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

Mike Honda (D CA 15) Open Houses 8/23-27

http://www.house.gov/honda/

Campbell/Los Gatos Town Hall
Campbell Community Center
Monday, August 16th
6:30-7:30 pm
1 W. Campbell Ave.
Campbell, CA 95008
Roosevelt Room Room Q-80

Santa Clara Town Hall
Santa Clara Senior Center
Monday, August 23rd
6:30-7:30 pm
1303 Fremont St.
Santa Clara, CA 95050

Gilroy Town Hall
Solorzano Middle School
Tuesday, August 24th
6:30-7:30 pm
7121 Grenache Way
Gilroy, CA 95020

San Jose Town Hall
Wednesday, August 25th
6:30-7:30 pm
70 W. Hedding St.
Isaac Newton Senter Auditorium
San Jose, CA 9510

Milpitas/Berryessa/Alviso Town Hall
Thursday, August 26, 2004
6:30-7:30 pm
Milpitas Community Center Auditorium
457 East Calaveras Blvd
Milpitas, CA 95035

Cupertino Town Hall
Cupertino City Council Chambers
Friday, August 27
6:30-7:30 pm
10300 Torre Avenue
Cupertino, CA 95014-3232
 
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Shocking

I am in shock right now. My I485 was submitted back in Nov 2002 and I still have not received any decisions or RFEs.
 
Reminder: Mike Honda (D CA 15) Santa Clara Town Hall Meeting Today !!

Mike Honda (D CA 15)
Santa Clara Town Hall

Santa Clara Senior Center
Monday, August 23rd
6:30-7:30 pm
1303 Fremont St.
Santa Clara, CA 95050
 
kashmir said:
Mike Honda (D CA 15)
Santa Clara Town Hall

Santa Clara Senior Center
Monday, August 23rd
6:30-7:30 pm
1303 Fremont St.
Santa Clara, CA 95050
askgc (I-140 CSC forum), fellow_lpr, bkarth (V Visa forum), and I (kashmir) attended the town hall meeting today.
We talked directly with Mike Honda to push our agenda, and had the detail discussion with Ms. Bernardette Arellano.
 
askgc - Spoke with Congressman Michael Honda (CA 15)

kashmir said:
askgc (I-140 CSC forum), fellow_lpr, bkarth (V Visa forum), and I (kashmir) attended the town hall meeting today.
We talked directly with Mike Honda to push our agenda, and had the detail discussion with Ms. Bernardette Arellano.
Here is askgc's report.
askgc said:
Spoke with Congressman Michael Honda (CA 15)

I have attended the town hall meeting alone from I-140 forum.
Kashmir as expected was present and there were couple of people
from immgrationportal fighting for spouse joining GC holders (HR 3701).

I have met Mr Jeff of MH team who took privacy release form from me
in my last visit to their office. He said the he has not heard anything from
USICS regarding the fax they made to USCIS. I have given the docuemnt to
the representative of Congressman.

MySelf and Kashmir waited to meet congrressman after the townhall
meeting. MH is very knowldegable and he himself said oh this is
about AC 21 portability. He asked me question saying that how can they
(USCIS)do that (override a law with memo)? then he himself said that is what
you are requesting me to look into. He said will definitely follow up with
USCIS.

Later we have given another copy to one another staff of MH as he pointed
and told that we spoke with congressman. She also pointed us to Bernardette
Arellano, who is the immigration policy person in MH team. We spoke with her
and she said that they will write to USCIS team asking to explain about the
whole stuff. She said she will take me as point of contact for immigrationportal.com
representation and took my details and another copy of the same document.

Finally I was told I will hear from them as soon as they hear from USCIS.
Hope this helps. Thanks a lot kashmir. I felt very good after the whole event.
 
other progress at I-140 CSC forum

Want_AP said:
Got an e-mail reply from Congresswoman Lofgren's office

Got an e-mail reply which stated that "She is very concerned with the tremendous backlog of all types of applications" and recommend me to contact Congressman Dreier's office. I replied to the e-mail with asking Congresswoman Lofgren to ask USCIS to reinterpret AC21 so that the candidate is allowed to use AC21 i.e. change jobs after 180 days has passed by after filing I-140 and I-485 concurrently, irrespective of I-140 status.

