*******Here is What Happened at the 3 June Hearing*****

One question

I am sure people might have raised this

If you don't have GC (being stuck in a 3 year wait in I-485), you can't apply for student loan for yourself or your children through FAFSA. We can argue that it affects future skills improvement, job enrichment of the candidate etc.
And how it affects his ability to generate greater revenue, which in turn will result in greater taxes fro the govt etc etc.

Just a thought
 
suckers

hidden_dragon said:
No wonder AILA doesn't like our lawsuit. They are on the same boat now. I have been wondering if lawyers in general care less about such backlog since we are actually paying for much more service.
Click to expand...

Very well said.
My lawyer is so excited when it comes to renewals. Every time I ask about processing time he justifies how difficult it is for government process green cards. Takes every opportunity to scare about whole deal and how important it is to use their services.

I will never forget what Rajiv is doing for us. Thank you, Rajiv.
 
operations said:
Here is my email to the Govt. lawyers this morning:

"Were you able to call the Court, Bill?
We need to get moving with the discovery. If you do not have time, I will call the court tomorrow morning and have them set something up for all of us. Regards."[/QUOTE



Did any one hear anything new about the discovery process.
Click to expand...
 
Those who haven't contribted yet, please do so NOW at www.immigrationportal.org . Don't get relaxed by seeing FP2 or RFE notices. In most of the cases, nothing happens after the FP2 or RFE. Please keep the fight going till the backlog reduces to under an year.
 
The total fund collected is $21,000. Those who haven't contribted yet, please do so NOW at www.immigrationportal.org .
Note : We are actively looking at the possibility of revising the action plan to start our activities with available funds rather than waiting till we reach the target amount (by which time all of us here may get citizenships )
 
USCIS ombudsman’s report

Take a look at the USCIS ombudsman’s report. It shows that USCIS is under pressure from this government office too for the backlog. This report talk a lot about backlogs and yes employment based I-485 backlog too.

http://www.aila.org/fileViewer.aspx?docID=13331

Please see Page 19, 2nd Para that says “In ensuring equitable treatment, pending applicants would be given the opportunity to assume their place in this new line by resubmitting a duplicate of their original application including all required supporting documentation without fee when presenting the original receipt.”

So they have in mind the plight of old applicants.
 
Rajiv needs to see this - could be used in the lawsuit

Might be of interest to Rajiv for the law suit.

quote from the Ombudsman's report (
http://www.aila.org/fileViewer.aspx?docID=13331
)
" In order to further perform a detailed analysis of the employment-based immigration problems reported by the general public, the Ombudsman requires access to specific statistical information. An example of the type of information necessary is how many individuals in each visa preference category have applied to adjust their status to lawful permanent resident and are currently awaiting a decision. This information has been
requested from USCIS; however the Ombudsman was informed this information was not currently being maintained by USCIS. Subsequently, USCIS informed the Ombudsman that the information requested will be compiled for his use. Upon receipt of this information the Ombudsman plans to conduct this analysis and provide recommendations as appropriate."

Based on this statement I am not sure how the USCIS lawyer would defend his statement that I 485 had different categories and there is no commonality.
 
How can Rajiv be invited for such testimony?

While the ombudsman’s criticism (of USCIS) was often muted, this is a scathing attack on what USCIS has done wrong, and are still doing wrong. This testimony is a realty check from AILA’s president with myriad of examples where individuals and business have been suffering at the hands of this agency.

http://www.aila.org/fileViewer.aspx?docID=13346

Rajiv, what can be done from our end for you to get an invite for the testimony from this subcommittee?
 
Injuries due to backlogs

jat said:
While the ombudsman’s criticism (of USCIS) was often muted, this is a scathing attack on what USCIS has done wrong, and are still doing wrong. This testimony is a realty check from AILA’s president with myriad of examples where individuals and business have been suffering at the hands of this agency.

http://www.aila.org/fileViewer.aspx?docID=13346

Rajiv, what can be done from our end for you to get an invite for the testimony from this subcommittee?
Click to expand...

Page 4 to 6 clearly mentions the injuries and sufferings that backlog victims had to go through.
 
House Judiciary / Docs / Discovery

Courtesy of "ISGCTHEKEY"

All three testimonies provide information about injuries and the "cycle" definition of backlogs.

