My conversation with USCIS Lawyer

Re: Precedent?

Originally posted by tblade
Something that seems relevant. Courts are taking action against USCIS for their lack of proper management.

It may be likely that the obvious continued failures on part of the USCIS may make for a relatively short lawsuit. IMHO, unless there is significant and timely response to alleviate the backlog, any offer that USCIS may make will likely not result in resolving any issues.

How about exploring the possibility of obtaining a conditional approval of I-140 & I-485, based on a preliminary review within 180 days, subject ONLY to security-related issues to be cleared within the next one year? That way all applicants can go about their lives without any major disruptions.



Some related information that may set some precedent:

The American Immigration Law Foundation hails the ruling of a federal judge today, condemning the former Immigration and Naturalization Service for "widespread," "egregious" and "plainly harmful" violations of law that "constitute nothing short of a national embarrassment."

for full story see:

http://releases.usnewswire.com/GetRelease.asp?id=107-02132004
Click to expand...


Well, I dont think posting messages will change our case. The case in this message had 22,000 strong, sadly I see that this case has gotten only 630 signatures in a week. I am sure, we have a cause and a case with more than 22,000 it would really help to get more people to back this case. Thanks.
 
Support for I-551 stamping.

Hi All,

I think panacea for all the ills would be I-551 stamping after 180 days of filling I-140/I-485 and counting as green card for all practical purposes and also citizenship etc. Then issuing plastic card within 1 year, no longer than that. Otherwise we need to have premium processing for that tooooooooo !!!!!

Otherwise, I feel premium processing is the only option.

BUT, To talk about my INDIVIDUAL CASE, it’s been almost 10 months my I-140 has been filed. According to the movement of the dates, it might take 2 months more (but this is only a wild guess given the track record of BCIS). If PP (Premium Processing) I-140 is agreed for 3/6 months, I may be a loser as the PP cases would be expedited thus delaying the existing cases. Otherwise, I would have to pay the PP fees and wait till 3/6 months, which sounds kind of weird.
 
Re: Support for I-551 stamping.

Originally posted by LegalFrustrated
Hi All,

I think panacea for all the ills would be I-551 stamping after 180 days of filling I-140/I-485 and counting as green card for all practical purposes and also citizenship etc. Then issuing plastic card within 1 year, no longer than that. Otherwise we need to have premium processing for that tooooooooo !!!!!

Otherwise, I feel premium processing is the only option.

BUT, To talk about my INDIVIDUAL CASE, it’s been almost 10 months my I-140 has been filed. According to the movement of the dates, it might take 2 months more (but this is only a wild guess given the track record of BCIS). If PP (Premium Processing) I-140 is agreed for 3/6 months, I may be a loser as the PP cases would be expedited thus delaying the existing cases. Otherwise, I would have to pay the PP fees and wait till 3/6 months, which sounds kind of weird.
Click to expand...


LegalFrustrated,

I have to disagree with you if you think that since you have applied your I140 10 months ago, you might be a loser if BCIS starts allowing premium processing and there are following reasons for that:

1.
We are requesting the premium processing for both 140 and 485. So in your case, even if you get your 140 in another 2-3 months, you will be waiting for another 2-3 years to get your green card. Are you ready and willing to do that. Certainly, I am not.

2.
If BCIS implements PERM, would you feel uncomfortable since you waited a year for labor certification and others will get their labor approved in less than a month.

3.
What would you prefer: Willingly pay 2-3K and get promoted in your company after 3-6 months or willingly wait for an indefinite period of time on the same position. Note that I didn't say 1 or 2 or 3 years. I said indefinite period of time.

4.
As you said there is not guarantee that BCIS will approve 140 in 4 months.

If I were you, I would be the first one to support the idea of premium processing.

NeedItNow
 
Re: Re: Precedent?

I think, AILF won the case againts USCIS, we also should take their help and invloved them if Mr. Rajiv thinks it's appropriate since we have their contact as follow:

Contact: Nadine Wettstein, 202-742-5611, or Luke Hall, 202-742-5607, both of the American Immigration Law Foundation; http://www.ailf.org

Any suggestion?

Originally posted by patience_03
Well, I dont think posting messages will change our case. The case in this message had 22,000 strong, sadly I see that this case has gotten only 630 signatures in a week. I am sure, we have a cause and a case with more than 22,000 it would really help to get more people to back this case. Thanks.
Click to expand...
 
looking forward to the proposal

Mr Khanna,
I remember you said you were writing a proposal over this weekend. Any news from USCIS at all? Have you talked to them about the possible settlement? Thanks...
 
Re:coditional approval

How about exploring the possibility of obtaining a conditional approval of I-140 & I-485, based on a preliminary review within 180 days, subject ONLY to security-related issues to be cleared within the next one year? That way all applicants can go about their lives without any major disruptions
Click to expand...


