Let me finish. Then we can go over it all in detail.
Employment based immigration backlog petition
- Thread starter Edison
- Start date
Let me finish. Then we can go over it all in detail.
Here is the draft copy
Hi Every One,
At last the wait seems to be over. Rajiv has sent me the final draft by Email and asked me to post it. I am posting it. I am also attaching the copy that he has sent me. I haven't reviewed it yet. Just now saw my Email and posting it here straight. Let's review it today.
----------------------------------------------------------------------
To,
Mr Prakash Khatri
Citizenship and Immigration- Ombudsman
Dept of Homeland Security.
Subject : Request for addressing the backlog for Employment based I-485 applications (Application to Adjust to Permanent Residency) and related issues.
Dear Mr. Khatri:
We are a community of immigrants and immigration benefits applicants congregating at http://www.immigrationportal.com. Currently, we number over 67,000 registered members and approximately five times as many unregistered participants. Accordingly, we are the largest immigration community in the world.
We would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. Our community has long awaited means for effective communication with the BCIS (erstwhile INS). Your appointment gives us much hope.
Specifically, we want to draw your attention to the excruciatingly slow progress of our I-485 applications at California, Nebraska, Texas and Vermont Service centers.
Please consider the following submissions.
The Processing Delays :
Until 2002, in most of the service centers (except Texas service center ) Legacy INS’ decision on the employment based I485 applications used to take less than one year. But with the introduction of additional security checks, the I485 application processing time has now increased to more than 19 months at all the service centers, with Texas Service Center taking more than 2 years. What is alarming is, the processing time delays are worsening each month.
Note also that these delays are further exacerbated and extended by several months to several years if the I-485 application gets transferred to a local BCIS office.
Our Hardships :
This severe processing delay is affecting our lives enormously. We cannot be sure of our future. We cannot take vital decisions in our lives including marriage, home ownership, children’s education – to name just a few. The frustration and uncertainty affects every aspect of our lives and careers.
Our Contribution to America :
We have all provided our dedicated efforts to this country when it was in dire need of specialty workers. The persons behind this petition include world renowned scientists, highly skilled computer experts, innovators, physicians, teachers etc. We are playing an important role in making the American corporations establish and maintain their leadership in US and global markets. We are now an integral part of almost every major American Corporation. Our continued presence is critically important for the growth of American business and the American Economy. While pursuing our American dream, we will continue to contribute towards making this country continue to lead the world technologically and economically.
President Bush's promise :
President Bush made a pledge to reduce the Immigration and Citizenship processing times for all types of applications to less than 180 days when he was elected. While we understand the practical difficulties being faced by BCIS, we feel that no serious effort is being made by BCIS to reduce the processing time of Employment based I485 applications, to less than 1 year. If BCIS does not take the necessary bold and decisive steps now, soon the processing times will reach 36 months or more.
Our Suggestions:
We request you to help us make our voice heard at BCIS. Some of our immediate suggestions are:
1. Increase the priority and resources given to process Employment Based I485 applications.
2. Automate / improve the Name check and Security check procedures.
3. Automate the overall approval process.
4. Increase the validity period of Finger Printing from the current 15 months.
5. Eliminate need for EAD and Advance Parole renewal for employment based cases. Instead of renewing every year, these can be given until a decision has been made on the pending I485 petition.
6. Better Customer Service over phone. We should be able to know the exact status
of our applications and how to remedy any problems.
7. Initiation of a special backlog reduction drive for Employment based I485
applications. It should be taken up as a priority project.
8. Allot some adjudicators to exclusively work on old cases (those that have Receipt
date prior to the current processing month, but not yet approved). This would help alleviate disparity in the processing periods. People who have applied in 2002 have been accorded their I485 approvals, whence persons who applied in 2000 or 2001 are still waiting for BCIS’s responses.
9. Conditional approval for cases where BCIS did not get final results of Name or
Security check.
10. Give higher priority to cases transferred to local BCIS offices. Currently, at many places, it is taking from 3 months to 1 year just to schedule an interview. 11. Finally, please get back to us with what BCIS is going to do on these suggestions. Any recommendations or guidelines for our approach will be eagerly followed.
We request you to discuss all the above issues with senior BCIS officials. Kindly inform us of the decisions taken. Your communication can be addressed to the Law Offices of Rajiv S. Khanna, PC, 5225 N. Wilson Blvd., Arlington, VA 22205. This office has consented in updating all of us upon your response.
