Employment based immigration backlog petition

REPLY

1: Premium processing for I-485, even if asked is not feasible due to inter and intra-agency participation. FBI, CIA, State Department, etc.
2: Lack of money and resources is one of the reasons for the backlogs. If one looks and examines more deeply, then it is obvious that the Government has a lot of money. The appropriations for the US CIS are not proportional to the load of work, intead most of it is allocated to the other enforcement branches of DHS. Intra-agency allocation cheats the USCIS. There is no complain as the people in charge are mere "puppets".
3: Security checks: No one doubts that the Security checks are necessary for anti-terrorist and fraud reasons. (I had a thread on "security checks", I will bring it up), as "gambler" mentioned.
However, as I said earlier, not only additional people were never assigned for all these Justice Department (Ashcroft) policies, there is no transparency either nor explanation. the consequence of all these is that WE ARE REGARDED AS GUILTY, until and when they decide that we are not. Here is the problem: You can check me once, you can check me twice, three times, and even have the results valid for 35 days, BUT IN THE MEANTIME WE WANT OUR GCs. We are no different from the other public whether Permanent residents or Citizens. Actually if there are terrorist cells, the chances are they are not in the EB I-485 group. Another point is the constitutionality of all these checks and procedures. This is what the ACLU and other groups started to touch. i.e. a mere example in the whole story: Data in one of the databases.
In this country, you cannot hold or bend certain laws just because you decided there is security risk. There are other constitutional, legal measures to take for that, certainly at no expense to any law-abiding group as we are.

http://www.washingtonpost.com/wp-dyn/articles/A6149-2003Dec16.html

http://www.nytimes.com/2003/12/17/politics/17IMMI.html
 
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Re: My 2 cents

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 ?
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I agree we need security checks for National security reasons, but what I don't understand is the timing. Employment Based Immigrants come to this country many years prior to their 485 filing and they do so anywhere between 3 to 15 years in some cases( ie; on F1, J1, O1, then transfered on to H1/L1) and live here almost that long. If they could not catch a terrorist for this long I dont know how they can do it in 990 to 999 days? If a terrorist in sleeper mode all this years why does he become transperant all of sudden to expose himself to be caught only at the time of I 485 filing? Hope this morons up in Homeland Security
wake up and address the security checks before a person can put his foot on this soil, can do lot better job than harassing us like this.
 
How many applications are pending right now ? A few hundred thousand for EB category . How can one be certain that nothing is going to come up for even one person during the security checks ? And if even one comes up it will be a victory for the system. You dont put alarms and safety equipment in your house just because you think you will be robbed every month. You just put it for that one time - and when it will happen nobody knows (if it happens). Security is more preventive than proactive and that is what USCIS is doing right now.
My feeling is that since we are caught in this transition phase we would have to face the worst. So grit your teeth and hang in there.
Yes we should keep discussing among ourselves and we will find some solution.

On another note, I saw a post whose FP was in 03 and RD was June 02 but still got approved. That puts the FP expiration related to approval theory down the drain.

June 02 RD

Can one of you Gurus put together a thread where we try to enter all the variables associated with an application and then try to figure out whats going on ? Seriously, I dont mind June approvals :) ( I got a RFE) but feel bad about other people who are waiting
 
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Backlogs

Guys,

They can do all the Security Checks in the world, but with additional money and people. Adjudication should be at least as important.
The Department of Labor can find proposed solutions for their own mess/backlogs. Why don't they do security checks at that level?? or do they?
Eventually, this will WORSEN the EB-I485 Backlog problem, especially with the I-140/I-485 concurrent processing.

http://www.ilw.com/immigrants/weekly/

The Department of Labor, Employment and Training Administration (DOL/ETA) recently solicited proposals to select a contractor to provide operations support to ETA's Division of Foreign Labor Certification in order to eliminate the current backlog. The Request for Proposal sheds insight into the changes that lay ahead in the Division of Foreign Labor Certification, ..........
 
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Originally posted by gambler
How many applications are pending right now ? A few hundred thousand for EB category . How can one be certain that nothing is going to come up for even one person during the security checks ? And if even one comes up it will be a victory for the system. You dont put alarms and safety equipment in your house just because you think you will be robbed every month. You just put it for that one time - and when it will happen nobody knows (if it happens). Security is more preventive than proactive and that is what USCIS is doing right now.
My feeling is that since we are caught in this transition phase we would have to face the worst. So grit your teeth and hang in there.
Yes we should keep discussing among ourselves and we will find some solution.

On another note, I saw a post whose FP was in 03 and RD was June 02 but still got approved. That puts the FP expiration related to approval theory down the drain.