Visited CA District 26 David Dreier's office.

sindhiguy said:
Received letter from Anna Eshoo's Office

The office acknowledged they received my fax and she has contacted CSC on our behalf(regarding the I-140 delays) and will keep us in touch as soon as she hears anything from the CSC.

In the interim she said to contact Patty Kim with any questions.

===========

Additionally, from my company lawyers I heard that this issue was raised today morning in a meeting in Washington, and the CSC pointed out to the reduction in I-485 backlogs and said that they will go aggressively after the I-140 backlogs next.
 
askgc @ I-140 CSC forum

http://immigrationportal.com/showthread.php?p=887646#post887646

askgc said:
Actually first time when we (self and gc369) went to MH office they said
they are already working with USCIS about backlogs along with
Congresswoman ZL (CA 16), Congresswoman AE(CA 14).

I got the same doubts about the lawsuit when Bernardette said that there
is lawsuit. I guess they might be refering to our lawsuit on I-485 backlog.
This is where it helps if there are more people then they can ask such
questions.

Bottom line I am planning anyway to attend one more townhall meeting on
this friday (6:30 - 7:30PM). Can you and/or somebody else join me? May
be you can modify/prepare the doc to address backlog and I agree it is
benificial to everybody. We should explain saying lawsuit is on 485 and not
140 may be (or) check with them saying is there any other 140 backlog suit.

By the way I was alone from the 140 forum and if more people come
then it makes difference. Please understand that we (immigrationportal.com)
already have recognition. Also lot of people from immigrationportal who got
green cards like (kashmir,140, dm, ... etc) are also coming for this townhall
meeting. Details of townhall meeting are below.

Cupertino Town Hall
Cupertino City Council Chambers
Friday, August 27
6:30-7:30 pm
10300 Torre Avenue
Cupertino, CA 95014-3232

By the way I am not very happy with the support / motivation from 140
forum. We need to follow up and do more. Unless we go meet our
representatives, attend town halls and keep on sending one or the other
mail / fax nothing is going to happen. I have participated in 485 forum before
and the conditions back then were very bad. Will you believe me if I say I got
all the times from congressman MH earlier saying I will work for only citizens
from my CA 15 ... when I was writing about 485 delays. I thought I will try
again by going to his office. Things are changed and I got very good
reception at his office. This change is because of the amount of pressure 485
forum has put, this year is election year. If we cannot get the
representatives now moving then we cannot get anything any time.

Also AE (CA 14) worked very extensively for 485 as Kashmir went on meeting
her her at townhalls and office. She remembered him and called him by his
name and answered his questions in one of the townhall meetings during
last december I guess. This is the reason whorl1quote got a good reply from
AE (CA 14). As I was mentioning earler goto your representative's website
find what they are doing for us, praise them and go requesting either it is for
commuinty or personal.

Going back following up with congress people help? Yes ablsoutely, we have
seen in CSC 485 processing. I am not saying only due to this, there is pressure
from all sides, meaning Rajiv thru lawsuit also. To give very specific
example congressperson Linda Sanchez made his Service Center approve GCs
faster by putting pressure on their Service Center. Few people here
participate here but dont post it, so how will others know / get encouraged? I
was doing sometimes initally but then I changed.

Hope this helps.
 
USCIS Dilemma of I-140 Portability and Concurrent Filing/Concurrent Adjudication

08/25/2004: USCIS Dilemma of I-140 Portability and Concurrent Filing/Concurrent Adjudication

