My conversation with USCIS Lawyer

Dear Rajiv & Friends,

Here is my opinion. It is OK to disagree.

This immigrationportal.com community has already invited its members and non-members to participate in the litigation by providing a venue. This reflects immigrationportal.com community’s outreach to the entire immigration population.

My suggestion is to keep the litigation web form opened for couple of weeks, let all the interested parties to sign in, take the list and go for a settlement. This settlement will have prolonged repercussions in the long run.

I have serious doubts if we go with ALL or NONE approach. Anything of this magnitude may also involve different parties and may not yield any relief in the short-term.
 
Re: temporary I-551 stamping 180 days after AOS filing

2a') USCIS district office accepts temporary I-551 stamping once 180 days has passed after I-485 application is filed.

USCIS can implement 2a') totally within the current infrastructure
although each one has to visit a district office.
Click to expand...

if they were to implement this we _MAY_ even agree to certain restrictions: like provided the 140 is approved, the applicant takes copies of his medical showing everything is ok, takes current employment proof etc, thus it appears as if no current policies of uscis are broken and that all eligibility except security are verified before issuing GC. they can even do on the spot FP if they need.

i think there are about 130 application support centers and thus there would be lot of rush initially but it should settle down soon.
 
Originally posted by Webspider007
Dear Rajiv & Friends,

Here is my opinion. It is OK to disagree.

This immigrationportal.com community has already invited its members and non-members to participate in the litigation by providing a venue. This reflects immigrationportal.com community’s outreach to the entire immigration population.

My suggestion is to keep the litigation web form opened for couple of weeks, let all the interested parties to sign in, take the list and go for a settlement. This settlement will have prolonged repercussions in the long run.

I have serious doubts if we go with ALL or NONE approach. Anything of this magnitude may also involve different parties and may not yield any relief in the short-term.
Click to expand...
I agree. As long as they are willing to settle, we should seriously consider their offer - of course we should always try to make the best out of it. But honestly I think granting any one or two requests we have made so far would be a great relief for us, if they can really implement it/them fully and quickly.
 
Re: Re: temporary I-551 stamping 180 days after AOS filing

Originally posted by tmc
if they were to implement this we _MAY_ even agree to certain restrictions: like provided the 140 is approved, the applicant takes copies of his medical showing everything is ok, takes current employment proof etc, thus it appears as if no current policies of uscis are broken and that all eligibility except security are verified before issuing GC. they can even do on the spot FP if they need.

i think there are about 130 application support centers and thus there would be lot of rush initially but it should settle down soon.
Click to expand...

Please understand that 140 is taking indefinite time right now in
most of the centres.
 
Re: temporary I-551 stamping 180 days after AOS filing

Originally posted by kashmir
> 2. Let the INS make decision within 180 or 365 days pending security checks and issuse temp stamp on passport (jhonyrk)
> This seems to be one of the best suggestions. (dsatish)

I also believe temporary I-551 stamping is the best idea.

> But security checks have been around forever. (operations)

I think jhonyrk's item #2 means:
2a) USCIS stamps temporary I-551 on passport within 180 (or 365) days without completing security checks.
2b+3) Once USCIS completes security check, USCIS issues a plastic card. (It doesn't mention how long security checks take.)

But I thnk USCIS cannot promise nor execute 2a) 180-day stamping.
Also there are a lot of people having been waiting for 180+ days.
So my suggestion is:
2a') USCIS district office accepts temporary I-551 stamping once 180 days has passed after I-485 application is filed.

USCIS can implement 2a') totally within the current infrastructure
although each one has to visit a district office.
Click to expand...

Agreed.

As per CIS director in his testimony - he said around 97 % of case takes only one minute for security check. If it takes only one minute ,even USCIS district office can do the security checks before issusing the Tem I-551 stamp and not compromising security in any way.In our law suite we need to prove the delays are delebrate and intentional .I wonder how one minute check will create 2 years of backlog ?
 
Re: Re: suggestions to solve everyone's problems

Originally posted by myopinion
function alert has given good suggestions; Summary;

1. Treat green card granted after 180 days of pending 485, till case is decided.

2. Family also gets green card benefits after 180 days of filing 485, till case is decided.

3. No job change limitations of any kind after 180 days pending.

4. Citizenship counter starts 180 days after filing 485.

5. With above, of course, we should not be asked for EAD, AP, FP, Medical etc renewal.
Click to expand...

4. CITIZENSHIP COUNT, should start counting from Priority Date, which is the date the LC (if one existed) was submitted. this is the only way to "correct" the injustice from the LC, I-140 and I-485 delays; OR some total amount of years of legal work in the US (or abroad with a US employer). These could be like a total of eight or ten years with only say two or three after GC and the rest before GC.
 