June 02 RD

Can one of you Gurus put together a thread where we try to enter all the variables associated with an application and then try to figure out whats going on ? Seriously, I dont mind June approvals :) ( I got a RFE) but feel bad about other people who are waiting
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gambler,

Do a favor to myself and a lot of other members in this forum. Stop excusing the system. We are not wrong, the system is by overextending its boundaries right and left. As I said multiple times before, let them do their security checks, BUT not at the expense of adjudication and our human and civil rights (and I am not going to list them here!). From your post, you are trying to prove wrong all that SUED the government including the ACLU, Immigrant groups, etc), or the delays maybe of no impact to you. One thing to never forget: You have the right to a timely adjudication of your application (LC, I-140, I-485, Visas, GC, Citizenship, etc)and if not provided you have a choice: Do something about it, or do nothing about it. In either case, DO NOT EXCUSE THE SYSTEM.

A lot was written about the abuse and the compromise of civil liberties by the immigration policies: Start with the link:

http://www.migrationpolicy.org/news/2003_11_17.html
 
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I totally agree with cinta.
-kashmir
Originally posted by cinta
gambler,

Do a favor to myself and a lot of other members in this forum. Stop excusing the system. We are not wrong, the system is by overextending its boundaries right and left. As I said multiple times before, let them do their security checks, BUT not at the expense of adjudication and our human and civil rights (and I am not going to list them here!). From your post, you are trying to prove wrong all that SUED the government including the ACLU, Immigrant groups, etc), or the delays maybe of no impact to you. One thing to never forget: You have the right to a timely adjudication of your application (LC, I-140, I-485, Visas, GC, Citizenship, etc)and if not provided you have a choice: Do something about it, or do nothing about it. In either case, DO NOT EXCUSE THE SYSTEM.

A lot was written about the abuse and the compromise of civil liberties by the immigration policies: Start with the link:

http://www.migrationpolicy.org/news/2003_11_17.html
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USCIS is Guilty

Guys ,
USCIS is willfully neglecting the I485 adjudication process. What ever reasons they are coming up, are all silly excuses which we can easily expose(to be wrong) in a court.
Gambler,
What securty checks are you talking about ? Do you think a terrorist will only start acting if gets a GC :p ? If they (USA) ask all of us to go back to our countries during AOS period then it makes sense to say that they can't give GC till one's security check is cleared. But here we are, having EAD to do any job (atleast part time), having AP (to go anywhere) , a valid DL to drive any vehicle, a house (to provide accommodation to whom everwe like), excellent job and salary to go where ever we want and spend what ever way we want. In a nut shell, we are enjoying all the freedom that an American citizen enjoys. We are only not allowed to vote and work for federal agencies. If thier intension is prevent us from working for federal agencies, then they should pass a rule that any one who wants to apply for a federal job needs security clearance. I guess this rule is already in place. So what are they preventing by delaying issue of GC to us ? They are only preventing JUSTICE to us . And they are calling this as preventing Terrorists. I hope you got the point.

140_takes_4ever,
you are wrong that the court can't ask US government to allott more money towards immigration services. Do you want the courts to believe that this country does not have enough money to process our applications ? It's a horrible lie this USCIS is telling us and we can very easily expose that. Where there is a will, there is a way (where there is no will, there is no way :( )
 
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Originally posted by 140_takes_4ever
I don't!

I don't think gambler was trying to "Excuse the system", he was just trying to explain the situation the way he understands it. His explanation is not that far off the mark from the way Americans feel about immigration and how to deal with it.

I think Cinta's point is a little too radical and emotional. Not that I am for these delays, nor in any ways am I trying to justify them, but calling the delay an abuse of Human Rights is a little too ripe. Even if it is an abuse of Human Rights, it comes down to a matter of Degree's. Exactly how much of your human rights are abused? According to INS and the Congressmen/women we have spoken too, they are of the opinion that as long as we can live and work legally, without fear of deportation, etc. we are okay.

My reason behind working for speedy backlog reduction is that if we don't do something now, the delays will be horrible later on, where it could actually be a human rights issue. But as of right now, I don't think a delay of 2 years is that much out of the ordinary. Take a look at historic trends and you will see that 2000 was the aberation. You cannot take the aberation and make it a rule! There are too many considerations of Money, or the lack off, for immigration to be a top priority, regardless of what Mr. Cinta or we feel, the US government is not obligated to give him or us a green card.

It is not that I don't feel your pain over adjudication being the step child when it comes to budget appropriations, but it is ludicrous to expect us to tell the Federal government how to budget its funds. If that was the case, I would like my tax dollars to be not spent in Iraq!

And as far as muzzling the voice of a forum member, c'mon!
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Are you spokesman for "gambler"? Why don't you post YOUR opinion only instead? I would say, believe always what your Congressman tells you and give him/her KISSES and candy. I am not doing that ! Secondly, you need to study more the whole thing from all angles and then we can discuss it in this forum or anywhere else. Could you also tell us something about your background so we can weigh your views accordingly. Please do not call somebody "radical", etc just because you are ignorant.
 
ANSWER

Originally posted by 140_takes_4ever
WHAT? You are bloody hilarious! I thought this is a forum where people speak what is on their minds. I don't need to be a "spokesman" for ANYONE! Nor do I need your permission to say what is on my MIND! As far as studying things from different prespectives, I think that advice would be more useful for you. I don't think you are looking at all the angles, instead you are looking at it from a "self righteous" point of view. Wake up! The matters that are important to you are NOT necessarily what is important to the government.

And as far as my ignorance is concerned, I may be ignorant but I am not stupid! And I am pretty capable of analyzing the problems on my own and don't need you or anyone else for the matter of fact to help me understand the various options.

I am aware of the problem of backlogs and am working as hard as anyone on this forum to solve them, but spreading mis-information or wrong hopes is wrong, and if I think that you are doing so, I will call you on it. If you don't like it, DON'T READ it!
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That is exactly why you are getting the ANSWERS. You are appeasing people intead of educating them.
I suggest you do not post ANYTHING that is on your MIND. You may think that you are helping the CAUSE but the outcome may indeed be different. Stick to the points, instead of trying to educate US (ME).
Chances are we are older, wiser, being there, done that multiple times. We spent a lot of time, analyzing the LAWSUITS, the Government branches and all so any attempt to educate us is futile.
Are you with us in the lawsuit? Yes, or No.
DO you know your CIVIL RIGHTS in this country? If not, OTHERS know them and fight for them.
Have you read what the Director is is saying about Backlogs and the Security checks? Do you agree with him or you are with US?
Did you read what AILA president said about RE_ADJUDICATION? Do you agree or not?
Did you read what the MPI Co-director answered back about ALL THESE PROBLEMS? Do you agree or NOT?
Did you read the HSA2002.pdf, whicjh is an ACT and specifically Sections 458, 452, etc?
Was Feinstein right in putting the Backlogs in the Senate from 2001?
Is GAO right in their several reports?
Are Security checks used as an EXCUSE? Yes or NO.
Why the Government isn't doing the same policy across all agencies like DOL wrt Backlogs?
Do you want your GC in a timely fashion? Yes or No.
Do you agree with what Rajiv is exploring?
Do you agree with all the recent ACLU and others Lawsuits wrt Immigration matters?
Do you agree that things changed post 09/11 to the worse with immigrants paying the price?
These are the kinds of questions that you should be thinking about. Not criticizing people.
Finally would you tell us what you have achieved so far in this global fight and what the direction should be according to your mind?

On a personal note, I have no personal agenda. I did it ALL without a GC. I have a secure job working for a DEFENSE contactor and I am irreplacable. What I am doing is for the GENERAL cause and any benefits that might arise. It is simply for JUSTICE. I challenged the SYSTEM multiple times before, whether it is the Immigration lawyer, the Company Lawyer, my Managers, the PA DL Department, to name a few; and I paid the price in more ways than one.
So I suggest that you take the issues one by one and express your opinion. If we do not agree you will get an answer again. We faced GIANTS before, so we are not fearful.
 
Cool Down

Cinta and 140_takes_4ever,
Please make sure that you don't get personal in your posts. I don't want to say who did it first. Let bygone be bygone. Both of you are very important members in the forum and let's forget about our differences and debate healthily.

140_takes_4ever,
I was very serious about what i said. You and i can't predict what the court can finally rule, but we have some assumptions and my assumption is that if we prove that USCIS is not correct when it says that it does not have money and that is the cause of the backlog, then i believe that courts can ask the government why they are not allocating enough money for this purpose. So the ball will goto Government's court. I am not sure if USCIS will invite a fight with Federal government. It simply can't pass the blame onto the government. If they go by that arguments (lack of funds is the reasdon), then they need to submit all the documents that prove that they have asked for more money. If they do so we can then question the federal government (DOH) why they haven't allocated enough funds. They can't say that they can't allocate enough funds for immigration benefits because they have to spend a lot on immigration enforcement. If they say that then they are acknowledging that they are not giving enough importance to immigration services. This is exactly what we are saying. So they will be in our trap. The question is not if they have enough funds or not, but if they give enough importance or not . We are not expecting the courts to tell congress about how to allott budgets. I agree that congress is superior to courts. But the courts can definitely say that the defendant has not given any importance to address the backlog issue and it is not acceptable. The court can ask the defendant to come present an action plan to it within certain time period to reduce the backlog and also address the concerns of plaintiffs immediately. Then the ball starts rolling. That's my guess.
 
