Question to Gilbert

J

Jack Archer

Registered Users (C)
Hi Gilbert,

 Do you know anyone who has waited for his/her I-485 as long as , or perhaps even longer than I have (4 years and 10 months)? I\'m just wondering if the law firm you work for has clients who are facing the same situation as I am.
 
No Title

Jack,

I do not recall an adjustment case like yours from my head. But I am happy to check our office computer records for you when I return next week (I am taking today off). Please look for my post Monday or Tuesday.
 
No Title

Thanks Gilbert. Appreciate it so much. If anyone else knows people who have waited for their I-485 longer than 4 years please post here.
 
AOS Pending since \'97

I just searched our computer files. The closest resemblance to Jack\'s case is a person who came in several months ago and talked about a Form I-485 filed in May 97. As you know, the INS has informed the AILA that applications filed before January 98 are approvable this FY. Our office stated to the potential client that we would be happy to find out the status of the file.

But the client never followed up, perhaps because of expense. In short, we were not hired and I have not clues about current status.

So Jack you certainly have some company.
 
Thanks!

Thanks Gilbert for the valuable info.
To my understanding the INS responded to AILA\'s inquiry by saying "all asylee I-485 cased filed before Jan 1998 should have been adjudicated by now or should be in the process of being adjudicated."

 I filed my I-485 back in September 1996 and I believe it is safe to say that my case is still pending because my passport has not been stamped.

  My interpretation of "Cut-off date" is that all cases filed before Jan 1998 should have received a clear approval/denied decision by now.
  If I do not get a decision by the end of this FY I plan to hire a local immigration lawyer and get to the bottom of this case.
 
Correction

I\'m sorry. My I-485 was filed in September 1997 and not September 1996. So my application is 4 months behind the cut-off date. And because I live in a district that has higher asylee population than national average those could be the factors causing the delay in my case.
 Everytime I inquire the INS they will say "Wait to be called for passport stamping. There is a 10K/year cap on Asylee Adjustments." No further comments than that.

 When I spoke with the asylum lawyer who represented me in the asylum case he told me I am not the only one facing this delay and that there is a *fair chance* I can get it in October or early next year.
 
That makes a better outlook

I guess September 96 is the date your asylum application was granted and you applied for adjustment as soon as you became eligible.

Then your situation is (just a bit) less gloomy than we thought. It appears the local office failed once to submit your name for a (FY 01) quota. My intuition is that you will get it approved this October. It is certainly my hopes that when it is done, you will continue to stay in this board and not drop out sight forever (that has been my experience with other forums. I do not know if I will get LPR this time, but will not leave this board either way.

Also, I just heard today that earlier this year, the Nebraska Service Center had asked all field offices to forward their asylees files. But from experience, I know that some INS offices just ignore each other. If your district was among those that responded to the NSC request, then your chances are even greater, since the NSC is better at keeping tract of paperwork.
 
No Title

That makes more sense. It was hard to believe an I-485 filed in September 96 still pending. As told in previous postings, I believe your local INS office mishandled and delayed your case and you should be called in the next FY. Good luck.
 
No Title

Gilbert, what is you received, notice date for your I-485. I am expecting that for FY 2002, INS will adjudicate applications filed before October 98. Do you have a better estimate?
 
No Title

Alanpero,

I would say that your estimate is best we could may in the light available information. My application was received in early September 98. So, I may or may not be approved this October.
 
No Title

Gilbert, Yeah, we have then the same dates, mine was also received in early September 98, and I believe we still have some chance to be called in FY 2002, even after taking into account those IJ and appeal cases. And, as you said it may or may not be adjudicated this October. The worst scenario would be to wait one more year, until FY 2003 (starting in October 2002). Thanks and good luck
 
The Pattern of Cut-Off Dates

It\'s really diffcult to predict how INS will do things and in which direction they are going. And the information they make available to the general public is a little behind up-to-date.

  May be if you get "Cut-off dates" from the past 5 FYs we can draw a pattern and predict the next possible Cut-off date? I don\'t think mathermatics can prevail in this, it\'s all politics.
 
No Title

Hi Jack,
I regret to disagree with you this time, but cut-off dates from the past don\'t help to figure out the next possible cut-off date, they are not related. I\'ll give you an example, let\'s assume that 10000 I-485 applications were filed between mid-January 98 (last cut off date reported)and February 28, 1998, then the next cut-off date will be February 28, 1998 (moving only 1 month and a half).
But if, instead 10000 I-485 applications were filed between mid-January 98 and September 30, 1998, then the next cut-off date will be September 30, 1998 (moving eight and a half months instead). As you see, no relation with cut-off dates in the past. The key is to know how many I-485 applications were filed after mid January 98 on a monthly basis. Unfortunately, INS doesn\'t report this info; however, it can be figured out by making certain reasonable assumptions.
This excercise is not mathematics only, it is the result of using current information officialy released by INS and following the adjudication procedure followed by them as released by INS.
The big question we all have is when my application will be processed, and there are no answers for that, this exercise provides a relief to know if you have chances to be called in the next FY, but only the future will say if the prediction was accurate or not, meanwhile, also serves to provide material for a healthy and friendly discussion and exchange of opinions. Regards
 
Just making wild guesses

When do you think the INS will release the next Cut-off date? Possibly by October 2001? And it\'s strange that we have to get that information through AILA web site. Why wont the INS just announce the cut-off dates in their web site?
 
No Title

Jack, Yeah, I agree it\'s strange they release that info through AILA in meetings they hold periodically. Last time, they say next cut-off date will be released by October this year.
Cut-off dates are the official information, we as applicants, have at hand to rely on, in order to estimate when our applications "might be" adjudicated.
This information and the INS processing times table, as well, should be released in the INS web site. This time table is useless now (for the I-485 asylees)because INS is still processing applications filed at local INS offices.
Once they complete the adjudication of those cases, that table will be a useful tool for all applicants that filed at NSC, since this Service Center will no longer have to rely on info provided by local INS offices, to adjudicate the 10000 visas, and they will have all applications at hand.
 
Jack

It\'s true. Lawyers and organizations like AILA have better access to INS information than we do. It\'s also a known fact that the INS has special phonelines for lawyers where they can call and get info without having to wait too long. The lobbyist firms working for fortune 500 companies also have the same level of access to INS information.
 
AILA-NSC teletranscript

Hi Alanpero,

 I recently obtained a teletranscript of conversation between AILA and NSC in June 2001. It has some answers to the questions we have been asking in this discussion board regarding Asylee I-485 delays.

JackArcherNew "More info on Asylee I-485" 8/1/01 8:37pm

Thanks

Jack
 
50,000 Pending Cases

According to the testimony given by Leonard Glickman of Hebrew Immigrant Aid Society infront of the Senate Judicial Committee hearing there are 50,000 asylee adjustment cases currently pending.
I believe he counted all cases pending at NSC and District offices nation wide.

The testimony can be read here:
http://www.senate.gov/~judiciary/te050301lsg.htm

The testimony was given under oath so I\'m guessing those numbers must be valid.
 
You must log in or register to reply here.
Top