Re: Re: Re: temporary I-551 stamping 180 days after AOS filing

Originally posted by askgc
Please understand that 140 is taking indefinite time right now in
most of the centres.
Click to expand...

yes, thats why i said _MAY_. hopefully if they resolve this 485 issue, it reduces the 140 backlogs too. currently uscis just wastes too much time & resources processing the same type of application for the same person again and again.

i also agree for a quick settlement too involving only those that signed as suggested by other members. thats why everybody should realize that this option is open and that the case may benefit only those that signed and thus sign the petition already.
 
Citizenship timing issue

Please dont bring this up on this thread.. First get your GC and then deal with it later....I even dont want my GC quicker if BCIS agree to give us some kind of Temp status which allow us to live life freely in this country without have same kind of job or no job obligation.

This is only my view and you dont have to agree.....
 
Originally posted by Kanadian
Citizenship timing issue

Please dont bring this up on this thread.. First get your GC and then deal with it later....I even dont want my GC quicker if BCIS agree to give us some kind of Temp status which allow us to live life freely in this country without have same kind of job or no job obligation.

This is only my view and you dont have to agree.....
Click to expand...

This is only your view, very narrow. I believe a lot of people from LC to I-140 and then I-485 have experienced and are experiencing DELAYS. The only way to face all these is what I proposed above. It looks like you are happy with EAD and you are not the only one. The majority (I believe) want our GC today and the lost years to count for something.
 
final suggested solution

this small note from uscis director to all service centers will solve all problems immiadetely. the time to write this note is 5 minutes.


THIS IS MY SUGGESTION TO SOLVE EVERYHTING WITHIN FRAMEWORK AND NO EXTRA BURDEN

To service centers,

Please issue a i-551 stamp on demand on the same day to any person who requests it and provides all necessary documentation including proof of an i-140 filed, that has not been issued a RFE that is pending and 180 or more calendar days are pending since i-140 application.

If an RFE has been issued,the applicant can personally bring documentation to clear the RFE with the examiner.


The non refundable convenience fee of $1000 must be paid by certified check payable to uscis

Any denial must be subject to a second review on that same day. All Applicants must be given the benefit of the doubt if any.

Processing can be done at any service center of the applicant's choice to allow equitable resource allocation






additional comments:

however we must never forget what they did to us, even if they settle amicably.

mr khanna, you have shown us that it is possible to even challenge government agencies for their causing so many people to suffer indefinitely. i am now deternmined to fight legally against this system.

i think the i-551 stamp is a great idea and lets not even think of settling for anything less. however I am strongly recommending this should be made 180 DAYS AFTER I-140 IS PENDING. the uscis california has not processed any i-140 cases in the lsat few months and they will again intentionally delay i-140.

this policy should be implemented NOW not after 6 months or whenver they feel like
 
Originally posted by cinta
This is only your view, very narrow. I believe a lot of people from LC to I-140 and then I-485 have experienced and are experiencing DELAYS. The only way to face all these is what I proposed above. It looks like you are happy with EAD and you are not the only one. The majority (I believe) want our GC today and the lost years to count for something.
Click to expand...

I am not talking about EAD, I already got one. I am talking about the temp stamping folks are talking on this thread....this temp stamping should give us all the rights till they approve our application....if I loose my job today then I dont care coz the final approval should take care of security not labour or job issues....is it clear now?
 
Another solution- Fee based - Temp GC STAMP

Thank you very much, Mr. Rajiv Khanna for your UNTIRING efforts on solving these and various other Immigration issues facing future Immigrants.

Cinta, Kanadian and a host of others make valid points. My personal opinion is any settlement of this lawsuit will happen within the “operational framework” of USCIS rules. Any demand by us that requires amendment to the INA act will give USCIS a way out, by justifying that our demands are outside their purview and falling under Congressional mandates.
Kashmir seems to be on the right track in fighting the citizenship issues with regard to the date the clock starts ticking by seeking amendments to current Immigration Bills being debated in Congress, so its not that the issue is being completely ignored.

