Ocean Campaign #5 to Congressperson : Don Neufeld's Shameless Excuse and Foul Act

I've adapted my original letter to respond to Senator Barbara Boxer and an aid at her office. Feel free to change/modify to your needs.

***

Dear Senator Boxer and [name],

I am responding to you regarding a letter sent by [name] dated January 12, 2004 addressing my concerns with delays in adjudication of Employment-Based I-485 Adjustment of Status application at the California Service Center (CSC) of the United States Citizenship and Immigration Services (USCIS), formerly known as the Immigration and Naturalization Services (INS). My EB I-485 receipt number is WAC-##-###-#####. My alien registration number is ###-###-###.

First of all, I would like to thank you and [name] for contacting the CSC on my behalf. However, Congress has expressed repeatedly that the reasonable adjudication period is 6 months for immigrant benefit cases. Looking at CSC’s current progress report, it is adjudicating I-485 cases received on December 16, 2001. I must submit to you that the lag of 26 months to today’s date has already failed Congress’ standard of reasonable adjudication period. Apropos, it is unfathomable to me for the CSC to claim that I-485 applications are being processed within the current processing time.

My research of published USCIS/BCIS/INS’ monthly reports in the year 2003 also revealed another alarming fact the CSC may have neglected to present to you. During the year 2003, the CSC had only processed I-485 applications from November 16, 2001 to December 16, 2001. This evidence suggests that the USCIS has again failed to comply with legislations and Congress’ wish. Because of its unjust activities, a class action lawsuit has been initiated in the District Court of the District of Columbia (Complaint for Mandamus, Declaratory, and Injunctive Relief, Civil Action 03-2606, Judge James Roberson, Filed 22 December 2003).

Even though the USCIS is a government agency, it should never be above the law. Thus, I urge Senator Boxer to enforce legislations passed by members of the Congress and hold the USCIS to higher standards of service. I would also like to remind Senator Boxer of words by Thomas Jefferson, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. The unreasonable delay at the USCIS is unequivocally infringing upon my career and my pursuit of happiness. As a champion of human rights, I believe the Congresswoman will take appropriate actions to rein the USCIS.

Through the internet, I was able to find a group of concerned immigrants whom also filed their I-485s but find themselves in quagmire. Many of us have contacted members of the Congress for assistance. One of us was lucky enough to reach Representative Anna Eshoo and her assistant contacted Don Neufeld, Director of CSC for the USCIS on our behalf. I am submitting the correspondence between Congresswoman Eshoo and Don Neufeld for your review. In his response, Don Neufeld mentioned the El Salvadoran receiving Temporary Protected Status (TPS) immigrant benefits before I-485 applications. It is revolting to think that many legal immigrants such as myself pay taxes and contribute to the American economy and yet we are regarded as low priority by the USCIS. I also would like to bring to your attention that starting from April 2004, Don Neufeld is promising to appropriate more resources to reduce the processing time for Adjustment of Status applications (I-485) to 12 months or less by the end of September 2004. I encourage the Congresswoman to hold Don Neufeld to his words and improve the service at the CSC. Any further delays and broken promises would only create distrust among government agencies, its elected officials, and the people, whom the elected are supposed to represent.

In summary, I would like to request for Senator Boxer’s help to 1) contact the CSC of the USCIS and express her constituents’ frustrations with the I-485 processing delays; and 2) hold Don Neufeld to his promise and obtain specific plans to reduce the I-485 backlogs without more de-prioritizing of I-485 immigrant benefits.

I’m available for any comments at (###) ###-####. Thank you for your attention and your time.

***
 
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Hi, solarise,
It's so nice !!
I'd appreciate your posting your beautiful letters !!
I will send a letter with minor modifications to several Congressional members early next week.
You had better drive this kind of campaigns instead of me.
Originally posted by solarise
I've adapted my original letter to respond to Senator Barbara Boxer and an aid at her office. Feel free to change/modify to your needs.

***
...

***
 
kashmir - I think you're doing a great job making connections with Congressional Leaders and Aides. It's great we all have different skills to contribute to Project Ocean. Let us hope that our efforts will not be futile.