We perceive in you a real opportunity for us to be heard on our collective issues. Please assist us.
Thanking you
Signed
Employment based I485 Applicants and Sympathizers
Attachments
Appendix A : Explanation of Suggested Solutions
Hi Every One,
At last the wait seems to be over. Rajiv has sent me the final draft by Email and asked me to post it. I am posting it. I am also attaching the copy that he has sent me. I haven't reviewed it yet. Just now saw my Email and posting it here straight. Let's review it today.
----------------------------------------------------------------------
To,
Mr Prakash Khatri
Citizenship and Immigration- Ombudsman
Dept of Homeland Security.
Subject : Request for addressing the backlog for Employment based I-485 applications (Application to Adjust to Permanent Residency) and related issues.
Dear Mr. Khatri:
We are a community of immigrants and immigration benefits applicants congregating at http://www.immigrationportal.com. Currently, we number over 67,000 registered members and approximately five times as many unregistered participants. Accordingly, we are the largest immigration community in the world.
We would like to congratulate you on your appointment as the Citizenship and Immigration Ombudsman at Department of Homeland security. Our community has long awaited means for effective communication with the BCIS (erstwhile INS). Your appointment gives us much hope.
Specifically, we want to draw your attention to the excruciatingly slow progress of our I-485 applications at California, Nebraska, Texas and Vermont Service centers.
Please consider the following submissions.
The Processing Delays :
Until 2002, in most of the service centers (except Texas service center ) Legacy INS’ decision on the employment based I485 applications used to take less than one year. But with the introduction of additional security checks, the I485 application processing time has now increased to more than 19 months at all the service centers, with Texas Service Center taking more than 2 years. What is alarming is, the processing time delays are worsening each month.
Note also that these delays are further exacerbated and extended by several months to several years if the I-485 application gets transferred to a local BCIS office.
Our Hardships :
This severe processing delay is affecting our lives enormously. We cannot be sure of our future. We cannot take vital decisions in our lives including marriage, home ownership, children’s education – to name just a few. The frustration and uncertainty affects every aspect of our lives and careers.
Our Contribution to America :
We have all provided our dedicated efforts to this country when it was in dire need of specialty workers. The persons behind this petition include world renowned scientists, highly skilled computer experts, innovators, physicians, teachers etc. We are playing an important role in making the American corporations establish and maintain their leadership in US and global markets. We are now an integral part of almost every major American Corporation. Our continued presence is critically important for the growth of American business and the American Economy. While pursuing our American dream, we will continue to contribute towards making this country continue to lead the world technologically and economically.
President Bush's promise :
President Bush made a pledge to reduce the Immigration and Citizenship processing times for all types of applications to less than 180 days when he was elected. While we understand the practical difficulties being faced by BCIS, we feel that no serious effort is being made by BCIS to reduce the processing time of Employment based I485 applications, to less than 1 year. If BCIS does not take the necessary bold and decisive steps now, soon the processing times will reach 36 months or more.
Our Suggestions:
We request you to help us make our voice heard at BCIS. Some of our immediate suggestions are:
1. Increase the priority and resources given to process Employment Based I485 applications.
2. Automate / improve the Name check and Security check procedures.
3. Automate the overall approval process.
4. Increase the validity period of Finger Printing from the current 15 months.
5. Eliminate need for EAD and Advance Parole renewal for employment based cases. Instead of renewing every year, these can be given until a decision has been made on the pending I485 petition.
6. Better Customer Service over phone. We should be able to know the exact status
of our applications and how to remedy any problems.
7. Initiation of a special backlog reduction drive for Employment based I485
applications. It should be taken up as a priority project.
8. Allot some adjudicators to exclusively work on old cases (those that have Receipt
date prior to the current processing month, but not yet approved). This would help alleviate disparity in the processing periods. People who have applied in 2002 have been accorded their I485 approvals, whence persons who applied in 2000 or 2001 are still waiting for BCIS’s responses.
9. Conditional approval for cases where BCIS did not get final results of Name or
Security check.
10. Give higher priority to cases transferred to local BCIS offices. Currently, at many places, it is taking from 3 months to 1 year just to schedule an interview. 11. Finally, please get back to us with what BCIS is going to do on these suggestions. Any recommendations or guidelines for our approach will be eagerly followed.