Witness List = http://www.house.gov/judiciary/immi062304.htm
Prakash Khatri = http://www.house.gov/judiciary/khatri062304.htm
Elizabeth Espien Stern = http://www.house.gov/judiciary/stern062304.pdf
Paul Zulkie = http://www.house.gov/judiciary/zulkie062304.pdf


More complete compilation from 2001:

Docs / DISCOVERY

--------------------------------------------------------------------------------

The following show the problem and the rest:

1: http://www.gao.gov/new.items/ Timeliness of Applications, May, 2001. backlog problem, FP problem.
d01488.pdf

2: http://www.GAO.gov/ Fees, January 2004
d04309r

3: http://news.findlaw.com/hdocs/docs/...ism/hsa2002.pdf Homeland Security Act, Sections on Backlogs, Congressional Reports, Ombudsman

4: http://www.tcf.org/4L/4LMain.asp?Su...d=451&TopicId=5 The Century Foundation: DHS, one year progress report. "3.immigration.pdf"

5: CRS Report on Permanent Admissions. February 2004. Numbers not met.
http://fpc.state.gov/documents/organization/31352.pdf

6: http://www.ilw.com/lawyers/articles...9-paparelli.pdf Letter showing all the memos, regulations, guidances and all.

7: http://www.nilc.org/immlawpolicy/index.htm

Immigration Records and Databases INS data accuracy (8/27/03)(PDF)

Official Crime Information Should Be Accurate In her opinion editorial, published in The Miami Herald, April 28, 2003, NILC's policy attorney Joan Friedland discusses the Justice Department's information problem.

8: http://www.ilw.com/lawyers/immigdai...0615-eib108.pdf

Definitions for the EAD: temporary employment, restricted SSN, exclusion from the definition of a "US worker", which includes Asylees and Refugees...

9: http://www.ccfr.org/publications/im...on/summary.html June, 2004.

The Task Force urges the administration and Congress to work together in
finalizing and enacting backlog reduction plans, including adequate
appropriations and infrastructure, in order to meet a six-month processing
standard.

10. Congressional testimonies.

Witness List = http://www.house.gov/judiciary/immi062304.htm
Prakash Khatri = http://www.house.gov/judiciary/khatri062304.htm
Elizabeth Espien Stern = http://www.house.gov/judiciary/stern062304.pdf
Paul Zulkie = http://www.house.gov/judiciary/zulkie062304.pdf
 
Last edited by a moderator:
Ok

jat said:
While the ombudsman’s criticism (of USCIS) was often muted, this is a scathing attack on what USCIS has done wrong, and are still doing wrong. This testimony is a realty check from AILA’s president with myriad of examples where individuals and business have been suffering at the hands of this agency.

http://www.aila.org/fileViewer.aspx?docID=13346

Rajiv, what can be done from our end for you to get an invite for the testimony from this subcommittee?
Click to expand...



I have sent them the following email:



Community members have asked me if we can testify on behalf of employment-based applicants.

We believe a small change in current CIS procedures for I-485 can alleviate a big problem for backlogged applicants.

we had presented the following settlement offer to CIS (which they rejected):

once the I-485 has been pending for 180 days[1], the applicants should receive approval of the green card - there being no further evidence of employment required - evidenced by a stamp on the passport valid for 5 years[2], subject to revocation only on national security grounds.[3] This approval should be given on a walk-in basis in an orderly manner and would carry with it all rights and privileges of Lawful Permanent Residence (green card), including commencement of the time required for naturalization. Except that for “following to join” purposes, the date of approval will be deemed to be the date the final approval (after security checks) is granted. Service must make sure that the approval stamp is accepted internationally as evidence for travel purposes, or provide a card or other evidence that would be so accepted;


[1] 180 days’ count begins from the date of the I-485 filing. Current backlogged applicants should be given immediate green card stamping.
[2] After 5 years, the green card should become unconditional and final automatically.
[3] Some provisions must be made for hastening the process of security checks for defense or export restrictions related jobs. These people not only need their LPR, they need it after completion of security checks.
 
thank you for sending this email Rajiv...

if they can do this - this will solve the "maintaining the same job problem" and also reduce the unnecessary EAD, AP renewals, thus reducing the applications filed and also the backlog. hope they answer to this positively. GOD BLESS!!!
 
What to do to discover what's going on inside USCIS

Mr Khnanna:

Thank you for your invaluable efforts.

The defendant claims that "there's 5 employment based categories. Within those 5 employment based categories, there's at least 7 subcategories" ...They're completely different... EB-1 is a completely different standard for an EB-2, EB-3, and EB-4 application. And all those require factual determinations and legal standards to apply... On the thing about the 485s, the 485 application is not just used merely for employment based applications. We have a variety of other people who, that 485 is used for a variety of different types of people who are adjusting from one status to a lawful employment residency status..."