I'm researching the U.S. Constitution, namely the 14th Amendment and how the Supreme Court Justices have interpreted it. The 14th Amendment was designed to protect former slaves freed by the Emancipation Proclamation (Abolishing Slavery). I think it applies to us since the U.S. Constitution covers rights of its citizens and people on the U.S. soil. Seriously, some days I can relate our situation with the USCIS to the slaves who were trapped without any freedom. The 14th Amendment will make an effective argument and I just need to understand a little more to use it effectively.

There is another point I want to make. It is not true that Congressmen, women, and their aides can't help us because we can't vote. In order to have a successful career, politicians need 1) votes, and 2) money. We might not be able to vote, but all of us have friends who vote. There is also no laws prohibiting legal immigrants to make political contributions to support candidates during a campaign. If we bond together and pool our financial resources, we then become a special interest group, namely an "immigrant lobby" that can back a politican and influence policies. Money speaks volumes and if a Congressional aide turns down a request by us based on the fact that none of us can vote, he or she is making a grave mistake and definitely shouldn't be in politics. I have personally considered attending political dinners and smooze with politicans until I find someone to take care of the nasty USCIS, but I've found this forum and figured that collectively, we might have a shot to win or settle in our class action suit with acceptable results.

Bottom line is, we can't stop now and we should not hang our heads low. If we can unite through this forum, we will have a bigger voice and the Senators and Representatives will have to listen to us.
 
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Originally posted by solarise
There is also no laws prohibiting legal immigrants to make political contributions to support candidates during a campaign. If we bond together and pool our financial resources, we then become a special interest group, namely an "immigrant lobby" that can back a politican and influence policies.
Solarise,

Actually "immigrants" cannot contribute to the political process unless they have a green card or citizenship. :( If you contribute money the politician will be forced to give it back.

Your friends who are citizens or have permanent residence can contribute but not in your name.
 
List as of 2/29/2004

  1. kashmir - CA 14 AE - Fax/E-Mail
  2. HR_in_AZ - AZ ? - ?
  3. solarise - CA BB - Fax
  4. solarise - CA DF - Fax/Certified
  5. solarise - CA 08 NP - Fax/Certified
  6. solarise - all members of Subcommittee on Immigration - Fax
  7. askgc - CA DF - Fax
  8. askgc - CA 08 NP - Fax
 
140_takes_4ever - Thanks for clarifying my point. Yes you're correct that foreign nationals cannot contribute monetarily until they have become permanent residents. I try to craft my language to insinuate contribution during Senators and Representatives' re-election campaign once I become a permanent resident.

I have faxed and mailed to Senator Barbara Boxer. Will work on the other Representatives this afternoon.

#70031010000126164297
 
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Fax to Stark, Lofgren, and Honda

Here is the body of my fax:

I am writing to seek your help in reducing the processing delays at the California Service Center (CSC) of U.S. Citizenship and Immigration Services (USCIS).

My wife and I filed our employment based I-485 applications to adjust to permanent resident status (Receipt Numbers WAC-02-114-5xxxx & WAC-02-114-5xxxx) with the California Service Center of USCIS on 12 February 2002. It has been more than two years since we filed our applications, but USCIS is yet to adjudicate our application.

According to the processing time updates published by CSC, no significant progress has been made in adjudicating this kind of cases since 2002. This has resulted in a huge backlog at CSC and I am not sure if CSC has any viable action plan to clear the growing backlog in a reasonable period of time. This backlog is affecting the day-to-day lives of hundreds of thousands of green-card applicants waiting to hear from USCIS.

This problem is not unique to the California Service Center—The Texas Service Center (TSC) also has a huge backlog. However, because of repeated prodding by the Texas Congressman Lamar Smith and the Texas Congressional Delegation, the TSC has started processing the I-485 applications and is expected to reduce the backlog soon. I believe that a similar prodding of CSC by Congress members from California is the only way to get CSC to act on our applications. Therefore, I respectfully urge you to discuss this acute delay problem with the CSC director Mr. Don Neufeld and urge him to clear the I-485 backlog.

Thank you for your consideration.
 
