Food for thought and action

T

TortFeasor

Registered Users (C)
Ladies and Gents:

There has been a number of discussions in this forum regarding the rather lackadaisical and devil-may-care pace the INS has been processing our requests for the refugee travel document (RTD). This issue affects both asylees that are awaiting adjustments of status as well as permanent residents who have adjusted from asylee or refugee status. Without commenting on whether using or renewing national passports is a good strategy (the consensus being that every one should weigh the factors on a case by case basis), I think we should brainstorm and strategize as to whether we should consider administrative processes (demand for internal bureaucratic change) and/or legal action (ala the Ngwanyia v. Ashcroft variety) to demand the following:

1. The INS should process RTD applications in an expedited process (at least in the same manner/time-frame as it processes employment authorization documents (EAD).

2. The validity of RTDs should be for a longer duration. The "Green" Card (which if you have noticed is not green!) is valid for ten years, therefore why cannot the RTD be valid for at least five years?

3. Processing RTDs in an expedited and reasonable time-frame should be part of INS's long-trumpeted back-log elimination project.

In addition to basic notions of fairness and due process, the basis for our case is that we should be afforded our constitutional right to freedom of international travel. The Bill of Rights to the United States Constitution has been interpreted by the Supreme Court to apply to all "persons" who reside in this country legally. Some rights are actually so fundamental that they are deemed to apply to even undocumented persons. By unduly prolonging and fumbling the process to issue RTDs, the INS is infringing on:

-- our freedom to international travel, free from unreasonable hindrances and restrictions (note that the Supreme Court has found freedom to domestic travel is more fundamental than international travel, even for citizens. But still international travel is a protected freedom that cannot be abridged arbitrarily);

-- our fundamental freedom to earn a livelihood, if some of us will have to travel as part of our professional endeavors; and

-- the treaty obligations of the United States to afford reasonable travel documents (within a reasonable time) under the 1967 Protocol Relating to the Status of Refugees.

I can hear the two knee-jerk reactions that may be sent our way: (1) "9/11 changed everything"; and (2) even more interesting "our machine can only process one year approvals" [Believe it or not, Ashcroft's people raised this as an objection regarding why asylees have to apply for EAD's every year in the Ngwanyia case!). These and other excuses can be countered by developing strong legal and policy arguments.

I do not suggest that we should rush in doing any thing. I just wanted to gauge the interest and see if we can open up the discussion and explore this frontier.

What do you think? Are we ready to tango?
 
Yes!

You've read my mind TortFeasor. Thank you for articulating our concerns so well. I totally agree that we need to do something about it. The whole RTD process is getting excruciating and unnecessarily unpredictable. There's no reason why we have to put up with such an unreasonable treatment from UCIS when we're paying the ridiculously increased $160 application fee now (that's every year, mind you).
 
Two thumbs up, TortFeasor! I'm ready to sign the petitions whenever you guys are ready. I mean, how different are we from those having green cards?
I understand the restriction on visiting the home country, but getting and RTD after almost a year of applying for it and then getting it for only a year's term... is a little bit ANNOING! For God's sake, don't we pay taxes like everybody else?
 
No to discourage you guys, but we already had something like this regarding our cases with no luck or no participation. In any case, I’m in whatever we try.

I still did not get my RTD (waiting since November) and as soon as I get it, I will have to apply again :). I guess they lost some EAD revenue, so they jacked up the price for RTD to make up the difference. What can we do??
 
Why would you have to apply right away. You will have a year (date issued will be the start date on your new RTD), as far as I understand.
 
karina said:
Why would you have to apply right away. You will have a year (date issued will be the start date on your new RTD), as far as I understand.
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Just hypothetically speaking :D
 
ukulele said:
You've read my mind TortFeasor. Thank you for articulating our concerns so well. I totally agree that we need to do something about it. The whole RTD process is getting excruciating and unnecessarily unpredictable. There's no reason why we have to put up with such an unreasonable treatment from UCIS when we're paying the ridiculously increased $160 application fee now (that's every year, mind you).
Click to expand...

