Project "Ocean" : Become a U.S. Citizen by 2008 Election !!

Rajiv's message
As to what you folks can do:
Contact friends and family. Contact the media. Contact community orgaizations, other online forums like we have here, sympathetic employers... the more people, the better. Make everyone aware of the issues. I will tell you this, one or two articles about your problems in national news will get the ball rolling. CIS will not settle without some more public pressure.
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Re: Bill (draft)

I will start talking to some Congressional offices about amendment of INA.
-kashmir
Originally posted by kashmir

SEC. 102. FIVE-YEAR RESIDENCE REQUIREMENT FOR NATURALIZATION
(a) Section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1427(a)(1)) is amended by inserting "after the application for the adjustment of status is filed or" before "after being lawfully admitted for permanent residence".
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Re: Litigation update

Originally posted by kashmir
Pending I-485 Litigation - The Compaint (forum)
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No surprise. I feel bad for the US government for such an answer, and for those sufferers who knew this lawsuit but didn't sign the petition which resulted in the disqualify of class action.
 
I read most of the statments . It looks for me is a relpy from a typical lawyer/ lawers gang seating somewhere and scraching head for 90 days to reply,which he/she could have denide every thing in one day as his part of job. It is very common and expected kind of reply from the defendants. every opponant will always deny . It is upto the judge to study the facts and rule. Lets see . Time will tell how far are we.
 
Originally posted by kash777
I read most of the statments . It looks for me is a relpy from a typical lawyer/ lawers gang seating somewhere and scraching head for 90 days to reply,which he/she could have denide every thing in one day as his part of job. It is very common and expected kind of reply from the defendants. every opponant will always deny . It is upto the judge to study the facts and rule. Lets see . Time will tell how far are we.
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However, it could have been somewhat different had we made it qualify class action, by enough people ONLY signing the petition.

SIGH
 
it sucks

The answer sucks.
It is a shame that we were not able to be considered for a class action.

I do not believe congressmen/women can do, or let me rephrase it, are willing to do something for us: we are not voters (yeah...maybe in 5+ years) and right now immigrants "stink" (no pun intented for anybody - but this is the reality nowaday)

I think we should push for press recognition: newspapers, radio....(so far my efforts did not produce any results)
Maybe as a group...
 
Class action motion is not over yet. USCIS is not agreed to it but court will decide whether to grant it or not. It is due by end of April.
On a related note, we haven't submitted any signatures yet.
See Mr.Khanna's note:
http://www.immigrationportal.com/showthread.php?s=&threadid=117314#post719039

Although, I am disappointed with USCIS’s response, after reading the response document, I am fairly optimistic that court will throw out some of their “not accountable for anything” arguments.
 
Rajiv - Thank you all

Rajiv's message
Originally posted by operations 1st April 2004 03:50 AM
I need every one's input. All view points including those I disgree with are welcome.

What does this all mean? Nothing. They could have drafted a more fair response and narrowed the controversy. They chose not to do so. This is their right as defendants. But I find it shameful that our government litigates in a manner calculated to waste the time of the courts rather than achieve justice.

Just because they deny facts or law does not alter either. If they wish to go to trial, we will line up the court with witnesses who can testify as to the harm suffered.

Agreed, they have strong legal arguments. the strongest one being the separation of powers - normally - court will not tell an agency how to run its business. Nevertless, it is upto the court to intervene or not. That is why we are here, in court.

What will we do? We will fight - win or lose. And as a community, we will never again be treated with disregard. We will try always to fight for the right cause - win or lose. It is the struggle that is important.

We must simultaneously approach Congress for help and not just fight on the judicial front.

The first big test in this litigation would be the determination on the class action. Let us see where that goes.

Hang tight. I will keep you informed.

We need some more ledearship amongs you folks. More people to plan, organize, move.

Just my two cents. My warmest regards to all of you.
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Excuse my pessimistic.

If we can't make the case qualify for class action, I don't see any chance for the community to get any thing out of it.

There are millions of cases pending, multi thousand means 0.1%.
If more than 99.9% can bear the current situation, who would seriously think there is a problem?

Signing the petition is equivalent to saying "dear government, I am suffering more than I can bear!" It won't hurt. Why not just stand up and let your voice heard?