  • People may recall the background of enactment of AC 21 legislation. The legacy INS was in a total mess and backlogs kept piling up, particularly I-485 and H-1B processing. When the law was enacted, the employment-based immigration proceedings were bifurcated and unless I-140 was approved, no one could file EB-485. The backlog the Congress was interested in was I-485 applications and I-140 petition proceeding backlog was not within the parameter of the legislative intent. This is clear from the reading of I-140 portabilty provision under AC 21 and not well publicized portion of the legislation which strongly recommended the legacy INS to adjudicate I-485 in 180 days. It was a recommendation and not a mandate. The I-140 portability legislation was assumedly enacted to pressure the legacy INS to reduce I-485 processing times to 180 days. Bush's proclaimed announcement of immigration benefits processing time to 180 days was not a coincidence.
  • The problem is that the agency conceived the idea of concurrent I-140/I-485 filing prior to the enactment of AC 21 and apparently by the time it was enacted as a regulation, the agency probably did not review seriously the impact of the concurrent filing to the I-140 portability provision in the AC 21 Act. Consequently, the agency had to deal with the difficult task of reconciling between the legislative provision that allows the I-485 filers to change employment after 180 days of filing and the same legislative provision that provided portability of I-140 petition and not I-485 application. If this conflict was created by the agency for oversight, there are only two remedies available for the agency to correct their mistakes. One is to introduce a legislation to amend the relevant provision of AC 21 or better yet the agency process the concurrently filed I-140 petitions within 180 days so that the I-140 can be ported after passage of 180 days of I-485 filing. We realize the predicament of the agency to accept the concept of I-140 portability when I-140 has yet to be adjudicated. When there is no approved I-140 petition, at least theoretically, there is no I-140 to be ported.
  • Unfortunately, the agency has been moving completely opposite direction when it announced concurrent adjudication of I-140/I-485. Since the announcement, the concurrently filed I-140 has been held hostage assumedly in order for the agency to adjudicate I-140 and I-485 concurrently. The backlog of I-485 is not something which the agency can achieve in the near future, not probably until September 30, 2006. We cannot tolerate the AC 21 legislation remained beaten and bruised so hard by the agency's failure to coordinate its action with the spirit and intent of the AC 21 legislation. It is not impossible task for the agency to correct its mistakes and reconcile the conflicts: Agengy should set a goal of adjudicating the concurrently filed I-140 petition within 180 days and adjudication of I-140 petition for the concurrently filed cases should not be held hostage to implement its concurrent adjudication of concurrently filed I-140 and I-485. The agency should never betray the legislative intent of a law, AC 21 in the instant situation, by blocking implementation of the legislative intent through a circumbent action to lay a road block to the I-140 portability and change of employement for the I-485 filers after 180 days.
 
I will update my activities only at this Project Ocean thread in this I-485 CSC forum.
kashmir said:
Whole Lotta Love : Victory on I-485 Backlog Reduction, Next Fight, and Goodbye ...

The latest USCIS CSC Processing Time report was posted today on 8/18/2004,
and I-485 processing date was moved to 1/15/2003.

I believe we have won the I-485 backlog reduction at the CSC,
so we have archieved the first goal.

I am shifting the focus of my fight toward the next target.
I think the current immigration system is the last slavery in the United States,
and my final goal of this fight is the Liberty of Immigrants.

I will leave this I-485 CSC forum soon but stay in ImmigrationPortal.COM for a while.

Thank you so much,
-kashmir


20th August 2004, 02:56 PM

Thanks for your hearty words.
I am really pleased to have read your messages.

I have been posting 4500+ messages at ImmigrationPortal.COM so far,
but I have not been spending so much time here as most of you think.
I think that 60% of my messages are related with Project Ocean,
and 30% are related to Project Kashmir.
Actually, I had been sometime asked some specific questions
but usually I could not give them any answers nor simply I had no idea.

So, I have been focusing the fight for immigrants,
especially I-485 applicants because I was one of them,
against the injustice of the U.S. government including USCIS,
rather than Q&A or discussions at the forum.

I think it is just a matter of priorities.
Every person has one's own list of priorties, and I have my own list.
Of course, I have been spending more time for my job and my family rather than immigration issues.

Now, I completed all my works for I-485 backlog reduction at the CSC,
and I am currently working on:
1) I-140 CSC backlog issue with I-140 CSC forum members
2) H.R. 3701 and V Visa issue with V Visa forum members
We will attend Mike Honda's (D CA 15) town hall meetings next week.

And, I plan to work on:
3) I-140 and AC-21 issue based Fujie Ohata's memo - nationwide campaign
4) Amendment of Section 316(a)(1) of INA about 5-year residential requirement for Naturalization
I will follow up Zoe Lofgren, and visit Anna Eshoo's Palo Alto office.