We request you to discuss all the above issues with senior BCIS officials. Kindly inform us of the decisions taken. Your communication can be addressed to the Law Offices of Rajiv S. Khanna, PC, 5225 N. Wilson Blvd., Arlington, VA 22205. This office has consented in updating all of us upon your response.
We perceive in you a real opportunity for us to be heard on our collective issues. Please assist us.
Thanking you
Signed
Employment based I485 Applicants and Sympathizers
Attachments
Appendix A : Explanation of Suggested Solutions
Last edited by a moderator:
Appendix
I have to post it separately because i was unable to post it along with the main letter because there is a limitation here that the message could not exceed 10000 characters.
--------------------------------------------------------
Appendix A
---------------
Explanation of Suggested Solutions
1. Give higher priority to Employment Based I485 applications :
It is obvious that when Legacy INS/BCIS prioritizes any processing tasks,
Employment Based I485 applications suffer. Some of these priority tasks include TPS, Religious workers cases, Asylee cases, etc. While we appreciate the urgency attached to these tasks, BCIS should not do this at the expense of EB I-485 applications. On an average each of us has been living in this country for more than 6 years. We have been working hard, paying our share of Taxes and making intellectual as well as monetary contribution to the system. We feel that BCIS is, despite all evidence to the contrary, treating us as irrelevant or less important immigrant group.
2. Automate the Name check and Security check :
Name check and security check processes should be fully automated. If BCIS currently has an automated system, then improvements should be made to these processes so that they work more efficiently. Also the applicants should have a phone number/facsimile/e-mail where they may obtain the status of their Name check and Security check processing.
3. Automating the overall approval process :
After an applicant is finger printed, the applications just languish in the queue for their turn to be picked up by an officer. The application remains in this idle state for more than a year. This is attributed mainly to high application volume, shortage of staff, delays in security check etc. We understand these practical constraints and hence we feel that the only solution, without involving new legislation, is to automate the process. The I485 application approval process should be automated so that all the applicants who passed the Name check, Security Check and Medical Check, will automatically get approved. This will reduce the processing time to less than 1 year. The medical exam results should also be automated. BCIS should modify the Medical examination form so that the Doctor will check one of the following options : Pass (or) fail. All the applications with the pass option should be eligible for automatic approval. Only those applications that failed in either name check, Medical check or Security check, should be handled manually.
4. Implement the increased validity period of Finger Printing :
Many service centers, despite instructions from BCIS HQ to the contrary, keep sending fingerprinting notices after 15 months under the assumption that fingerprints expire after 15 months. That is no longer the BCIS policy. Service Centers should be educated and the new policy implemented permitting fingerprints to remain unexpired through pendency of I-485.
5. Eliminate need for EAD and AP renewal :
The EAD renewal is severely affecting the I485 processing because this is of higher priority. BCIS should think of suitable strategies so that there would not be any need for EAD renewal. One of the suggestions is to automate the approval process. Determine the priority of the EAD application when it is received. If it is a first time EAD, then work on it only if the H1B visa expires very soon. Otherwise, it should be set for automatic approval after 5 or 6 months. If it is a renewal application, then it should be set for automatic approval 45 days before the expiration of the current EAD.
6. Improved Customer Service :
The current customer service over phone is not satisfactory. We are not getting any information about what happened to our applications. The “information providers” just note down our questions and state that they will send us a written notification within 4 weeks. Most of the time these written notices contain the same matter as published on the online status web page. They do not give any details about what is causing the delay in approval and they do not tell us when we can expect the approval. The cover of uncertainty and mystery should be removed from the process and BCIS should provide more transparent and more efficient customer service, both online and over the phone. BCIS should assign some officers who can look into cases that are in pending status for more than 2 months due to the same reason (name check or security check reports etc). Customer Service person should direct all those calls to these officers.
7. Initiate Backlog reduction drive :
BCIS should make an action plan to reduce the backlog of Employment based I485 cases. The action plan should have defined milestones, it should be transparent and it should be effective. BCIS should dedicate one or two months in near future, for Employment based I485 cases (Example : BCIS declares December’2003 as a month dedicated to reducing the backlogs of EB I485 applications).
This is especially required because BCIS has never given priority to our cases in the recent past, where every other type of cases (Religious, TPS, Asylee) was given higher priority and processed in a timely manner.
