

list1.html.zip
list2.html.zip
list3.html.zip
list4.html.zip
 
Bush's immigration reform?

Courtesy of "www.immigration-law.com"

01/07/2004: Bush's Immigration Reform Program and Unanswered Questions

Even though the announced Bush immigration reform program is far from being perfect, this web site generally wecomes the move. This program, however, seriously neglects to answer one question which has been considered a fundamental flaw in the immigration management system, to wit, immigration backlogs. The current immigration system has already reached the level of backlogs which are admitted by the four corners of the society unacceptable. The President promised years back that the processing time would be reduced to "six months" in five years by pumping in $500 million.
Despite the pump-in of money, the record reflects that the processing times have moved in reverse direction. The system is seriously clogged! In the announcement, the President emphasized that the
proposed program should not give an unfair advantage to the illegal immigrants over the legal immigrants who have been waiting in a long line of waiting and waiting. The suggestion is admirable that the new immigrant workers should not be pull ahead of other immigrants in the processing queue. Fair enough! What about its impact on the existing backlog, SIR? The President should have answered this question and the proposed immigration reform program should have incorporated this part of reform as the fundamental issue. Since millions of people are expected to benefit from the President's proposal, the President should have worked out the improvement of the immigration system that can accomodate the increasing caseloads of millions on top of the existing backlog.
Arguably, the existing backlog is caused by the need for fight on terrorism and security clearance system. Everyone admits at this point of time that such need may not disappear in the near future.
This reporter wonders what kind of plan the President has to face this issue. Without doubt, the President will ask the Congress to allocate a substantial money to accomodate the increased
caseloads. Would money resolve the issue, though? Many will doubt whether the existing backlog in the immigration system is solely related to the insufficient funds. The immigration system has
already heavily relied on user charge funds and not tax money. There has been no change in the clogged system! This web site wishes to hear from the President his plan for reform of the
management system in parallel with the announced immigration reform plan.
 
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Received Anna Eshoo's letter with Don Neufeld's reply to her

(Orignally posted at Project Ocean thread at CSC forum)

I received a letter from my representative Anna Eshoo (D CA 14th) today.
CSC Director Don Neufeld's letter to her is attached.
-kashmir


Anna Eshoo's letter

January 9, 2004

Mr. (my name)
(my address)

Dear Mr. (my last name),

Thank you for contacting me recently regarding the back-log of the EB I-485 Applications for Adjustment of Status at the California Service Center (CSC). I contacted CSC Director Mr. Donald Neufeld directly in November, 2003, to inquire about the unreasonable delay.

I have received his response and I'm enclosing it for your review. As you can see, these applications are being reviewed continuously. Mr. Neufeld also assures me that the goal of the CSC is to reduce the processing time for these applications to 12 months or less by the end of September 2004. This is definitely a step in the right direction for this new agency that has gone through major restructuring and adjustments due to new security measures. I hope you find this response helpful and informative.

Thank you again for the opportunity to address this issue on your behalf and as always, whenever I may be of assistance to you in the future, just let me know.

Sincerely,
(Anna Eshoo's signature)
Anna G. Eshoo
Member of Congress

Enclosure


Donald Neufeld's letter to Anna Eshoo

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
 
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The reply is very encouraging. I wrote to my conrgessman but got a completely useless canned answer. Maybe I should copy your letter to them so they'll know what a congressman/woman should be like.
 
Nice progress.

however, the same excuse comes again:

approximately 60,000 El Salvadoran applications for Temporary Protected Status (TPS) prior March 9, 2004
after that we could ...blah blah blah...

haven't we seen enough of this last year. everything comes in front of the EB, maybe another excuse comes April...
 
Originally posted by lz25888
Nice progress.

however, the same excuse comes again:

approximately 60,000 El Salvadoran applications for Temporary Protected Status (TPS) prior March 9, 2004
after that we could ...blah blah blah...

haven't we seen enough of this last year. everything comes in front of the EB, maybe another excuse comes April...
Click to expand...

Good point, there were religious worker before October (?) last year; I bet illegal immigrants would be the next priority.
I saw Kashmir were asking Rajiv (in action forum) if we can use the letter as the evidence, and there you go...
 
Re: Similar in nature lawsuit

Originally posted by cinta
Can we find what happened to this lawsuit??

http://www.borderlandnews.com/stories/borderland/20030531-119678.shtml
Click to expand...

interesting. This can be another evidence that they are not "trying to make strides in trying to speed up the process" at all. Because a year later, the process is slower even! Shameless beuracratic talk. We should slap these words on her/his face.