IMHO -- the conditional approval will be difficult to use. My understanding is -- at the end the GC gives one permission to work any where in the US in what ever jobs one chooses to take. Also few other extra advnatages (going out of and comming into US, etc without visa). My question is how is this conditional approval be sent to me -- a letter, a card? How will I convince my Employer that this gives me permission to work here. If it is a card/letter with some conditions attached to it, this is almost the same thing as H1/EAD. And with conditional I-140 approval you can only use this for I-485 only -- no other "practical" purpose in the day to day life of immigrant .
 
22,000 asylee cases

It is great that the judge ruled against USCIS on the asylum case.

However, like someone pointed out, it means USCIS will now focus on those 22,000 cases, and guess what ? They will stop processing EB I-485s for another number of months...

The other part that makes me real mad is when I had to apply to AOS/CP, the timeframes were not that different, and I did not want to disrupt my work for my company, so I chose AOS. And now it turns out the AOS backlog is increasing everyday, and I have no visibility as to when my case may be processed (over 17 months and counting). If I had gone the CP way, everything would have been over a long time ago and I would have a life ! And of course switching takes so long it was never a viable option. I feel like I made the mistake of my life - with of course no way of knowing it. The USCIS played a really bad trick on all of us playing with our lives, and I feel completely trapped, depressed and the victim of an injustice I don't think I deserved, and with no future.
:confused:
 
Dear Khanna,

I have a question:
Some of us are waiting 24 months or more. How USCIS will compensate our lost of time if they agree to issue temporary green card or I-551 stamping after 180 days of filing 140/485. Will this 180 days count for older application starts when RD or ND issued in the past? Or we just suffer for nothing?
I am asking this because most of us already lost considerable amount of time, which we can never take it back. If they count the time after 180 days through citizenship from RD in the past most of us would be satisfied.
 
Re: Summary

Originally posted by cinta 13th February 2004 10:38 AM
...
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!
Click to expand...
I strongly agree with cinta.

If adding one thing to our primary goal,
we come to understand that the current USCIS cannot implement anything for our primary goal even if the court would order USCIS to do that or even with a lot of money,
so we started finding a temporary solution that even poor USCIS with stupid management can do and that should solve our current problems caused by unreasonable I-485 processing delay until getting a final approval.

For our second goal, we have to work with Congress, too.
 
Last edited by a moderator:
Re: Re: Support for I-551 stamping.

Originally posted by NeedItNow
LegalFrustrated,

I have to disagree with you if you think that since you have applied your I140 10 months ago, you might be a loser if BCIS starts allowing premium processing and there are following reasons for that:

1.
We are requesting the premium processing for both 140 and 485. So in your case, even if you get your 140 in another 2-3 months, you will be waiting for another 2-3 years to get your green card. Are you ready and willing to do that. Certainly, I am not.

2.
If BCIS implements PERM, would you feel uncomfortable since you waited a year for labor certification and others will get their labor approved in less than a month.

3.
What would you prefer: Willingly pay 2-3K and get promoted in your company after 3-6 months or willingly wait for an indefinite period of time on the same position. Note that I didn't say 1 or 2 or 3 years. I said indefinite period of time.

4.
As you said there is not guarantee that BCIS will approve 140 in 4 months.

If I were you, I would be the first one to support the idea of premium processing.

NeedItNow
Click to expand...

QUESTION: a) Can a person whose I-140 and 485 are pending approval, accept a salary increase without adversely affecting the process?

b) Can the person accept a promotion?

Please don't blast me for asking these seemingly simple questions.

Thanks.
 
Re: Re: Re: Precedent?

Originally posted by feb6361
I think, AILF won the case againts USCIS, we also should take their help and invloved them if Mr. Rajiv thinks it's appropriate since we have their contact as follow:

Contact: Nadine Wettstein, 202-742-5611, or Luke Hall, 202-742-5607, both of the American Immigration Law Foundation; http://www.ailf.org

Any suggestion?
Click to expand...

WE (ImmigrationPortal CORE action team) approached AILF, AILA and various other Immigration support organization, no one really bothered to support us, everyone is busy with their prior commitments to legalize the illegal immigrants or other immigration issue, no one cares about legal immigrants especially EB based immigrants.
 
Re: Re: Re: Precedent?


Originally posted by patience_03
Well, I dont think posting messages will change our case. The case in this message had 22,000 strong, sadly I see that this case has gotten only 630 signatures in a week. I am sure, we have a cause and a case with more than 22,000 it would really help to get more people to back this case. Thanks.
Click to expand...

We have to stand up and fight for our rights. Lot of EB I-485 applicants have the fear of backlash. I have a question for all of them : We all are suffering a lot due to the huge backlog of immigration benefits application at CIS. Can they trouble us anything more than this?????
There is no difference between the current non-immigrants waiting in the immigration queue and the chained bonded laborers/ slaves who were brought to USA 200 years back.

You are not doing anything illegal you are fighting for your rights.
 