By stating this they justify their processing to be so slow because it has to be treated individually and differently. If only that's true.

Isn't that clear that we have to beat up this argument in order to win?

I believe USCIS has to be requested to demonstrate what's so different in EB-1/EB-n processing. Our goal is either 1) to prove that that claim is false or 2) to find out at least one common procedure that causes major inquiries and suffering FOR ALL.

Great start anyway. Good luck for Mr Khanna and all of us!
 
Lots of talk on backlog... which is good. One item missing is the random processing of 485s. Some people who have filed much later (3 months - 1 year) are approved while others' cases are not touched for no rational reason. This is completely unfair and I hope the congress/ombudsman is made aware of it.
 
Ombudsman is the one who started it

It was ombudsman's suggestion to clear the new cases quickly to prevent further backlogs. Even Sheela Murthy in her chat session has reflected the views of USCIS to prevent further backlog even at the expense of taking ire from the long pending caseholders. USCIS has unfairness written all over it.

If they want to prevent further backlogs, why target the new cases ? Just let the software dig out the oldest cases and clear them quickly. I am not sure how the clearing of old cases is different than the new cases. Infact many of the old cases already have FP done, name check done etc.

Rajiv,

If possible you should raise this matter to the ombudsman that clearing backlog from front in so so unfair to thousands of sufferers. How would the ombudsman himself feel if he is standing in a long queue for boarding a flight and new passengers are sent to a small queue in front to make sure that the longer queue does not get any longer!!!! ..... its both funny and sad.

will_get_there
 
will_get_there said:
It was ombudsman's suggestion to clear the new cases quickly to prevent further backlogs. Even Sheela Murthy in her chat session has reflected the views of USCIS to prevent further backlog even at the expense of taking ire from the long pending caseholders. USCIS has unfairness written all over it.

If they want to prevent further backlogs, why target the new cases ? Just let the software dig out the oldest cases and clear them quickly. I am not sure how the clearing of old cases is different than the new cases. Infact many of the old cases already have FP done, name check done etc.

Rajiv,

If possible you should raise this matter to the ombudsman that clearing backlog from front in so so unfair to thousands of sufferers. How would the ombudsman himself feel if he is standing in a long queue for boarding a flight and new passengers are sent to a small queue in front to make sure that the longer queue does not get any longer!!!! ..... its both funny and sad.

will_get_there
Click to expand...

You are right. It is not fair, not ethical and not the American way. Discrimination policy.
You should complain youreself to
CISO@dhs.gov and
Prakash.Khatri@dhs.gov

I think Rajiv is studying the next steps. Is there a next decision mechanism available? First the DISCOVERY, second the Class Action and ramifications between EB1, EB2, EB3, etc? What are the plans here?
On a related note, what was AILF's argument for not supporting us? I think we should know. Can somebody (maybe Rajiv) shed some light?
Also, the Backlogs and Legal Action was discussed in several conferences (ACIP, AILA, etc). Could somebody provide some information?
 
our situation is worse...

atleast, eventually one can get into the flight. in our case, if we lose our eligibility (say death of primary, loss of employment, etc - due to situations beyond our control) we are no longer eligible for GC. this uncertainity is the worst part.

btw, can someone tell me how consular processing applicants give FP? may be we can explore something in that arena for comparison - like they get the passport stamping when they enter the country (at POE) after the consular interview and i think the FP is taken at that time (infact i think it is just a index finger print), i.e., they get their FP done at the time of stamping, is that right? if that is so then why can't AOS follow a similar approach. USCIS may solve this backlog problem eventually (say in next 3 years???), but IMHO we should press for this intermediate solution of temporary GC pending security check. thanks.


will_get_there said:
How would the ombudsman himself feel if he is standing in a long queue for boarding a flight and new passengers are sent to a small queue in front to make sure that the longer queue does not get any longer!!!! ..... its both funny and sad.
will_get_there
Click to expand...
 
Statistics on 485 denied

One of the most important statistics we should ask from USCIS is how many 485 applications have been denied (espcially employment based) and for what reasons. I have never heard of one. So, if in case, negligible amount of cases are denied, the "threat level" is very low historically, statistically and commonsensically. We should ask them about the reasons for denial, etc. The most important question as tmc pointed out is, why can't they have CP type processing or stamping at POE here. Most importantly.
 
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