Should let Rajiv know about this.
 
Re: Re: Similar in nature lawsuit

Originally posted by hidden_dragon
interesting. This can be another evidence that they are not "trying to make strides in trying to speed up the process" at all. Because a year later, the process is slower even! Shameless beuracratic talk. We should slap these words on her/his face.

Should let Rajiv know about this.
Click to expand...

He is aware of this already!
 
Here is the reply from the lawyer

I had contacted this lawyer on May 30, last year. Here is his reply

Thank you for contacting our office. Our lawsuit is about immigrants that were accorded lawful status and not granted adequate documentation evidencing their lawful status. The media has incorrectly reported the case as one about delays. While the lawsuit can be expanded to persons outside of Texas who are in the same circumstances, your case presents a different sort of problem: excessive delays in the processing of I-485s. You are not the first to request assistance on this problem. Unfortunately, at this time, we don’t have the resources to do such a case.

Javier N. MaldonadoLawyers' Committee for Civil Rights Under Law of Texas118 Broadway, Suite 502 San Antonio, Texas 78205Tel. No. (210) 277-1603, ext. 307Fax No. (210) 225-3958
jmaldonado@txlawyerscommittee.org
 
Help me here!

Here is my situation.

I send out emails to the local congressman and I recently got a letter from the congressman's office. The letter was from his aide who had asked me give his office a call.

Actually, I am not sure as to what must I do. Its not that my AOS has been pending for ever. In fact, my I-140 is not even approved.

Here is little back ground
+ My organization applied for my labor March 2001
+ Labor Approved - Aug 2001
+ Applied for I-140 - Sept 2001 VSC
+ I-140 Approved - Sept 2001 (in 25 days)
+ Client shutdown the project and had to move from one city to another
+ My company said my Labor was not filed as "Roving" and therefore my application is considered void. I couldnt do anything.
+ An existing labor was found and they applied for I-140.
+ Once again, I moved to a different city and once again, I140 application was abandoned(as per company folks)
+ After lots of begging and asking, new labor was filed in Nov 2002
+ Labor Approved in April 2003.
+ Filed for I140/I-485 concurrently in July 2003.
+ Still waiting...

Let me know what y'all think I must do. Talk to the congressman's aide? Let me know..

Thanks,
 
tchangu



If i were you i would call the office and explain to them what you went through and ask them if they can help.
Explain to them very clearly exactly what happened all the way from the beggining (2001)

can you post the letter you sent your congressman??

I am planning to do the same.

hmd
 
Done

Talked to the congressman's aide. He told me that they have contacted the Liason of the VSC and also someone in Washington. He also told me that such queries are taken very seriously. It was encouraging. Lets all hope that collective action taken by this group member will result in many congressman/senator raising the backlog issue. Just hoping that things will work out OK in Y2K4
 
can you post the letter you sent to congressman office??

if you don't mind which State are you in and which congressman did you contact??


hmd
 
Bill (draft) to amend INA aboutI 5-year residence requiment for Naturalization

(Originally posted at Project Ocean main thread)

I drafted the part of bill to amend INA about Five-Year Requirement for Naturalization.

SEC. 101. DATE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE
(a) Section 245(b) of the Immigration and Nationality Act (8 U.S.C. 1255(b)) is amended by striking "the order of the Attorney General approving the application for the adjustment of status is made" and inserting "the application for the adjustment of status is filed".

SEC. 102. FIVE-YEAR RESIDENCE REQUIREMENT FOR NATURALIZATION
(a) Section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1427(a)(1)) is amended by inserting "after the application for the adjustment of status is filed or" before "after being lawfully admitted for permanent residence".

Here is the background.
Especially, the second part was one of requests in our original petition.
If you have some comment or suggestion, let me know.
Thanks,
-kashmir
 
* * * Sign the petition to support EB I-485 Class Action lawsuit against USCIS * * *

* * * Sign the petition to support EB I-485 Class Action lawsuit against USCIS * * *


I'm one of the plaintiff of the lawsuit filed against USCIS by Law offices of Rajiv Khanna on behalf of ImmigrationPortal.com members, online community and few other employment based I-485 applicants challenging the delays in processing of Employment based I-485 applications.

I request all Employment based I-485 applicants (members of affected class) to Sign the petition to support Employment based I-485 Class Action lawsuit against USCIS.


Request for your support in I-485 litigation


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