Program for regular 485ers?

M

mango_pickle

Registered Users (C)
Recently I have read about the pilot programs for concurrent filers. And then there are RFEs and 2nd FPs for WAC03 filers. So, what about regular 485 filers who have filed between Jan02 to July02 ? This is not fair. Can we not do anything about this injustice ? Why are we being singled out? How long will this stress continue? Is there any campaign that already addresses this issue?

Frankly speaking, I have never involved myself with any of the campaigns until very recently. Since Im a working mom, I never even thought of attending the town hall meetings. But that was just one excuse. Believe me, I could have faxed or emailed any number of senators/congress people, but I didn't. Initially (in the very beginning of the campains) I thought it might affect negatively on my GC, since I would be giving out my WAC and my fullname. Later after seeing the posts of people doing it, I wasn't as scared but then I thought, it was not gonna be any useful. Personally speaking, there were lot of ups and downs psychologically regarding our green card, ups being making a decision about not caring for green card. For the first time I participated in the email campaign for Mrs. Arumugam, because the story touched me. I just said I don't care, if Im helpful to someone, God will help me and my family. Then I saw a response from the senator's office. It was like wow! I can be heard. It probably was an automatic email, but still it was something more +ve than I thought. I think this one optimism added strength to go and do more similar campaigns. I still may not go to town hall meetings, but I will send emails, the one thing that I do everyday/every week to scores of my friends, for no apparent reason, but never did for one issue, that is causing us lot of stress.

One more reason why I thought I would email without fear, is that it can't get any worse. They can't cancel my GC because voicing about my and my co-immigrants problems with INS. At the most, they won't do anything. And I thought what have I got not participating anyway. More news like this pilot programs? Month after month, we thought of hearing the good news of the processing resuming the way it was earlier. There were lot of excuses as to why EB 485 was not a priority. Month after month, we thought now this ordeal would be over. But it does not seem so!! Dont know for how long?

I have seen that number of people have responded to the threads for individual months updates like Jan02 Updates posting whether they got RFE, 2nd FP etc., I think if all of the people who responded in those threads and the silent ones, support the camapigns they are intersted in, it might work for us. You donot have to be part of each and every campaign.

I donot want to urge anybody to get into these campaigns, but want each one of you, who have been waiting for more than 24months after filing 485, to atleast think!
 
Project Ocean E-MAIL Campaign #11c - CSC Director Don Neufeld

Thanks for your posting a wonderful message, mango_pickle !!

Even one of working mom has voiced up against injustice of the CSC.
If nobody takes any action, we all are chickens.

Project Ocean E-MAIL/FAX Campaign
#11c to CSC Director Don Neufeld
and/or Congressperson
Adjudicate LONG-PENDING Cases before Pilot Program for FAIRNESS
Target Number of Participants = 50
The project Kashmir weekend report of 4/11/2004 will not be posted unless this target number meets.

I encourage all I-485 applicants, who was not allowed to file concurrently, to join us.
123
 
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kashmir WAC-02-124 - sent 4/4/2004

Please post your WAC# (without last 5 digits), too.
Also, I recommend you Cc: to your representative.
-kashmir
Code: 
[color=red]
To: CSC Director Don Neufeld <Immigration.Reply@dhs.gov>
Cc: Congresswoman Anna Eshoo <annagram@mail.house.gov>

Subject: FOR THE PERSONAL ATTENTION OF THE DIRECTOR - CSC Director Don Neufeld

-------------------------------------------
FOR THE PERSONAL ATTENTION OF THE DIRECTOR
-------------------------------------------

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

April 4, 2004

US Citizenship and Immigration Services
California Service Center
Attn: Donald Neufeld, Director
24000 Avila Road, 2nd Floor
Laguna Niguel, CA 92677

RE: Adjudicate LONG-PENDING Cases before Pilot Program for FAIRNESS

Dear Director Don Neufeld;

We are pleased to know that finally you will attempt something
to reduce I-485 backlog at the CSC.
------------------------------------------------------------------------
At a liaison meeting between the USCIS CSC and AILA, the CSC Director
announced that CSC will attempt to adjudicate all new concurrently filed
EB-2, non- National Interest Waiver, I-140s and I-485s on a truly
concurrent basis within 90 days of filing.

He explained that the I-140 will be adjudicated within 90 days, together
with the I-485, provided fingerprints and name checks are cleared in
time. The CSC will also target previously-filed, non-NIW EB-2s, in order
to bring their processing times down to match the pilot program
processing. Additionally, the CSC will concurrently adjudicate pending
adjustment/I-140 applications in all categories, in order to bring
processing times to below one year; however, AILA was told to expect
little movement on lone-filed I-140s during this push. This pilot
project will be at only the CSC at this time.
------------------------------------------------------------------------
We confirmed that in March 2004 the CSC had issued hundreds of RFEs
to late WAC02 and early WAC03 non-NIW EB-2 I-485 applicants
(but some of them had not concurrently filed I-485 with I-140).

In my understanding, if the CSC adjudicates I-140 together with I-485,
the CSC may not verify applicant's employment again for I-485,
so the CSC can adjudicate both I-140 and I-485 within 90 days.

However, I cannot understand at all why it helps I-485 backlog reduction
to adjudicate non-NIW EB-2 I-485 cases filed in late 2002 and in 2003
instead of long-pending cases filed in 2001 or in early 2002.

Moreover, I strongly feel that it is a kind of DISCRIMINATION to
early WAC02 applicants who has filed before USCIS' allowing concurrent filing.
Most of those old applicants have been waiting for over 2 years
and had to wait I-140 approval for another several months before filing I-485.

For past two years, we have been always told that our cases cannot be expedited
because the CSC was currently processing cases filed in 2001.
Even though the current processing date is 1/9/2002,
how can the CSC justify to adjudicate cases filed in late 2002 or even in 2003 ?

Actually, I received a letter from HQ of USCIS in December 2003
as a response to USCIS Director Eduardo Aguirre, and it described:
> Currently, the California Service Center is adjudicating
> employment-based applications which were filed on December 16, 2001.
> Nothing can be done, in the interest of FAIRNESS to those
> who applied before you did, to expedite the adjudication of your application.

You have to show us the FAIRNESS before starting the pilot program.

I urge you to adjudicate long-pending I-485 applications immediately
before the CSC starts adjudicating newer cases under the pilot program.

Best regards,

(my name)
(my address)
(my contact information)
WAC-02-124-##### (I-485 EB-1)
pending for 25 months (over 2 years) since February 2002 !!

*******************************************
ImmigrationPortal.Com
5225 N. Wilson Blvd. Arlington VA 22205
Phone: (703) 908-4800
United for Dignity, Equality and Acceptance
*******************************************
[/color]
 
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Originally posted by mango_pickle
...
I have seen that number of people have responded to the threads for individual months updates like Jan02 Updates posting whether they got RFE, 2nd FP etc., I think if all of the people who responded in those threads and the silent ones, support the camapigns they are intersted in, it might work for us. You donot have to be part of each and every campaign.
...
Click to expand...
TO: those who has posted at the following threads;
Let's join us !!
 
Please add JUNE 2002 filers...

Kashmir

I am a June 2002 filer. Even I have not received any RFE, so probably should be included in your radar.

thanks

Sri
 
Re: Please add JUNE 2002 filers...

Originally posted by sri3440
Kashmir
I am a June 2002 filer. Even I have not received any RFE, so probably should be included in your radar.
thanks
Sri
Click to expand...
Of course, you're welcome, sri3440.
 
Email sent.

Modified Kashmir's version to a shorter one.

-----------------------------------------------------------------------------

To: CSC Director Don Neufeld <Immigration.Reply@dhs.gov>
Cc: Congresswoman Anna Eshoo <annagram@mail.house.gov>
Subject: Fairness to Old I-485 Applicants While Concurrently Adjudicating I-485 and I-140??

Dear Director Don Neufeld,

Along with other members of ImmigrationPortal, I am writing requesting your attention to:
Adjudicate LONG-PENDING Cases before Pilot Program for FAIRNESS!!

You announced that "CSC will attempt to adjudicate all new concurrently filed EB-2, non-National
Interest Waiver, I-140s and I-485s on a truly concurrent basis within 90 days of filing" at the recent
meeting between the USCIS CSC and AILA. We are pleased to know that finally you will attempt
something to reduce I-485 backlog at the CSC. The concurrent processing of I-140 and I-485 is
especially surprisingly good news for the late I-140 and I-485 concurrent filers. However, it severely
scared and upset the old applicants like myself, who were told to expect approval in 5 months at time
of I-485 submittion, and now after over 2 years' waiting, heard that cases submitted far later than theirs
are to be approved first.

We know you have always been aware of the fairness to all the applications. As I mentioned in my
earlier email to you, I still believe you understand how stressful it is for those long term waiting applicants
to struggle their life. If you plan to start the concurrent adjudication of I-485 and I-140 before the
completion of those long term pending old I-485 cases, doesn't it mean extreme unfairness to those
applicants who have been waiting for their green card for 3 years since the submission of their I-140?