I've sent faxes and certified mails to

Mike Honda #70032260000183878779
Zoe Lofgren #70023150000149508858
John Kerry (a shot in the dark here) #70023150000149508896
 
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List as of 3/2/2004

  1. kashmir - CA 14 AE - Fax/E-Mail
  2. HR_in_AZ - AZ ? - ?
  3. solarise - CA BB - Fax/Certified
  4. solarise - CA DF - Fax/Certified
  5. solarise - CA 08 NP - Fax/Certified
  6. solarise - CA 15 MH - Fax/Certified
  7. solarise - CA 16 ZL - Fax/Certified
  8. solarise - all members of Subcommittee on Immigration - Fax
  9. solarise - John Kerry - Fax/Certified
  10. askgc - CA DF - Fax
  11. askgc - CA 08 NP - Fax
  12. ErDr - CA 15 MH - Fax
  13. ErDr - CA 16 ZL - Fax
 
Faxed and mailed to Saxby Chambliss, Chairman of the Senate Subcommittee on Immigration, Border Security, and Citizenship and John Hostettler, Chairman of the House Subcommittee on Immigration, Border Security, and Claims

Senator Saxby Chambliss
416 Russell Senate Office Building
Washington, DC 20510
Phone: (202) 224-3521
Fax: (202) 224-0103

The Honorable John Hostettler
B-370B Rayburn House Office Building
Washington, DC 20515
Phone: (202) 225-4636
Fax: (202) 225-3284
 
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Faxed and sent to Senator Edward M. Kennedy and Rep. Shelia Jackson Lee:

Senator Edward M. Kennedy
317 Russell Senate Office Building
Washington, DC 20510
Phone: (202) 224-4543
Fax: (202) 224-2417

The Honorable Sheila Jackson Lee
2435 Rayburn House Office Building
Washington, DC 20515
Phone: (202) 225-3816
Fax: (202) 225-3317

I will work my way through everyone on the Subcommittee of Immigration, Border Control, and Citizenship/Claims in the Senate and the House. Anyone who wishes to join me please start mailing and faxing to the addresses I've posted.

In case I do not hear any response back, I plan to present all my records of mail and fax to the San Francisco Chronicle. I have friends who write columns for the Chronicle and they might be able to introduce me to writers or editors who would want to cover our story.
 
Originally posted by solarise
...
I will work my way through everyone on the Subcommittee of Immigration, Border Control, and Citizenship/Claims in the Senate and the House. Anyone who wishes to join me please start mailing and faxing to the addresses I've posted.

In case I do not hear any response back, I plan to present all my records of mail and fax to the San Francisco Chronicle. I have friends who write columns for the Chronicle and they might be able to introduce me to writers or editors who would want to cover our story.
Hi, solarise,
Thanks for your taking the initiative.
I will definitely join you to send letters to those Senators and House representatives.

Also, I will send a letter to San Jose Mercury and some media soon.

I also encourage everyone to join us.
-kashmir
 
Re: Faxed to Anna Eshoo (D CA 14th) 2/24/2004

Originally posted by kashmir
ImmigrationPortal.Com
5225 N. Wilson Blvd. Arlington VA 22205
Phone: (703) 908-4800
United for Dignity, Equality and Acceptance

February 24, 2004

Congresswoman Anna Eshoo
205 Cannon Building
Washington, DC 20515-0514
Fax: (202) 225-8890

RE: Don Neufeld's Shameless Excuse and Foul Act

Dear Congresswoman Anna Eshoo;

I'd really appreciate your hard working on the I-485 backlog issue at the California Service Center (CSC).

On 12/22/2003, CSC Director Don Neufeld excused, Because of the competing need to adjudicate approximately 60,000 El Salvadoran applications for Temporary Protected Status (TPS) prior March 9, 2004, we do not anticipate assigning any additional staff to process I-485s until the latter half of this fiscal year.

According to USCIS official processing time report, the processing dates at the CSC are:
Code:
[color=blue]Form                     date-> 02/20/2004  01/07/2004 days
-------------------------------^-----------^-----------^---
I-824 [B]TPS El Salvador[/B] initial   12/08/2002  11/30/2002  8
I-824 [B]TPS El Salvador[/B] extension 12/08/2002  11/30/2002  8
I-765 EAD on [B]TPS El Salvador[/B]    09/03/2003  08/30/2003  4
[B]I-485[/B] Employment based AOS      12/16/2001  12/16/2001  0[/color]
Obviously, the CSC has scarcely processed not only I-485 applications but also TPS El Salvador related applications. This means that Don Neufeld has been cheating not only I-485 applicants and ImmigrationPortal.Com but also unbelievably even Congressional offices !!