"United We Stand" has a Chinese version, which is "Ò»¸ù¿ê×ÓÈÝÒ×Íä, Ê®¸ù¿ê×Ó²»Ò×ÕÛ". I believe there are many other versions in the universe.
 
I agree we must continue our fight.

I received a piece of encouraging news from my lawyer today:

*****
CSC Director Don Neufeld announced at a March 31, 2004 AILA liaison meeting that the USCIS will be embarking on two new pilot programs to experiment with different approaches to processing.

Starting shortly, 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. Instead of a prima facie review, 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 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; 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.

Current I-485 processing at the CSC - and the other three regional USCIS processing centers - averages 24+ months. In 2000, the US Congress instructed the government to complete the processing of I-140s and I-485s in 180 days or less in order to make America more competitive.

Time will tell whether the USCIS will now comply with the 2000 law or if the US Congress cares enough to have the law enforced.

*****

Hopefully this is not another gimmick to win Bush more votes. I am sick and tired of lies and deception by the USCIS, especially the CSC. Don Neufeld's comments leave out much details. 1 - He never specified a concrete date as to when the pilot program would be implemented. 2 - The duration of this pilot program is unknown. 3 - Pilot programs have been enacted in the TSC but retracted immediated due to unmanagable demand. Nevertheless, I take Don Neufeld's comments as a positive step towards reducing the backlog.

We still need to influence the Congressional leaders so they will be on our side to enforce American Competitiveness in the 21st Century Act. I encourage us all to stay together and contact our Senators and Representatives to keep Don Neufeld honest and make sure no immigrants will suffer again in the hands of the USCIS.
 
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Re: Re: Bill (draft)

Originally posted by kashmir

--------------------------------------------------------------------------------
Originally posted by kashmir

SEC. 102. FIVE-YEAR RESIDENCE REQUIREMENT FOR NATURALIZATION
(a) Section 316(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1427(a)(1)) is amended by inserting "after the application for the adjustment of status is filed or" before "after being lawfully admitted for permanent residence".

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This is good but do not encompass some categories of immigrants.
For example one can be at a DOL certification process for more then 5 years. So adjustment of status is not applicable.
Can the phrase
"after the application for the adjustment of status is filed or"
be changed to
"after the application for the permanent status is filed or"
Or something similar to reflect those who fall under DOL backlog mill ?
 
Re: Re: Re: Bill (draft)

Originally posted by BMP
This is good but do not encompass some categories of immigrants.
For example one can be at a DOL certification process for more then 5 years. So adjustment of status is not applicable.
Can the phrase
"after the application for the adjustment of status is filed or"
be changed to
"after the application for the permanent status is filed or"
Or something similar to reflect those who fall under DOL backlog mill ?
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Hi, BMP,
Thanks for your suggestion.

I'd like to cover all terms not only I-485 pending but also I-140 and LC.
However, I think "the application for the permanent status" is not clear in INA.

Can you read related part of INA and suggest appropriate words ?
 
Re: CLOSE ALL CAMPAIGNS EXCEPT #13

I cancell all my campagins including #13.
Originally posted by kashmir
I will close all fax/e-mail campaigns that I have started except #13 for a while.
You don't need to fax or send e-mail to participate in the campaign.
It's just a donation to ImmigrationPortal.Org.

Project Ocean Campaign #13a
Make Your Contribuion Today !!
target number of contributions 15 by 4/18/2004
Project Kashmir weekend report of 4/18/2004 will not be posted until we meet the target.
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my summary of fax/e-mail campaigns

We have been doging dozens of fax/e-mail camaigns for last several months.

1) USCIS, CSC, or Don Neufeld
They totally ignore our letters.

2) DHS Ombudsman
unknown

3) Congressperson or Senators
They usually response only to residents in their district, however, they come to aware of ImmigrationPortal.Com.
An immigration case worker at the district office is sometimes very useful for an individual case.
We need to contact to the staff at Washington D.C. office about policy or legislation on immigration.

4) Media
If we can provide a strong story, it would have an impact.

5) Arnold Schwarzenegger
maybe useless

In conclusion, it's the most effective contacting Congressional member's Washington D.C. offices.
 
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