REAL ID...how long would it take?

bornTwice

Registered Users (C)
How long would it take for CIS to develop its regulations and other administrative matters necessitated by REAL ID enactment? Six months, one year?
 
there is no answer. Six months, one year, two years. Maybe nothing will change untill another lawsuit.
 
bornTwice said:
How long would it take for CIS to develop its regulations and other administrative matters necessitated by REAL ID enactment? Six months, one year?


This is the $100,000 question.
 
ayyubov said:
100000$? u r underestimating USCIS. I would say 100.000.000$ :)

This led me to believe that the only relief available to ayslees with ND before 2001 is the settlement (Neguwania v. Aschroft).
 
It's possible that settlement will lose it's power under new cuircumstances when there is no limit for asylees.
 
within 45 days

bornTwice said:
How long would it take for CIS to develop its regulations and other administrative matters necessitated by REAL ID enactment? Six months, one year?
Somehow I got the impression according to one thread of this forum that BCIS needs to figure out the procedure to conform to the new law within 45 days.
 
ayyubov said:
It's possible that settlement will lose it's power under new cuircumstances when there is no limit for asylees.

I don't think so. I don't think REAL ID has purpose to reverse the district court's decision. In fact, the enactment of the REAL ID raises a question whether the relief in the settlment is equitable because, with no cap exisiting, the additional GCs available by the settlment could not be considered as reasonable and equitable benefit to the plaintiff. The positive side of the settlment is that CIS is required to adjust certain number of asylees in this fiscal year.

The equitable relief would be to have CIS account the time we lost towards our citizenship. I am fantacizing....
 
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bornTwice said:
I don't think so. I don't think REAL ID has purpose to reverse the district court's decision. In fact, the enactment of the REAL ID raises a question whether the relief in the settlment is equitable because, with no cap exisiting, the additional GCs available by the settlment could not be considered as reasonable and equitable benefit to the plaintiff. The positive side of the settlment is that CIS is required to adjust certain number of asylees in this fiscal year.

The equitable relief would be to have CIS account the time we lost towards our citizenship. I am fantacizing....

They should make the Government accede to a schedule that will clear up the backlog in a reasonable period of time (2 years) and process all new cases quickly (like within one year of receipt).
 
You all should remember 3 things.

#1 Pre-1996 when the cap virtually had no or little affect on the waiting time...that is, there were visas available for asylees to use and adjust..however at that time, INS took 3 years to process a GC application...in other words, it took 3 years to get your GC and 4 more years to get your Citizenship. So even if USCIS follows the same procedure, a person filling in 2005 would get his GC in 2008.. but remember the backlog may add additional 1 year to the wait..Then they had no backlog in asylee cases.

#2 REfugee adjustments are at 01/2003 state as of now..almost 2.5 years wait..with months passing by, it may turn out to be 3 year total wait. I used to remember few years back in checking I-485's date for Refugees and it was alwasys 3 years....Same for employment cases. So I would assume..Without cap..in the end, the average wait time for any I-485 regardless of adjustment type would be 3 years...

#3 During the lawsuit fight, USCIS simply said NO they will not adjust 31,000 cases in one year..they have no resources...They agreed to 18,000 so it really means that they will NOT adjust more than 18,000 this year and next year no matter if there is a cap or not...

USCIS should try to catch up with I-485(employment,refugees) for asylee cases in my opinion but it wont happen.

In the end, the lawsuit is good for 2001 or less cases while NO cap is good for anyone filing in 2002 or later. If asylee lawsuit goes throw, its a win-win for every asylee who is in this situation...
 
wantmygcnow said:
You all should remember 3 things.

#1 Pre-1996 when the cap virtually had no or little affect on the waiting time...that is, there were visas available for asylees to use and adjust..however at that time, INS took 3 years to process a GC application...in other words, it took 3 years to get your GC and 4 more years to get your Citizenship. So even if USCIS follows the same procedure, a person filling in 2005 would get his GC in 2008.. but remember the backlog may add additional 1 year to the wait..Then they had no backlog in asylee cases.

#2 REfugee adjustments are at 01/2003 state as of now..almost 2.5 years wait..with months passing by, it may turn out to be 3 year total wait. I used to remember few years back in checking I-485's date for Refugees and it was alwasys 3 years....Same for employment cases. So I would assume..Without cap..in the end, the average wait time for any I-485 regardless of
adjustment type would be 3 years...

#3 During the lawsuit fight, USCIS simply said NO they will not adjust 31,000 cases in one year..they have no resources...They agreed to 18,000 so it really means that they will NOT adjust more than 18,000 this year and next year no matter if there is a cap or not...

USCIS should try to catch up with I-485(employment,refugees) for asylee cases in my opinion but it wont happen.

In the end, the lawsuit is good for 2001 or less cases while NO cap is good for anyone filing in 2002 or later. If asylee lawsuit goes throw, its a win-win for every asylee who is in this situation...


Well it means if they can't proccess more than 18000 cases per year (which makes sense) they will be able to clear backlog within next 10-13 years. We are back to the same situation. I think they will have to speed up the process itself. Anyway lets wait for what they will have to say about it. I'm sure the memo will be issued soon.
 
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