Settlement Memorandum Sent

REally, I thought this only happens to 485. Since 140 require no deep security check as 485, what would be their excuse not processing (orderly)?

Originally posted by muppaneni
Also, please look at the I-140 processing dates at VSC. People are waiting for approvals since 2002 while 2004 petitions are being approved. There is no logic behind the processing times that are being reported and actual processing. Why there is such a big gap?
 
Questions for CIS

Hi Rajiv

I would ask the CIS the only one question.

In a communication published earlier they claimed to be issueing 20,000 green cards per business day. Assuming this nunber includes renewals too, the total number pending is 1,875,424 (1,236,226 I485's and 639,198 I90's), as per Jan'04 statitics. If they are really issueing 20,000 green cards the entire backlog should be completed in 94 business days or just little over 4 months.

Why is this not happening?

Thanks
 
Re: Cinta, help me out here

Cinta
Here are few inputs which may be helpful

1.When a case was first touched by an Officer after the receipt date of the case
2.when security check was initiated on the case after receipt date
3.When the results of security check arrived after it was intiated.
4.If nothing was heared from security agencies when the re request for security check was intiated and what was the result.
5. when RFE if any ,was sent to the case after receipt date.
6.when action was taken on the case after receiving RFE
7. How do they initiate security check either by case by case or sending bunch of cases and waiting for the result.
8.If nothing was received from security agencies what is the time period for wait or what is the action taken on part of USCIS.

Certainly few of these questions will expose them



Originally posted by operations
Give me a list of all the questions we would like to ask the government.

I should be able to make them answer as long as they do not relate to some national security matter.
 
Also, if security is the issue, most people applying for an employment based green card are already in the US.

1. I don't think a terrorist is going to bother applying for a green card. (Especially if they are already in the country).

2. If we're talking security, wouldn't it make more sense to expedite the security check instead of letting the person hang around in the country for several years before you even bother getting around to checking them out? And if they say they do a security check on the front end, then truly, what is the holdup?

Rav
 
Few more Qs

What exactly is security check?

What databases are really searched and queried? And are they different than FBI search for any offense?

Is everything computerised to get a hit or if any manual intervention/verification is involved to detect a hit? What's an average time to get a hit or declare it clear after a case is picked up by an officer?

If there is a hit what kind of security threat is that? what are those 2% out of suspected 7% hits about? What is the actual number? What action was taken against those applicants? 2% out of millions of applicants has to be a big number and I don't think there was any BIG news about so many immigrants being prosecuted/deported etc. for security reasons. That seems to be a fictitious number to me...

** It's imp to note that not a single application is linked to terrorism so far and if FBI has already cleared FP (maybe 2-3 times) before 485 is adjurned, then why again a security check hit (that too after 2-3 years of recepit date) thinking it might have a link to terrorism? What is that database called which FBI doesn't have?
 
Re: Few more Qs

Originally posted by lostinbacklog
What exactly is security check?

What databases are really searched and queried? And are they different than FBI search for any offense?

Is everything computerised to get a hit or if any manual intervention/verification is involved to detect a hit? What's an average time to get a hit or declare it clear after a case is picked up by an officer?

If there is a hit what kind of security threat is that? what are those 2% out of suspected 7% hits about? What is the actual number? What action was taken against those applicants? 2% out of millions of applicants has to be a big number and I don't think there was any BIG news about so many immigrants being prosecuted/deported etc. for security reasons. That seems to be a fictitious number to me...

** It's imp to note that not a single application is linked to terrorism so far and if FBI has already cleared FP (maybe 2-3 times) before 485 is adjurned, then why again a security check hit (that too after 2-3 years of recepit date) thinking it might have a link to terrorism? What is that database called which FBI doesn't have?


All questions seem very legitimate from our point of view but I doubt if Government would be giving these type of details.
 
Couple of questions to add to the list:

1) how many inspectors are assigned in each office "full time" to processing I485's (exclusively)?
2) under what conditions are they "re-assigned"
3) When case status dates are "inflated" with new "it presently takes xxx days to process", why is there no issuance of updated information to the "customer"?
4) can the judge be made aware of, investigate, and rule that the re-application/renewal fees are illegal and therefore returnable to the applicant?
 
Q

Rajiv,

People list some valid points already. Here is the basic question?

WHAT IS GOING ON?

More specific questions could be:

1: Is there any way to provide immediate relief to all people who have completed six months?
2: What happened to our Citizenship dreams? Apparently it became a nightmare.
3: Does the CIS have the ability to correctly track the application process for each applicant?
If yes, then why the re-adjudication process for every step of the process?
4: Is there any way to automatically extend the validity of current EADs, to the duration of the adjudication process?
5: Is there any way to extend the validity of the FP results? What is the picture here? Who gets a second FP and why? