*** Our Request for Production of Documents and update***

Good point dsatish!
For instance take my case. For my wife and me LUD is not changed since Dec 15 2003. That means no one knows what’s going during this 8 months period of time.
How can we believe them?
Nothing is concrete. Even the ONLINE system is of NO USE. For some cases status changes. For some nothing happens. EVERYWHERE IRREGULARITIES...
 
the director's plan for reduction of backlog

One of the points Mr. Aguirre had in the backlog reduction plan document was 'improved customer service', 'online status checking' etc. I agree these are nice features from a customer point of view, but HOW do these things help in reducing backlog??
 
I-140 and AC21

Mr Rajeev,

If INS atleast agree that all I-140 cases pending for more than 180 days can make use of AC21 while this case is going on then i believe many people will be relaxed to some extent.

I have personally experienced and i am sure there are many in the same loop.
The career growth is on stand still for all people who are waiting for I-140 approval coz we can't use AC21.
 
Security Docs (posted in another thread)

Discovery / Documents / Security Checks

Reference wrt Security Checks:
GAO report GAO-04-260.
Fingerprinting and Biographical CheckServices Provided by the FBI to the INS.
http://www.immigrationportal.com/sh...41&page=1&pp=15

Documents wrt EB I-485 Security Checks:

1: Any SOP references to Finger Print procedures: First, Second, etc.
What triggers the First, what triggers the Second? How does this fit into the main management tool used? Is it CLAIMS I or II?
2: Any documents wrt USCIS and other agencies Security Checks communication: FBI, CIA, DOS, DOL, DHS and DOJ and Department of Commerce (Export Control) and DoD.
3: Any documents and requests to FBI wrt Finger prints and Biographical Information form G-325A and Name Check.
4: Any documents wrt IBIS checks. Who is doing it, how often and what the validity is? Is it still done at the front and the back of every application?
Are all the Service Centers and District offices equipped with IBIS experts and IBIS software computers? Is there any change in the validity from 35 to 90 days?
5: Any documents, letters, communication between the USCIS (INS) and any other Federal agency wrt Security checks, including the GAO and OIG Audit Division from the mid-90s.
6: Any documents wrt STORING the FPs by USCIS.
7: Any documents wrt Procedures for "hits" and "possible hits".
8: Any documents with any changes in Security Checks procedures in 2002.
9: Any documents wrt Fraud prevention procedures and letters, communication to GAO wrt Fraud report.
10: Any documents describing in detail all procedures wrt Security Checks and the CIS interaction with other Federal agencies.
11: Any documents and accounts wrt load/resources management and IBIS checks. Why are 25% of all adjudicators doing IBIS checks?
12: Any documents regarding appropriations, budgets and NEW HIRINGS.

Note: Letters and communication with other Federal agencies are also important to show the picture. In the past USCIS or INS sent promises and
letters to Congress, the GAO and OIG to fix problems but in vain.
 
ny178 said:
Mr Rajeev,

If INS atleast agree that all I-140 cases pending for more than 180 days can make use of AC21 while this case is going on then i believe many people will be relaxed to some extent.

I have personally experienced and i am sure there are many in the same loop.
The career growth is on stand still for all people who are waiting for I-140 approval coz we can't use AC21.
Click to expand...

Mine(I-140 Concurrent filing,TSC) pending for 600 days!
 
If we keep asking for too many documents then I am sure we will be thrown out for going on a fishing expedition.
If we want to suceed we should first try to convince the judge that the backlog definition itself is incorrect. Backlog should be defined simply as anything that takes more than the time specified in the initial receipt. Also if this time specified is unreasonable in the first instance then that could be tackled with the mandamus approach. If USCIS tries to deflect the delays on to another agency such as FBI then we should fight that. The buck should stop at the USCIS. We know that in certain cases name check does take a very long time. USCIS is going to use that as an excuse for the uneven processing times. We should therefore predict what USCIS's legal attack would be and ask for documents to preempt that in the discovery process.
If we ask for information that possibly would not exist on a computer system then we should not ask for that because they could ask us for more time to produce that information. Also if we should ask information which is linked. For eg. if we ask for longest processing times then we should also ask for information on the possible causes as we know today. This would us from going back and forth and make us appear like fools on a fishing expedition before the judge.
 
isn't USCIS supposed to perform security checks before granting any immigration benefit? if so, then how come they get security clearances to give people EADs and APs but not to adjudicate I485s????? am i missing something here???? or are we all missing the obvious????
 