Re: Cool Down

Originally posted by dsatish
Cinta and 140_takes_4ever,
Please make sure that you don't get personal in your posts. I don't want to say who did it first. Let bygone be bygone. Both of you are very important members in the forum and let's forget about our differences and debate healthily.

140_takes_4ever,
I was very serious about what i said. You and i can't predict what the court can finally rule, but we have some assumptions and my assumption is that if we prove that USCIS is not correct when it says that it does not have money and that is the cause of the backlog, then i believe that courts can ask the government why they are not allocating enough money for this purpose. So the ball will goto Government's court. I am not sure if USCIS will invite a fight with Federal government. It simply can't pass the blame onto the government. If they go by that arguments (lack of funds is the reasdon), then they need to submit all the documents that prove that they have asked for more money. If they do so we can then question the federal government (DOH) why they haven't allocated enough funds. They can't say that they can't allocate enough funds for immigration benefits because they have to spend a lot on immigration enforcement. If they say that then they are acknowledging that they are not giving enough importance to immigration services. This is exactly what we are saying. So they will be in our trap. The question is not if they have enough funds or not, but if they give enough importance or not . We are not expecting the courts to tell congress about how to allott budgets. I agree that congress is superior to courts. But the courts can definitely say that the defendant has not given any importance to address the backlog issue and it is not acceptable. The court can ask the defendant to come present an action plan to it within certain time period to reduce the backlog and also address the concerns of plaintiffs immediately. Then the ball starts rolling. That's my guess.
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dsatish,

Your first paragraph is parental advice man! No need.
Your second paragraph shows real evolution. You are almost there, capturing the essence of it all.
In this respect, you are an EXAMPLE to be followed by others.
 
ANOTHER ANSWER

Originally posted by 140_takes_4ever
Interesting demagogue, I don't need to justify ANYTHING to you, I have been working on this issue enough over the past few months, and if my position on these issues have not been clarified with all my posts, then nothing I say will do the trick.

So I am just going to answer the questions I think pertinent.

What I have achieved to far: Awareness of the backlog petition amongst numerous people, and hopefully inspired a few into joining our fight for backlog reduction.

What direction we should move in: A multi proged strategy, with constant pressure on legislative leaders via the fax, town meetings, and personal interaction strong lawsuit to alleviate the suffering of AOS applicants (viz. Unlimited EAD/AP for the duration of AOS process, action plan to reduce backlog as specified by the law by 2006, draw attention to our valid demands of speedy resolution). Backing it all up with legal lobbying and/or media interviews.

As far as "We faced GIANTS before", it sounds extremely corny, much like a dialog in a C grade hollywood movie. We are not children and neither are we uneducated peasants. There is no need for those grandiose statements. Statements made with logical and factual accuracies will go much further in proving your point of view.

It is my belief from your current and past postings that you are too emotional about the situation, which tends to cloud your judgement as far as INS, government and the law is concerned. And I don't see why you should oppose my freedom to post. I don't ask you to stop posting your view points and it is my right to post what I believe in, why is that so difficult for you to swallow? If calling you a radical was offensive to you, and deemed as a personal attack, then I will appologise for the grief, but not for my beliefs. It is not that you are not on the right track, just that you go over board on issues.

So if you have something that is not incendiary, state it and you will receive your rebuttal, if it is more of the above specious argument, it will be ignored.
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It is preferable to ANSWER ALL the questions so myself and others get the picture. I have not seen any RESULTS from your fights so far. Your statements on issues are SIMPLY FLAWED, they are not RIGHT. At least GET THIS. Here is a sample of what you posted earlier.
I don't think a delay of 2
years is that much out of the ordinary. Take a look at historic trends and you will see that 2000 was the
aberation. You cannot take the aberation and make it a rule! There are too many considerations of Money, or
the lack off, for immigration to be a top priority, regardless of what Mr. Cinta or we feel, the US government is
not obligated to give him or us a green card.

There are laws that say the Backlogs need to be reduced IN ONE YEAR FROM THE ACT.
The US GOVERNMENT IS OBLIGATED TO OFFER IMMIGRANT BENEFITS according to the LAWS IN A TIMELY FASHION.
As far as personal comments: I had my name, my company and the cause in the FRONT PAGE of a national newspaper, and posted it on this forum also. I am not hiding anything nor bullshitting..O.K.?
 
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