Petition for Congress Men v1.0
I have prepared a first draft for this important effort. It's a crude draft, but none the less, it's a good starting point to work on. Please read it carefully for typos, correctness of content and also sentence formation errors. Let's take 2 days to correct the typos,sentences and content. Then we will ask experts to give a professional look to this draft. Then we can submit to Rajeev.
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PETITION
To,
Congress Men and Senators,
United States Of America
Subject : Request for addressing the problems being faced by Employment based I-485 applicants (Application to Adjust to Permanent Residency).
Dear Congress Men and Senators:
We are a community of immigrants and immigration benefits applicants congregating at
http://www.immigrationportal.com Currently, we number over 67,000 registered members and approximately five times as many unregistered participants. We want to draw your attention to the excruciatingly slow progress of our I-485 applications at California, Nebraska, Texas and Vermont Service centers.
Please consider the following submissions.
The Processing Delays:
Until 2002, in most of the service centers (except Texas service center ) Legacy INS’ decision on the employment based I-485 applications used to take less than one year. But with the introduction of additional security checks, the I-485 application processing time has now increased to more than 20 months at all the service centers, with Texas Service Center taking more than 2 years. What is alarming is, the processing time delays are worsening each month.
Our Hardships:
This severe processing delay is affecting our lives enormously. We cannot be sure of our future. We cannot take vital decisions in our lives including marriage, home ownership, children’s education – to name just a few. Our career advancement is hampered because the applicant has to remain with the same employer (or) similar job in order to benefit from this adjustment of status. Most of the employers are taking advantage of the above restrictions and the severe processing delays. The frustration and uncertainty affects every aspect of our lives and careers.
Our Contribution to America:
We have all provided our dedicated efforts to this country when it was in dire need of specialty workers. The persons behind this petition include world renowned scientists, highly skilled computer experts, innovators, physicians, teachers etc. We are playing an important role in making the American corporations establish and maintain their leadership in US and global markets. We are now an integral part of almost every major American Corporation. Our continued presence is critically important for the growth of American business and the American Economy. While pursuing our American dream, we will continue to contribute towards making this country continue to lead the world technologically and economically.
Immigration Services and Infrastructure Improvements Act of 2000:
As per SEC.202. PURPOSES (b) POLICY, of the above law passed by Congress, ”It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application “.
Also, when he was elected, President Bush made a pledge to reduce the Immigration and Citizenship processing times for all types of applications to less than 180 days. While Congress has set 2006 as the target year for BCIS to achieve these results, the current applicants are in desperate need of an interim solution to address their immediate concerns.
Our Requests:
We request you to pass new laws or amend existing laws to address our problems. Some of our requests are :
1.Give higher priority to Employment Based I-485 applications :
It is historically obvious that when Legacy INS/BCIS prioritizes any processing tasks, Employment Based I-485 applications suffer. Some of these priority tasks undertaken include TPS, Religious workers cases, Asylum cases, etc. While we appreciate the urgency attached to these tasks, BCIS should not do this at the expense of EB I-485 applications. On an average each of us has been living in this country for more than 6 years. We have been working hard, paying our share of Taxes and making intellectual as well as monetary contribution to the system. We feel that , despite all evidence to the contrary, we are treated as irrelevant or otherwise an immigrant group of lesser importance. While so many bills were introduced and passed to give benefits to illegal immigrants, the problems of Employment based I485 applicants ,who always maintained valid legal status, were not adressed .
2. Increase the funding to Service Centres :
One of the main reasons for the processing delays is lack of enough resources to adjudicate the huge number of backlog applications. BCIS has expressed their inability to hire enough adjudicating officers because of funding problems. We request Congress to allocate additional fund exclusively for reducing the Employment based I485 applications.
3. Remove Restrictions on EB I485 applicants :
One of the main problems being faced by Employment based I485 applicants is the restrictions on job portability. Though " The American Competitiveness in the Twenty-first Century Act (AC21)" tried to address these concerns, it failed to remove all the restrictions on job portability. We request Congress to remove all the restrictions on job portability after 6 months from the date of filing the I485 application. The current restrictions require that an applicant can change the job provided the new job is a similar job with similar job duties. This leaves a wide scope for interpretation for BCIS.
4. Extend the validity period of EAD and Advanced Parole :
Currently the Employment Authorization Document (EAD) and Advanced Parole for adjustment of status applicants, is issued with a validity of 1 year. Since the actual I485 application processing is taking more than 20 months, all the applicants were forced to renew their EAD and Advanced Parole. This is not only resulting in loss of time and money for the applicants, but BCIS is getting burdened with unnecessary additional work. We request Congress to increase the validity period of EAD and Advanced Parole to 3 years. Please note that it is taking more than 2 years at Texas Service Center for an Employment based I485 application approval.
5. Approve Permanent Resident application of dependents if the primary applicant deceases :
During the Adjustment Of Status (AOS) period, if the Primary applicant dies in some unfortunate circumstances, then all the dependents are denied the Permanent Residentship and removal proceedings will be initiated against them. This is very unfortunate because in some cases the children might be in the middle of their college degree and they will have to abruptly discontinue and abandon their American dream. We request you to change the existing laws so that, during the Adjustment Of Status, if the Primary applicant dies six months after the date of Receipt, then the dependents applications should not be rejected. The dependents should not be punished for the processing delays at BCIS.
6. Amend Immigration and Naturalization Act (INA) :
INA Sec. 316. [8 U.S.C. 1427] states that “ No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years”.
The INA should be amended so that , for people who had obtained the Permanent Residency through Employment based adjustment of status, the five year lawful residency requirement should start from the day adjustment of status application (I485) is filed with BCIS. Alternatively, we suggest that the eligibility for citizenship application should be changed so that it requires the applicant to be a permanent resident and should have resided continuosly for 8 years with valid legal status to work
We request you to introduce a suitable bill to address the above issues. Your communication can be addressed to the Law Offices of Rajiv S. Khanna, PC, 5225 N. Wilson Blvd., Arlington, VA 22205. This office has consented in updating all of us upon your response.
Thanking you
Signed
Employment based I-485 Applicants and Sympathizers
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