The future target may include:
5) Amendment of U.S. Constitution about Voting Rights of LPRs

As I wrote before, my final goal of this fight is Liberty of Immigrants
because I think the current immigration system is the last slavery in the United States.
 
Rajiv's message at Complaint forum

operations said:
Let me explain more

bharad1 said:
I thought the initial phase of the hearings is just to determine if this is a class-action at all, and this is very consistent with Rajiv's questioning -- is there any difference in processing across the various EB categories? I think Rajiv got the answers he needed, a big NO. Unless this is certified as a class action the only people benefitting will be the 7 people that are part of the lawsuit.
Correct.

At this point, we are not looking so much for information. We are looking for documentation.

Once we start the document review, we will request a rehearing on the class action. If the class action is granted, THAT is when the real depositions begin. We will be deposing all levels of CIS officers at that time.
That is when it begins to get interesting. This is just spadework.

I really must not worry about winning or losing for us. I must keep the pressure up. The real victory is if they reform their own working. The court may not be able to order much. We knew that going in.

The officers being deposed are the top tier of CIS. They should know the consequences of perjury. Whatever we ask, they have to answer truthfully. If they don't, they will be in trouble.


You folks need to know a bit more about the law.
PLEASE READ THE LAW UNDER THE NEW LINKS HERE:

http://www.immigration.com/litigation/I-485_litigation.html
 
gc369 - Mike Honda Town Hall Meeting in Milpitas on 8/26/2004

gc369 said:
Spoke with Mike Honda at Milpitas Town Hall meeting 26th August 2004, 08:54 PM
Today I attended MH's Milpitas Town Hall meeting. Totally less than 20 people
attended the meeting, so he had a decent amount of free time after the
meeting. I gave him the petition that askgc created; and explained the issue -
he immediately replied that "yeah, I am aware of the Job portability issue. I
will certainly look into it". I also spoke with his staff Jeff, he mentioned that
they had received 3 petitions on this issue and they had already contacted
USCIS. He told me to contact MH's office if I don't hear any response after Sep 15th.
 
Mike Honda town hall meeting in Cupertino on 8/27/2004

whorl1quote said:
28th August 2004, 12:30 AM

just attended Mike Honda's town hall meeting. It finished pretty late so I did not get chance to talk to Mr. Honda. He did address immigration issue a bit in the Q&A. He sounded a strong supporter to legal immigrants and understands major issues. He did not mention backlogs.

I gave his staff the petition letter. I also faxed his office the petition letter yesterday. another two people from ImmigrationPortal sat next to me. Did you guys get to talk to Mr. Honda in person?
Two guys from I-140 forum and I talked with Mike Honda and Geoff Grockwell, Staff Assistant, after the meeting.

In his talk about immigration, he mentioned about H.R.3701 related immigrant's family unification issue a couple of times.

As the meeting became pretty long, not only whorl1quote but also wac-02-068 and some people had to leave in the middle of the meeting.
 
Fujie Ohata deposition on 8/26/2004

operations said:
I deposed her yesterday - 27th August 2004, 11:22 AM

frostrated said:
Does anyone have any news if the FO deposition took place?
It was most disppointing. She hardly knew anything that I wanted. I will try to highlight the major points next week. The complete transcript will not be available for folks until appx. 6 weeks.

I am going to try to get more depositions. We will also file requests for further documents.

This depo was a bummer. :-(


operations said:
No - 27th August 2004, 11:40 AM

naanshi said:
Rajeev,
From the deposition yesterday, did you get any idea about the USCIS policy about using AC21 after 180 days to change employers, without I-140 approval?

naanshi.
I do not recall asking, but she had no idea of "technical" aspects.
 
