Project Ocean II - to amend INA Sec.316 for naturalization requirement

[kashmir]

Project Ocean started originally at I-485 CSC forum in October 2003, about two years ago as follows:

A Guide to Naturalization (M-476)

Let's become a U.S. Citizen by 2008 and vote at 2008 Election !!

But, we have to solve the following problem.

General Naturalization Requirements
...
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

• has been lawfully admitted for permanent residence (see preceding section);
• has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
• has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
• has resided within a state or district for at least three months

We have to wait for another five years after we get AOS approved.
However, we have(had) been already waiting only AOS approval for a long time due to EB I485 processing delay at the USCIS service centers.
It is extremely unfair to us.

So, INA(Immigration and Nationality Act) Sec. 316 must be amended.

Sec. 316. [8 U.S.C. 1427]

(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

Project Ocean is one of the most successful grass-root lobbying activities for employment based immigration community. Around 2003, EB (Employment Based) I-485 adjudication process had been almost freezed at all USCIS (U.S. Citizenship and Immigration Service, formerly known as INS) service centers including CSC (California Service Center), and it took more than two years just to get I-485 approved even after I-140 being approved. We know many people who had to leave this country just because of INS' processing delay. However, as the result of Project Ocean and Rajiv's leading litigation, USCIS had significantly improved EB I-485 prcoess in 2004, and CSC is approving I-485 concurrently filed together with I-140 only in four to six months nowadays.

Now, Project Ocean is targetting its final goal to amend the INA (Immigration and Nationality Act) Section 316 for requirement of Naturalization, tying up with Project Belbin, and some attorneys.

 

[kashmir]

Tanith Belbin

...
Now, Project Ocean is targetting its final goal to amend the INA (Immigration and Nationality Act) Section 316 for requirement of Naturalization, tying up with Project Belbin, and some attorneys.

Tanith Belbin, the figure skater who got a silver medal at 2005 World Championships, cannot represent the United States in the 2006 Winter Olympics because of INS' EB I-485 processing delay.


USA TODAY
Posted 10/21/2005
No easy citizenship glide for ice dancer
By Gary Mihoces, USA TODAY
ATLANTIC CITY — Tanith Belbin and Ben Agosto, skating to a flamenco beat this season, are the reigning world silver medalists of ice dancing. But it will take an act of Congress for them to represent the United States in the 2006 Winter Olympics.
http://www.usatoday.com/sports/olympics/winter/2005-10-21-ice-dancer-citizenship_x.htm?POE=SPOISVA

Detroit Free Press
JO-ANN BARNAS: Red tape puts a hold on skater's citizenship
September 28, 2005
http://www.freep.com/sports/othersports/olympics28e_20050928.htm

Chicago Tribune
Ice dancer requires citizenship assist
Belbin needs special legislation to skate for U.S. at Turin
BY PHILIP HERSH
Published September 29, 2005
Additional material published Oct. 3, 2005:
http://www.chicagotribune.com/sports/chi-0509290212sep29,1,620580.story?ctrack=1&cset=true


Ann Arbor Figure Skating Club's Project Belbin
You Can Help Tanith and Ben Get to the 2006 Olympics

Barney Skladany at Akin Gump

 

[backroady]

Dude..........

You are wasting your time with this...............

 

[kashmir]

You are wasting your time with this...............

Thanks for your advice.
Of course, we understand that it would be very difficult, but we will never give up as long as we have a chance even if it might be very little.
We will survive.

 

[ocworker]

I never went thru AOS process.

What kind of legal status does a person hold when he is waiting for AOS process completed? Is he considered a green card holder / or PR status in US?

are you trying to say when a person is waiting for AOS to complete, he/she is lawfully admitted for permanent residence?

may be USCIS needs to redefine what the "permanent residence" means.

 

[ocworker]

I have done CP as well, exactly because AOS took 2+ years...
In most cases, people with a pending I-485 continue to be on H1. The H1 can nowadays be extended past 6 years in most cases.
Before that change, the status was "pending AOS." People needed an Employment Authorization Document (EAD) to work, and Advance Parole to travel abroad.

I see. I went thru the CP since I was on an international project for 6 months in Taiwan. My company lawyer suggested to try the CP and she said it would never hurt. Luckily, my whole green card process only took 1.4 years from the start till the day I went thru CP interview.

My understanding of this project is that they want to change the requirements of 5 years of continuous residence after becoming a PR to just make that 5 years of continuous residence.

interesting...

 

[USER12345]

Back in 02/03/04 it was taking was an unreasonably long time for i485s to be approved . While waiting , an applicant remained on their H/L/B visa. But many people had their visa expire/lost jobs and had to leave the US and give up the opportunity to get a green card because their AOS was not getting processed.

Hence the class action lawsuit which Kashmir ( nice to hear from you again ) and Rajiv initiated....

Now there is a sense that it is unfair that after waiting unreasonably long to get AOS and receive the green card , people have to wait 5 more years before becoming citizens. The feeling is that those who had to wait unreasonably long for AOS should have some of this time applied to the 5 year citizenship requirement.

Notwithstanding that after 9/11 and the subsequent granting of a visa extension to one of the dead suicide pilots, that the system needed to be cleaned up , it does seem fair that those who suffered delays get some relief in their citizenship application.

Recently a colleague on L1A completed the entire process including receiving the green card in the mail, in under 6 months. I beleive it was 4 months

regards

 

[kashmir]

Belbin/Agosto dance to historic silver

http://www.nbcolympics.com/figureskating/5122161/detail.html

We had succeeded to send Tanith Belbin to Torino Italy for 2006 Olympic games as a U.S.Citizen.

H.R.3010 had been passed, and became a public law on 12/30/2005.
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR03010:@@@D&summ2=6&

Title: Making appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2006, and for other purposes.

...

Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act.

...

(Sec. 518) Amends the Immigration and Nationality Act to allow the continuous residency requirement to be reduced to three years for an applicant for naturalization if: (1) applicant is the beneficiary of an approved petition for classification; (2) applicant has been approved for adjustment of status; and (3) such reduction is necessary for the applicant to represent the United States at an international event. Directs the Secretary of Homeland Security to adjudicate such an application within 30 days after submission, upon an applicant's request and demonstration of necessity, unless the Secretary determines that such expedited adjudication poses a national security risk. Requires collection of a $1,000 premium processing fee to offset additional costs incurred to expedite processing of such applications. Repeals the amendment made by this section on January 1, 2006.

...

This amendment might be far from the original goal of Project Ocean,
but I believe it is a great milestone.

 

[kashmir]

Hmm, did you read the amendment completely? It was specifically only for this one case, and automatically became invalid on Jan. 1. Belbin applied for citizenship on 12/31...
Sorry, but this has absolutely nothing to do with your project, it was a special private bill for this ice-skater.

Yes, we undetstood what we had done.
We had no time, so focused on Belbin's case, but it was not a private bill.
Even though it worked only for Belbin, still we are proud that we have contributed for the historic silver medal at 2006 Olympic for the United States.
It is one of the great achievements for the immigrant's community, and just the first step of Project Ocean.

TO: JoeF;
By the way, I am pleased to know that you will attend the Oath this Friday !!
Congratulations !!

 

[absrao]

Kashmir.. where is the activity on this subject ? Where do I join ?

Kashmir -
Where is the activity on this subject. I dont care much about names of projects and stuff like that.. but would like to see activity.

1. Is this being pursued or not ?
2. How is this being pursued ?
3. Is there a background activity (lawsuits, lobbying) going on ?
4. Where do I get more information on whats being done ?
5. How can I participate ?
6. Is there effort to gain critical mass ?

Let me know