When will 485 get denied

Originally posted by hidden_dragon
But this shouldn't be much a problem, if say we can get the 485 done in 6 months. I think the focus should be get 485 done in a timely manner, rather than seeking for reliefs that make us "safer" while waiting. We will never be "safe" if we have to waiting for 2 or 3 years.
Click to expand...

Sort of makes me think that INS approval process of I485 is arbitary and full of bullshit. Another thing that INS should do is clearly state the reasons that would lead to denial for 485. Offcourse, that would mean that they have to clarify AC-21 regulations.

In any case personally I think it would be really stupid for INS to throw a person who has been staying in the country for 10+ years out of the country (by denying 485 just becuase the person got laid off couple of months before the 6 month period.)

Is any consideration given to the number of years a person has stayed and contributed (by means of his/her work) to the US economy.

I don't see any reason to have a fear factor or mystery associated with the 485 process. I mean I am not in 485 line as a result of playing slot machines in las vegas, but as a result of several years of education followed by several years of hard work.
 
Last edited by a moderator:
Re: What do you think the root cause(s) of I-485 processing delay is ?

Originally posted by kashmir
When we find a solution to fix the current our problems,
I think it is a good idea to think about the root cause of the problems.

What do you think the root cause(s) of I-485 processing delay is ?
Click to expand...

My take is that at as the economy improves 485 approvals and rest of INS forms are paperwork are likely to pick up speed.

And offcourse, if democrats get into power thats also going to make a difference, since they are more recptive to solving problems at INS as compared to rebuplicans. No body every called republicans immigrant friendly.
 
Last edited by a moderator:
Originally posted by CloseToGod
Well, if they want more money from us and agree to premium processing, they'll have to agree to certain timeframe too. For example, $1000.00 each for 140 and 485, and 140 guaranteed within 6 months and 485 with 12 months. H-1B is currently the same way; adjudication is guaranteed in 30 days. I guess, many if not most of us will be happy to pay $2,000.00 or more to buy peace of mind and get done with INS/CIS/BCIS.
Click to expand...

Why not ask INS to make the current process of 485 adjudications faster and provide a certain timeframe in exchange for an extra additional fee instead of starting a new premium processing process.

The only problem is that it doesn't give any opportunity to people who haven't yet applied for 485 to jump over the folks whose applications have been pending for years.

Some folks would rather prefer to get their EB green cards through an auction on EBay rather than politely waiting for their turn and help in speeding up the curent 485 process.

Sorry, can't just jump and trample people who are already in line to get into the DTC bus. There is no DTC bus here.
 
Re: Re: What do you think the root cause(s) of I-485 processing delay is ?

Originally posted by ca-to-wa
My take is that at as the economy improves 485 approvals and rest of INS forms are paperwork are likely to pick up speed.

And offcourse, if democrats get into power thats also going to make a difference, since they are more recptive to solving problems at INS as compared to rebuplicans. No body every called republicans immigrant friendly.
Click to expand...

Actually I find that this Republican administration is paying due attention to legal immigration. Consider the following -

1. Bush's immigration proposal for unskilled guest workers is the first time I have seen immigration policy take into account the effect it would have on the legal immigrant.
2. Bush's 2004 DOL budget has redirected H1B training funds to DOL backlog reduction.

Compare this with the Democrats who focus only on the illegals or family immigration. As an EB immigrant who makes a decent amount of money, I find the Republican tax reduction agenda pretty attractive as I hope it will prevent any more entitlement programs for undocumented people over us legal immigrants.

I think the main factor in all these delayed approvals for labor certification and I-485 is the poor economy.
 
Re: Re: What do you think the root cause(s) of I-485 processing delay is ?

Originally posted by ca-to-wa
My take is that at as the economy improves 485 approvals and rest of INS forms are paperwork are likely to pick up speed.

And offcourse, if democrats get into power thats also going to make a difference, since they are more recptive to solving problems at INS as compared to rebuplicans. No body every called republicans immigrant friendly.
Click to expand...

Democrats are immigrant friendly but not for legal immigrants they are immigrants friendly when they talk about illegal immigration.
Republicans care about legal immigration than Democrats because of their contacts with corporate world.
 
Re: Re: Re: What do you think the root cause(s) of I-485 processing delay is ?

Originally posted by Edison
Democrats are immigrant friendly but not for legal immigrants they are immigrants friendly when they talk about illegal immigration.
Republicans care about legal immigration than Democrats because of their contacts with corporate world.
Click to expand...
I admit I am igorant when it comes to politics, but I know when Clinton was in White House, the quota for H1B was increased and we saw people get GCs in 2 yrs. What has Bush done for legal immigrants anyway except a who-knows-when-will-realized "promise" for 6 month processing. And don't tell it's because of the economy - to me outsoursing millions of jobs is not pro legal immigration at all.
 
Last edited by a moderator:
Politics and Economy are important for Immigration,
but I think it is useless in the context of this lawsuit
unless we get an evidence that some politician ordered INS or DHS/USCIS to slow down the process.
We had better focus other items at this thread.
 
You must log in or register to reply here.
Top