I know that you have been notified that he cannot comment any more due to pending litigation. However, we should never forgive his shameless excuse and foul act. Please talk with your colleagues and other Congressional members, and keep putting pressure on CSC Director Don Neufeld so that he would keep his promise to significantly increase resource allocations to I-485 adjudications beginning April 2004.

Sincerely,
(my signature)
(my address)
(my contact information)
WAC-02-124-***** (EB I-485)
pending at CSC for over 2 years since February 2002
According to the processing dates report as of 3/4/2004
Code:
Form                     date-> 02/20/2004  01/07/2004 days 03/04/2004
-------------------------------^-----------^-----------^---^----------
I-824 [B]TPS El Salvador[/B] initial   12/08/2002  11/30/2002  8   06/01/2003
I-824 [B]TPS El Salvador[/B] extension 12/08/2002  11/30/2002  8   06/01/2003
I-765 EAD on [B]TPS El Salvador[/B]    09/03/2003  08/30/2003  4   09/30/2003
[B]I-485[/B] Employment based AOS      12/16/2001  12/16/2001  0   12/16/2003
Also, according to USCIS Press Release,
USCIS has completed processing renewal EAD for more than 238,000 Salvadorans who have re-registered for TPS.
Congratulations !!

This means CSC has no competing need that Don Neufeld wrote to Anna Eshoo.
Let him keep his promise to significantly increase resource allocation to I-485 adjudications.
 
Let's hope Don Neufeld is true to his words.

I've faxed and mailed to John Edwards

Senator John Edwards
225 Dirksen Office Bldg.
Washington, DC 20510
Phone: (202) 224-3154
Fax: (202) 228-1374

I have my letters prepared for Howard Berman. However, the fax machine in his DC office is not responding. I will try again Monday morning.

If Don Neufeld invents a new excuse, I will blow my lid.
 
Faxed to Anna Eshoo Washington DC office


ImmigrationPortal.Com
5225 N. Wilson Blvd. Arlington VA 22205
Phone: (703) 908-4800
United for Dignity, Equality and Acceptance

March 5, 2004

Congresswoman Anna Eshoo
205 Cannon Building
Washington, DC 20515-0514
Fax: (202) 225-8890

RE: Don Neufeld's Promise after TPS El Salvador, and RFE Issue

Dear Congresswoman Anna Eshoo;

I'd really appreciate your hard working on unreasonable processing delay of the I-485 applications at the California Service Center (CSC).

On 12/22/2003, CSC Director Don Neufeld excused,
Because of the competing need to adjudicate approximately 60,000 El Salvadoran applications for Temporary Protected Status (TPS) prior March 9, 2004, we do not anticipate assigning any additional staff to process I-485s until the latter half of this fiscal year.
However, according to USCIS Press Release of 3/4/2004 as attached,
The U.S. Citizenship and Immigration Service (USCIS) today announced it has completed processing renewal Employment Authorization Document (EADs) for more than 238,000 Salvadorans who have re-registered for Temporary Protected Status (TPS).
This means the competing need that Don Neufeld mentioned disappeared.

Could you please check with Don Neufeld to keep his promise to significantly increase resource allocations to I-485 adjudications beginning April 2004 ?

Also, the only CSC has a standard operating procedure that if an I-485 has been pending for more than one year, a RFE (Request for Evidence) must be sent out to confirm that the applicant is still employed with the sponsoring organization. Could you please also request Don Neufeld to stop such a unnecessary procedure just delaying the process ?

Sincerely,
(my signature)
(my name)
(my address)
(my contact information)
WAC-02-124-##### (EB I-485)
pending at CSC for over 2 years since February 2002 !!

Attachment:
1) Don Neufeld's Letter to Congresswoman Anna Eshoo - 12/22/2003
2) USCIS Press Release - 3/4/2004
 
I am surprised that everybody is talking about the backlog of 485 and etc. but none of you guys have taken any initiative for the labor certification filed in California EDD for more than three yrs. and everytime you see it show the same month i.e April 2001 Time to do something

Raj
 
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