I urge you to prioritize the process of cases submitted in late 2001 and early 2002, and distribute your
resource to these cases before any later submitted ones!

Thanks for your attention.

Best regards,
<my name>
<my address>
<my contact>
WAC-02-068-#####
 
CSC Director Don Neufeld announced that California service Center is planning to work on two pilot programs.

CSC first pilot program is to adjudicate all new concurrently filed EB-2, non- National Interest Waiver, I-140s and I-485s on a truly concurrent basis The CSC also will be targeting previously-filed, non-NIW EB-2s, in order to bring their processing times down to match the pilot program processing. Additionally, the CSC will concurrently adjudicate pending adjustment/I-140 applications in all categories, in order to bring processing times to below one year

The second pilot program involves filing I-90s electronically and for the Los Angeles district this program already started. When the applicant goes to the ASC for biometrics, the ASC will "push the button" to cause the I-551 card to be manufactured and mailed immediately. The cards will not be made at the ASCs, but the ASCs will be linked to the card facility. Again, this is for only electronically filed I-90s, and only for the Los Angeles district.

I-90s for children turning 14 cannot be filed electronically.


This was posted on immigration.com USCIS updates section.
They are still to target regular 485's
 
To share with mango_pickle and all

My 11 year old taught me that "There is nothing to fear except for fear itself."
 
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I strongly feel that we need better strategy on this matter. Besides sending email to Don Neufeld, we probably should contact people who directly or indirectly supervise him, or someone who can influence him, and request their interfere with this situation.

Ombudsman Prakash Khatri? Tom Ridge? Why AILA doesn't say anything about it at the meeting?
 
http://www.immigration-law.com/Canada.html

04/04/2004: USCIS Pilot Immigration Adjudication Programs Needs Backlog Reduction Initiatives in Parallel
  • As we reported recently, the USCIS will soon launch pilot short-cut immigration adjudication programs, starting with the Dallas District Office for the non-employment based I-485 applications and the California Service Center for the employment-based EB-485 applications. Both of these pilot programs are targeting at adjudication of I-485 applications within 90 days of filing.
  • These programs are at least initially limited to the "new filing" cases at the time of their launch of the pilot programs. The concept appears to have been derived from the notion that once new filing cases are quickly adjudicated, then the huge backlog cases which have been clogged in the pipeline may also be benefited because of additional adjudication resources which are made available by the shortened adjudication of new cases.
  • However, there is a question of "fairness" for those who have been suffering for years because of the backlog. The old timers may rememer that in 1998, there was a huge I-485 backlogs because of the CIA clearance problem for about a year. In an attempt to deal with the clogged immigration system, the Legacy INS adopted a similar policy at the time to adjudicate later-filed cases ahead of the old cases to avoid repeated refingerprinting process which would add the caseloads to the agency. When the agency resumed the pace of the backlogged I-485 cases, late-filing cases started seeing reduction of adjudication time, but old-filers had to experience years of delays because of the refingerprinting and additional securiy process. It is submitted that the agency should not repeat the practice of unfairness.
  • It does not mean that this web site does not support the pilot programs. We do. We strongly support the bold move. We just want to encourage the USCIS to initiate a similar move for existing backlog reduction in order to maintain some level of "fairness"in management of adjudication function. One way to reduce the existing backlog could be to launch a "proactive" submission of evidence instead of responses to the RFE. Without doubt, the current practice of issuing RFEs at least one or even two or three times in almost every EB-485 case must be creating huge workloads which lead to the tremendous backlog. The backlog then creates additional workloads for "refingerpring" after 15 months, which again leads to further backlog. A vicious circle. In fact, this web site proposed quite earlier to the INS to reinstate the "Proactive Filing of Evidence" which was adopted by the Nebraska Service Center for a year or two a few years back. Proactive filing means that the EB-485 filers voluntarily collect the additional evidence to update the eligibility of I-485 application such that the agency does not have to issue RFE. No one knows why such practice has been suspended in the Nebraska Service Center. We strongly urge the USCIS to consider such practice as one of the devices which the USCIS may develop to reduce the existing backlogs. The idea of issuance of EAD for more than a year which may become a reality in the future along with the idea of using EAD or Advance Parole as authorization for both work and travel instead of issuing two separate applications/documents is another terrific idea which the USCIS has been pushing. We compliment the agency for the creative ideas. Here, we are just addding one additional idea which we hope the agency will take a look at more seriously. "Fairness" should be a paramount goal in the admnistrative proceedings, in the humble opinion of this reporter.
 
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