Ok

rk4gc said:
Rajiv,

I think we need to get documents related to new PILOT programs too.
We need answers for these questions.

1. Where they are with the PILOT program ?
2. What's the current assesment on PILOT program with respect to Backlog reduction?
3. What's criteria in selecting a case for the PILOT program.
Click to expand...


OK
 
OK, Cinta

cinta said:
Discovery / Documents / Security Checks

Reference wrt Security Checks:
GAO report GAO-04-260.
Fingerprinting and Biographical CheckServices Provided by the FBI to the INS.
http://www.immigrationportal.com/sh...41&page=1&pp=15

Documents wrt EB I-485 Security Checks:

1: Any SOP references to Finger Print procedures: First, Second, etc.
What triggers the First, what triggers the Second? How does this fit into the main management tool used? Is it CLAIMS I or II?
2: Any documents wrt USCIS and other agencies Security Checks communication: FBI, CIA, DOS, DOL, DHS and DOJ and Department of Commerce (Export Control) and DoD.
3: Any documents and requests to FBI wrt Finger prints and Biographical Information form G-325A and Name Check.
4: Any documents wrt IBIS checks. Who is doing it, how often and what the validity is? Is it still done at the front and the back of every application?
Are all the Service Centers and District offices equipped with IBIS experts and IBIS software computers? Is there any change in the validity from 35 to 90 days?
5: Any documents, letters, communication between the USCIS (INS) and any other Federal agency wrt Security checks, including the GAO and OIG Audit Division from the mid-90s.
6: Any documents wrt STORING the FPs by USCIS.
7: Any documents wrt Procedures for "hits" and "possible hits".
8: Any documents with any changes in Security Checks procedures in 2002.
9: Any documents wrt Fraud prevention procedures and letters, communication to GAO wrt Fraud report.
10: Any documents describing in detail all procedures wrt Security Checks and the CIS interaction with other Federal agencies.
11: Any documents and accounts wrt load/resources management and IBIS checks. Why are 25% of all adjudicators doing IBIS checks?
12: Any documents regarding appropriations, budgets and NEW HIRINGS.

Note: Letters and communication with other Federal agencies are also important to show the picture. In the past USCIS or INS sent promises and
letters to Congress, the GAO and OIG to fix problems but in vain.
Click to expand...


Good points. Thanks.
 
functionalalert said:
Dear Mr. Khanna,

If you can personally explain to Ms/ Ohata while she may have good intentions,the worst suffering class are those who cannot use AC21 as a result of her memos. they are affected more than ever.

Please ask her to consider allowing freedom to move jobs after 180 days of i-140 and i-485 per murthy this is not required by law but their interpretation of it and this is causing pain and suffering. per some discussuion on murthy chatsite it appears she holds the view that this interpretation can be challenged via a court.
Click to expand...
http://www.usavisanow.com/06-25-04-a.html

Makes sence and May be challenged and win if USCIS takes an year to 2 years(the way it is now) to process I-140 filed concurrently as there is no possibility for AC21 Portability and real meaning of AC21 law itself. But, there is no clarification until now on this interpretation of AC21 Portability before I-140 approval. May be Mr. Khanna or Senior people in the forum can throw some light on challenging AC21 Portability rule with no I-140 approval
 
I will think about this folks

sreddy88 said:
http://www.usavisanow.com/06-25-04-a.html

Makes sence and May be challenged and win if USCIS takes an year to 2 years(the way it is now) to process I-140 filed concurrently as there is no possibility for AC21 Portability and real meaning of AC21 law itself. But, there is no clarification until now on this interpretation of AC21 Portability before I-140 approval. May be Mr. Khanna or Senior people in the forum can throw some light on challenging AC21 Portability rule with no I-140 approval
Click to expand...


Let me give it some thought.
 
operations said:
I was not aware of this. Thanks.
Click to expand...
HARDSHIPS -- Driver's license
Kentucky issues driver's license to non-citizens only till the validity of their visa. I-485 AoS applicants are given licenses till the validity date of EAD/Advance parole or one year from the USCIS receipt notice for these applications. There are only about 6 DMV offices in entire Kentucky that approve such cases and you need to go to a DL office with the papers to get the license.
This constitutes hardship as the normal validity of a license is five years.
 
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