8. Clearing the Old (long delayed) cases :
Currently there are many instances where BCIS is processing the applications received in a particular month, where as thousands of applicants of previous months are not approved. BCIS should seriously address this issue. We suggest that BCIS should allocate some adjudicators to exclusively work on the old cases.
Also BCIS should improve their systems so that they can get to know when they receive some update on an old (pending) case. Currently it appears that the adjudicators are not getting any signals when a particular pending case (pending due to name or security check ) receives the required information from other systems or applicants.
9. Conditional Approval of I485 :
If for a given application, BCIS could not get any reply from FBI or CIA within a reasonable time (say 2 months), then BCIS should approve that application with a condition that if they receive any negative report on the candidate, he will be called for interview and the Greencard can be revoked. This will put an end to endless waiting suffered by some applicants due to resource problems at other security agencies. Alternately if BCIS thinks that this is not feasible due to strict security guidelines, than they should at least introduce some procedure where they conditionally approve a candidate and update the website saying that “this case is conditionally approved, pending security check. The approval letter will be sent after getting the security report”. This idea can have multiple benefits. It frees the applicants from employment bondage, which is their main problem. Secondly, it improves the processing time and helps in reducing the backlog.
10. Feedback on this petition and above requests :
We request BCIS to get back to us through a public statement about what actions they are planning to take to reduce the backlog for Employment based I485 applications.
We further request that we should be provided a detailed statement of I-485 adjudication workflow (much of which is enshrouded in impenetrable mystery).
I have to post it separately because i was unable to post it along with the main letter because there is a limitation here that the message could not exceed 10000 characters.
--------------------------------------------------------
Appendix A
---------------
Explanation of Suggested Solutions
1. Give higher priority to Employment Based I485 applications :
It is obvious that when Legacy INS/BCIS prioritizes any processing tasks,
Employment Based I485 applications suffer. Some of these priority tasks include TPS, Religious workers cases, Asylee cases, etc. While we appreciate the urgency attached to these tasks, BCIS should not do this at the expense of EB I-485 applications. On an average each of us has been living in this country for more than 6 years. We have been working hard, paying our share of Taxes and making intellectual as well as monetary contribution to the system. We feel that BCIS is, despite all evidence to the contrary, treating us as irrelevant or less important immigrant group.
2. Automate the Name check and Security check :
Name check and security check processes should be fully automated. If BCIS currently has an automated system, then improvements should be made to these processes so that they work more efficiently. Also the applicants should have a phone number/facsimile/e-mail where they may obtain the status of their Name check and Security check processing.
3. Automating the overall approval process :
After an applicant is finger printed, the applications just languish in the queue for their turn to be picked up by an officer. The application remains in this idle state for more than a year. This is attributed mainly to high application volume, shortage of staff, delays in security check etc. We understand these practical constraints and hence we feel that the only solution, without involving new legislation, is to automate the process. The I485 application approval process should be automated so that all the applicants who passed the Name check, Security Check and Medical Check, will automatically get approved. This will reduce the processing time to less than 1 year. The medical exam results should also be automated. BCIS should modify the Medical examination form so that the Doctor will check one of the following options : Pass (or) fail. All the applications with the pass option should be eligible for automatic approval. Only those applications that failed in either name check, Medical check or Security check, should be handled manually.
4. Implement the increased validity period of Finger Printing :
Many service centers, despite instructions from BCIS HQ to the contrary, keep sending fingerprinting notices after 15 months under the assumption that fingerprints expire after 15 months. That is no longer the BCIS policy. Service Centers should be educated and the new policy implemented permitting fingerprints to remain unexpired through pendency of I-485.
5. Eliminate need for EAD and AP renewal :
The EAD renewal is severely affecting the I485 processing because this is of higher priority. BCIS should think of suitable strategies so that there would not be any need for EAD renewal. One of the suggestions is to automate the approval process. Determine the priority of the EAD application when it is received. If it is a first time EAD, then work on it only if the H1B visa expires very soon. Otherwise, it should be set for automatic approval after 5 or 6 months. If it is a renewal application, then it should be set for automatic approval 45 days before the expiration of the current EAD.
6. Improved Customer Service :
The current customer service over phone is not satisfactory. We are not getting any information about what happened to our applications. The “information providers” just note down our questions and state that they will send us a written notification within 4 weeks. Most of the time these written notices contain the same matter as published on the online status web page. They do not give any details about what is causing the delay in approval and they do not tell us when we can expect the approval. The cover of uncertainty and mystery should be removed from the process and BCIS should provide more transparent and more efficient customer service, both online and over the phone. BCIS should assign some officers who can look into cases that are in pending status for more than 2 months due to the same reason (name check or security check reports etc). Customer Service person should direct all those calls to these officers.