http://www.immigration-law.com/Canada.html

09/04/2004: Alarming Anti-Immigration Movement in the Immigration Law Community
  • The immigrant community is growingly exposed to some open discussion of abolition of family immigration system by certain immigration reform proponents. They consider extended family members including parents and sons and daughters of the U.S. citizen do not deserve unification with their loved ones. Additionally, underlying discussion includes limitation of immigration to only able-bodied "workers." Under the concept, disabled or handicapped people should be filtered off from the immigration process. Extension of this concept can lead to advocating immigration only for "fit-to-survival" and somebody will have to determine how to define "fit-to-survival." It reminds people of the Nazi criminals to use the Darwinism to eradicate certain so-called "inferior" group of human beings from the earth.
  • In 1986, there was a legistive movement to restrict family immigration, either reducing quota or putting a moratorium. We called it "Simpson Bill." Proponents advanced sweet justification for the bill hiding under the rug xenophoebia. The country was swept in heated debate pros and cons and emotionally pushed the immigrant community to the edge. Facing the strong opposition, the proponents compromised and passed a bill to control only "illegal" immigration leaving the legal immigration, particularly family immigration in tact.
  • The difference between 1986 and the current movement presents a serious concern in that in 1986, it was advocated by mostly anti-immigration political forces but the current discussion is led by so-called immigration proponents. They are the ones who are educated to understand the implication of such concept with profound impact on the notion of the most cherished American principle of family reunification and potential danger of being misused by the anti-immigration political forces to control immigration for the wrong causes which include racism. It is appalling to learn an argument that those U.S. citizens who miss their mothers, fathers, sons, daughters, brothers, and sisters should go back to their countries of origin. It is also appalling to learn an argument that the country should abolish completely family immigration system and accept immigrants only for employment who are able to work. Under the concept, family members will not be able to reunite with their U.S. parents if they are handicapped physically or emotionally and have no physical bodies which allow them to work. Someone can feel a "chill"in the backbone.
  • Such discussion is indeed ill-timed in that the country is now extremely polarized and immigration is taken something which should remain an undesirable back-burner. Immigration law community has no reason to initiate and stir up such volatile issue at this difficult time for the good reasons or the bad reasons.

09/03/2004: November Election and Suffering Immigration
  • The November election is now less than two months away. Pending the election, there are no proponents of immigration and no matter whether he is a Republican candidate or Democratic candidate, he wants to keep distance himself from the term "immigration." The term "immigration" is unwanted child. Currently any legislative or policy issues that can affect the politics appear to be on hold. The election should be over one way or another!
 
kashmir said:
http://www.immigration-law.com/Canada.html

09/04/2004: Alarming Anti-Immigration Movement in the Immigration Law Community
  • The immigrant community is growingly exposed to some open discussion of abolition of family immigration system by certain immigration reform proponents. They consider extended family members including parents and sons and daughters of the U.S. citizen do not deserve unification with their loved ones.
    09/03/2004: November Election and Suffering Immigration
    • The November election is now less than two months away. Pending the election, there are no proponents of immigration and no matter whether he is a Republican candidate or Democratic candidate, he wants to keep distance himself from the term "immigration." The term "immigration" is unwanted child. Currently any legislative or policy issues that can affect the politics appear to be on hold. The election should be over one way or another!


  • This the more reason why getting citz is more impt more so now than ever.
 
2003 Yearbook of Immigration Statistics

http://uscis.gov/graphics/shared/aboutus/statistics/2003Yearbook.pdf

2003 Yearbook of Immigration Statistics
Office of Immigration Statistics
September 2004
U.S. Department of Homeland Security

...

2. HIGHLIGHTS

...

Highlights for 2003 include:
o Legal immgration in 2003 (705,827) was lower than in 2002 (1,063,732).

...

3. IMMIGRANTS

...

Data Overview
The number of immigrants admitted for lawful permanent residence in the United States in 2003 was 705,827. ...

In recent years, including 2003, the number of immigrants granted lawful permanent residence has been affected by an application backlog at USCIS. At the end of fiscal year 2003, there were 1,200,000 adjustment of status cases pending a decision. ...

Highlights
The number of persons granted lawful permanent residence inthe U.S. declined 34 percent to 705,827 in fiscal year 2003 from 1,063,732 in fiscal year 2002 due primarily to security checks that affected application prcessing at USCIS.

...

Code:
Table A : Immigrants Admitted by Major Category of Admission: Fiscal Years 2001-03

                                 ---- 2003 -----  ------ 2002 -----  ------ 2001 -----
Category of admission             Number Percent     Number Percent     Number Percent
Total .........................  705,827   100.0  1,063,732   100.0  1,064,318   100.0
Employment-based preferences ..   [color=red]82,137    11.6[/color]    174,968    16.4    179,195    16.8
 
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