I share all your frustration regarding the wait time for a RTD ( I am still waiting for my GC 8 months after stamping). However why don't people just use their original national passports if thy're not travelling to their original country. I mean CIs ask to bring it with you for stamping don't they? So I don't see the problem. If there is any please inform me.
 
There is no problem, except for the fact that they can revoke your asylum status if they learn that you renewed your national pasport. LOL.
 
Lazerthegreat said:
Kamboi! Did you stamp your national passport?
Well I have known people who had their passport stamp and are doing well.
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No I did not. It was about to expire. So I had them give me the temporary I-94 "green card" which is valid for one year from stamping date. It was embossed with the CIS seal had a picture and stamped across with the SFO code. On the flip side is the usual stuff name, A #, cateogory and the big stamp of I-551
 
TortFeasor said:
Ladies and Gents:

There has been a number of discussions in this forum regarding the rather lackadaisical and devil-may-care pace the INS has been processing our requests for the refugee travel document (RTD). This issue affects both asylees that are awaiting adjustments of status as well as permanent residents who have adjusted from asylee or refugee status. Without commenting on whether using or renewing national passports is a good strategy (the consensus being that every one should weigh the factors on a case by case basis), I think we should brainstorm and strategize as to whether we should consider administrative processes (demand for internal bureaucratic change) and/or legal action (ala the Ngwanyia v. Ashcroft variety) to demand the following:

1. The INS should process RTD applications in an expedited process (at least in the same manner/time-frame as it processes employment authorization documents (EAD).

2. The validity of RTDs should be for a longer duration. The "Green" Card (which if you have noticed is not green!) is valid for ten years, therefore why cannot the RTD be valid for at least five years?

3. Processing RTDs in an expedited and reasonable time-frame should be part of INS's long-trumpeted back-log elimination project.

In addition to basic notions of fairness and due process, the basis for our case is that we should be afforded our constitutional right to freedom of international travel. The Bill of Rights to the United States Constitution has been interpreted by the Supreme Court to apply to all "persons" who reside in this country legally. Some rights are actually so fundamental that they are deemed to apply to even undocumented persons. By unduly prolonging and fumbling the process to issue RTDs, the INS is infringing on:

-- our freedom to international travel, free from unreasonable hindrances and restrictions (note that the Supreme Court has found freedom to domestic travel is more fundamental than international travel, even for citizens. But still international travel is a protected freedom that cannot be abridged arbitrarily);

-- our fundamental freedom to earn a livelihood, if some of us will have to travel as part of our professional endeavors; and

-- the treaty obligations of the United States to afford reasonable travel documents (within a reasonable time) under the 1967 Protocol Relating to the Status of Refugees.

I can hear the two knee-jerk reactions that may be sent our way: (1) "9/11 changed everything"; and (2) even more interesting "our machine can only process one year approvals" [Believe it or not, Ashcroft's people raised this as an objection regarding why asylees have to apply for EAD's every year in the Ngwanyia case!). These and other excuses can be countered by developing strong legal and policy arguments.

I do not suggest that we should rush in doing any thing. I just wanted to gauge the interest and see if we can open up the discussion and explore this frontier.

What do you think? Are we ready to tango?
Click to expand...
Thanks for your enthusiasm. I do not want to sound pessimistic but compared to everything else, immigration issues are not solved in an efficient way in this country. I would strongly encourage you to follow the link below and see for yourself the plight of those green card holders who cannot bring their spouses to America. They were excellent in their political activism and they even hired a lobbyist to influence the xenophobes in DC. They managed to get a bill to congress but guess what: the scums in DC are busy debating a constitution amendment on marriage. These hypocrites care so much about marriage and the sanctity of marriage to the extent that they wont allow a lawful permanent resident to bring his or her spouse. So my friend, before you start your activism visit this link and see for yourself. Curb your enthusiasm :mad: http://boards.immigrationportal.com/showthread.php?s=&threadid=109096
 
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Thanks for all the responses.