7. Initiate Backlog reduction drive :
BCIS should make an action plan to reduce the backlog of Employment based I485 cases. The action plan should have defined milestones, it should be transparent and it should be effective. BCIS should dedicate one or two months in near future, for Employment based I485 cases (Example : BCIS declares December’2003 as a month dedicated to reducing the backlogs of EB I485 applications).
This is especially required because BCIS has never given priority to our cases in the recent past, where every other type of cases (Religious, TPS, Asylee) was given higher priority and processed in a timely manner.
8. Clearing the Old (long delayed) cases :
Currently there are many instances where BCIS is processing the applications received in a particular month, where as thousands of applicants of previous months are not approved. BCIS should seriously address this issue. We suggest that BCIS should allocate some adjudicators to exclusively work on the old cases.
Also BCIS should improve their systems so that they can get to know when they receive some update on an old (pending) case. Currently it appears that the adjudicators are not getting any signals when a particular pending case (pending due to name or security check ) receives the required information from other systems or applicants.
9. Conditional Approval of I485 :
If for a given application, BCIS could not get any reply from FBI or CIA within a reasonable time (say 2 months), then BCIS should approve that application with a condition that if they receive any negative report on the candidate, he will be called for interview and the Greencard can be revoked. This will put an end to endless waiting suffered by some applicants due to resource problems at other security agencies. Alternately if BCIS thinks that this is not feasible due to strict security guidelines, than they should at least introduce some procedure where they conditionally approve a candidate and update the website saying that “this case is conditionally approved, pending security check. The approval letter will be sent after getting the security report”. This idea can have multiple benefits. It frees the applicants from employment bondage, which is their main problem. Secondly, it improves the processing time and helps in reducing the backlog.
10. Feedback on this petition and above requests :
We request BCIS to get back to us through a public statement about what actions they are planning to take to reduce the backlog for Employment based I485 applications.
We further request that we should be provided a detailed statement of I-485 adjudication workflow (much of which is enshrouded in impenetrable mystery).
Last edited by a moderator:
ar888,
To Err is human. After all it's our petition, and we definitely have the responsibility of taking one complete look for any typo errors
or content errors. I agree the need for urgency and i would definitely be happy if we put a PERIOD to this petition by end of today and start collecting signatures from tomorrow.
To others,
Should we just host this petition on this website or shall we do it on sulekha.com also ? Any other thoughts ?
To Err is human. After all it's our petition, and we definitely have the responsibility of taking one complete look for any typo errors
or content errors. I agree the need for urgency and i would definitely be happy if we put a PERIOD to this petition by end of today and start collecting signatures from tomorrow.
To others,
Should we just host this petition on this website or shall we do it on sulekha.com also ? Any other thoughts ?
Rajiv's draft looks real good.
In Appendix A,
point 4 has a typo. 'Manny service centers' instead of 'Many'
Point 5 title says 'Eliminate need for EAD and AP renewal:'
But the last sentence says 'If it is a renewal application, then it should be set for automatic approval 45 days before the expiration of the current EAD.'
The above line seems to contradict the title. When EAD and AP renewal are eliminated, why should there be a renewal application?
In Appendix A,
point 4 has a typo. 'Manny service centers' instead of 'Many'
Point 5 title says 'Eliminate need for EAD and AP renewal:'
But the last sentence says 'If it is a renewal application, then it should be set for automatic approval 45 days before the expiration of the current EAD.'
The above line seems to contradict the title. When EAD and AP renewal are eliminated, why should there be a renewal application?
2003 may be a valid statement
dsatish,
Although we don't see many on this board, it could be true some 2003 cases have been approved (you never know BCIS). They may be other categories (may even include some EB cases).
If this is true, it makes BCIS more "guilty" and our petition stronger.
Everyone, please elaborate if you do know some 2003 cases were approved (whatever category).
dsatish,
Although we don't see many on this board, it could be true some 2003 cases have been approved (you never know BCIS). They may be other categories (may even include some EB cases).
If this is true, it makes BCIS more "guilty" and our petition stronger.
Everyone, please elaborate if you do know some 2003 cases were approved (whatever category).