OUR CURRENT 485 LAWSUIT.
My solution is towards a FEE BASED, TEMPORARY GC-I 551 stamp on the passport. Since we already have options like I-EAD and I-AP, I’m sure USCIS will be open to an Interim-GC-155 process. Bureaucracies do not like wholesale changes so lets not bargain for more than we can hope for at “this” point of the situation. To sweeten the pot and prompt USCIS to quickly settle, we should ask, that all 485 cases that have RD’s until July 31st 2003 and no RFE’s or 2nd fingerprints or a pending security hit, to be given an Interim GC stamp (I-GC- I-155 Stamp) within 30-90 days from date of our settlement FOR A FEE OF $ 255. Any of the above that still need RFE’s or 2nd fingerprints should be adjudicated within 90 days. I know we have already paid this fee once, but it’s more affordable, equitable and fair than any “PREMIUM PROCESSING-485”. This Temp stamping should be done at local offices. The permanent card should be approved within 365 days of the temporary Green Card stamp if no security issues are in question. I am not sure if USCIS will extend the above proposed solution to ALL 485’s or just the signed class action plaintiff’s on this site. Rajiv’s input on this point will be appreciated. We can maybe fine tune the above solution by requesting that all 485’s pending more than 18 months should be adjudicated immediately without any additional costs (within 30 days). The balance (ones pending less than 18 months can use the fee paying Temp GC stamp option)
I believe the funds collected from the Temporary stamp will be an incentive to USCIS to seriously consider this solution plus it will provide funding to reduce some backlogs in I-140, 485’’s etc. It will also indicate a good faith negotiating stance from our side and take away their excuse of lack of funds to implement our proposed solution. It will be perceived, and is, a win-win situation for both parties. It will also immediately reduce a considerable portion of the CURRENT I-485 backlogs and hopefully ease the waiting period for others that follow.
Thanks for reading this lengthy post!!!
 
court hammers on INS

In a landmark decision, a federal judge in St. Paul, Minnesota order the DHS to grant permanent resident status to 22,000 asylum applicants who have al ready been granted asylums but unable to obtain immigrant status because of the government,s failure to use the annual refugee quota of 10,000. Report indicates that shockingly, the government has failed to use the annual quota since 1994 and there are over 22,000 unused numbers which the government argued unsuable and trashed. The court disagreed! What a remarkable news and admonishment to the abuse of power by the immigration authorities. Hmm..... Let's see whether there are unused employment-based immigrant quota numbers which the government has trashed considering the terrible backlog and processing delays of I-485 applications!!! Read on

source http://immigration-law.com
 
Re: Re: temporary I-551 stamping 180 days after AOS filing

Originally posted by tmc
if they were to implement this we _MAY_ even agree to certain restrictions: like provided the 140 is approved, the applicant takes copies of his medical showing everything is ok, takes current employment proof etc, thus it appears as if no current policies of uscis are broken and that all eligibility except security are verified before issuing GC. they can even do on the spot FP if they need.

i think there are about 130 application support centers and thus there would be lot of rush initially but it should settle down soon.
Click to expand...

Agreed. We can give whatever Document nessesary to get the temp. Stamp.We can ask for this intrem relief till CIS meets the goal of 6 months process.Even they can do the one minute security check.Since already I 485 cases are being approved on Local support centers we won't be voilating any existing procedures.Even we can agree for on spot RFE with defined date of returning to the support center with required documents. The only concern in this approach will be the MAD rush in the initial stages and this approach should not create another backlog on support centers.Even they can allot slot for people on RD( I am already day dreaming ha..ha..)
 
Summary

Rajiv,
We are seeing so many suggestions (more than 21 pages as of now), i wonder how we are going to arrive at summary thoughts. Could you please post your summary thoughts on what we should request the CIS for ? You can keep it to yourself for strategic reasons, if you feel so.
I don't remember all the postings in this thread, but it looks like every one pretty much agrees that I551 stamping after 180 days of filing I485 is the best suggestion. I am not sure if I551 stamping is accepted as a work permit by employers. So we may ask for 3 year EAD (it is taking almost 3 yrs in TSC to get GC). If they accept these two suggestions, then what else do we need ? I think that it should be enough for us. The only problem is that CIS may not agree for I551 stamping if I140 is not approved. Then we can ask them to take 365 days after I140 receipt date as the starting date for I551 stamping.
Now the final question. What if CIS does not accept our I551 stamping request (they will always come out with silly basis) ? Shall we settle for alternative lesser demands like : No RFE and complete job portability after 180 days ?
 
Re: Summary

Before we say everyone agree, I have to ask what does it mean to have the stamp? GC approved, just waiting for plastic? I certainly will take that, but if it's just another way to delay the final decision, I don't need it. We need be careful about issues such as the job lost/transfer and many others that may happen after the stamp.

Originally posted by dsatish
Rajiv,
We are seeing so many suggestions (more than 21 pages as of now), i wonder how we are going to arrive at summary thoughts. Could you please post your summary thoughts on what we should request the CIS for ? You can keep it to yourself for strategic reasons, if you feel so.
I don't remember all the postings in this thread, but it looks like every one pretty much agrees that I551 stamping after 180 days of filing I485 is the best suggestion. I am not sure if I551 stamping is accepted as a work permit by employers. So we may ask for 3 year EAD (it is taking almost 3 yrs in TSC to get GC). If they accept these two suggestions, then what else do we need ? I think that it should be enough for us. The only problem is that CIS may not agree for I551 stamping if I140 is not approved. Then we can ask them to take 365 days after I140 receipt date as the starting date for I551 stamping.
Now the final question. What if CIS does not accept our I551 stamping request (they will always come out with silly basis) ? Shall we settle for alternative lesser demands like : No RFE and complete job portability after 180 days ?
Click to expand...
 
Summary

Rajiv, et al

A lot of interesting ideas; The EAD, AP, temporary I-551 stamp, etc. They all sound good. However, we need to examine the value of the EAD and the temporary I-551 (i.e. temporary GC ??, like a marriage one ??). What if we get a 10 year EAD or whatever and nobody hires us with that?
Our primary goal should be to immigrants ASAP. We should ask for an immigrant status according to the USC (United States Code), with all benefits that are derived from it.
Our secondary goal is to discuss Citizenship. First as a way to make up lost time, participate in the political process and get a job in companies that boast citizenship requirement! This list is being increased and the GC is losing its value rapidly!
 
Originally posted by vcb
court hammers on INS

In a landmark decision, a federal judge in St. Paul, Minnesota order the DHS to grant permanent resident status to 22,000 asylum applicants who have al ready been granted asylums but unable to obtain immigrant status because of the government,s failure to use the annual refugee quota of 10,000. Report indicates that shockingly, the government has failed to use the annual quota since 1994 and there are over 22,000 unused numbers which the government argued unsuable and trashed. The court disagreed! What a remarkable news and admonishment to the abuse of power by the immigration authorities. Hmm..... Let's see whether there are unused employment-based immigrant quota numbers which the government has trashed considering the terrible backlog and processing delays of I-485 applications!!! Read on

source http://immigration-law.com
Click to expand...
Every time I read something like this, I can't help but thinking - "Now here it goes. They have something on top priority again. Other cases, most likely the GC cases will be further delayed..." Look what mess the 245(i), religious worker immigration temination(?) etc brought. Everyone can see there is something inherently wrong with the system. Unless either aggressively increasing funding/personnel or eliminating some current procedures or streamling the process, there is no way out.

That is why I don't agree with premium processing - everyone would pay the additional, so what would change? And who can garantee the revenue would be used in GC processing and how soon would it take effect? Rather I think one time EAD/AP/FP until adjudication (plus portability after 180 days of I-485 regardless of I-140 status) is the way to go. Only by eliminating millions of repeated EAD/AP case could they assign more personnel on I-140/I-485 processing. Interim GC is certainly a rosy scenario, but IMHO it is out of the question. They wouldn't let it happy... my 2c.
 
ofcourse temp stamp is GC...

basically it is the GC. you can work, travel etc. only trouble is, you have to get the stamp every year till you get the card. no need for AP, EAD or all that junk. you can say that you are a permanent resident in all sort of applications like education, loan, etc.

some countries don't allow transit without transit visa if you have only the stamp. but imho i will take it as it is not a big problem.

another thing is if they do that then atleast the ead and ap applications will reduce thus giving them more time on other stuff.
 
Re: ofcourse temp stamp is GC...

Originally posted by tmc
basically it is the GC. you can work, travel etc. only trouble is, you have to get the stamp every year till you get the card. no need for AP, EAD or all that junk. you can say that you are a permanent resident in all sort of applications like education, loan, etc.

some countries don't allow transit without transit visa if you have only the stamp. but imho i will take it as it is not a big problem.

another thing is if they do that then atleast the ead and ap applications will reduce thus giving them more time on other stuff.
Click to expand...
My knowledge on I- 551
I-551 is the stamping issused on our passport for all approved cases of I 485. It is valid for one year hoping that CIS will issuse the plastic card within a year. Now a days even plastic cards takes more than one year. What we are indirectly asking is GC saying will will provide informations instead of you asking us if you make it a long delay.I guess Rajiv is silently laughing on our demand
 
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