I fully understand the frustrations and the evident pessimism. My goal in initiating this conversation is not to secure an immediate change, but rather to see if we can follow the precedent set by the Ngwanyia case to enlarge our constitutional rights. We may not yet have the power to vote (thus why we have all been treated like dirt) but we have the power to drag the INS to court. Let us use that power.

Shamshon: even if I concur that the legislative process has not been very responsive as you aptly (and colorfully, may I add) described, the INS in general seems to respond well to a well-developed litigation. Their decision to reverse the EAD policy and the relative "speed" with which they are now handling adjustments is testament to the effects of the Ngwanyia case.

NoFreedom: you mentioned that there have been prior attempts that did not work. Tell us about them and we will learn from why these attempts did not work.

The Ngwanyia case was initiated by the American Immigration Law Foundation (AILF) and co-sponsored by a major law firm in Minneapolis called Dorsey & Whitney LLP. These people and the first group of asylees who were the plaintiffs in that case thought that they can make some impact by undertaking the litigation. They tried and, even if the final decision is still pending, they have created meaningful change as discussed above.

Can we visualize a similar strategy? Of course we can. Will it take time and some effort? Of course it will. Do we have the resources and contacts we need to initiate some action? Of course we have. Our requests will be straight-forward and can be done by the INS without a need for Congressional action. Although a little threat of litigation might sweeten the deal!

Let the conversation continue. Let each of us think and document why the particular inaction by the INS has caused us demonstrable harm. The more harm we show and also show how easy it is to correct the problem, the better the remedy.

Over the next weeks, I will try to come up with ideas we may explore. Throw me good ideas and suggestions. I am not in a rush to do anything. Fortunately or unfortunately (for the losing side), I like a good fight!

shamshon said:
Thanks for your enthusiasm. I do not want to sound pessimistic but compared to everything else, immigration issues are not solved in an efficient way in this country. I would strongly encourage you to follow the link below and see for yourself the plight of those green card holders who cannot bring their spouses to America. They were excellent in their political activism and they even hired a lobbyist to influence the xenophobes in DC. They managed to get a bill to congress but guess what: the scums in DC are busy debating a constitution amendment on marriage. These hypocrites care so much about marriage and the sanctity of marriage to the extent that they wont allow a lawful permanent resident to bring his or her spouse. So my friend, before you start your activism visit this link and see for yourself. Crub your enthusiasm :mad: http://boards.immigrationportal.com/showthread.php?s=&threadid=109096
Click to expand...
 
we tried to organize petition, but only few people actually were prepare to do it. Let us know what do you have in mind and we can try. Better do something then nothing. Probably that won’t help us, but at least it might help the other who are destined to wait for 10 or more years.
 
I just got back from Europe. I went through the most incredible ordeals to make any kind of a trip happen. My family, work and boyfriend have been extremely understanding, but I just don't have any more energy for this, really. I think we need to do something, and alos I think there have been some moves about it. TortFeasor - how do you want to start? Press perhaps? Count me in!!!
 
EspressoJoy said:
I just got back from Europe. I went through the most incredible ordeals to make any kind of a trip happen. My family, work and boyfriend have been extremely understanding, but I just don't have any more energy for this, really. I think we need to do something, and alos I think there have been some moves about it. TortFeasor - how do you want to start? Press perhaps? Count me in!!!
Click to expand...
We can use many of the ideas that the folks at the other forums did, particularly those in the "green card holders spouses" forum in this web site. For example, they hired a lobbyist in DC. They also made several web sites with a humanistic slant to express their plight. Another thing is that they each contacted their Senators and representative. Perhaps the key is to be persistent. One other thing is to get Rajiv S. Khanna involved since he has shown extreme professionalism and compassion in helping these folks.
 
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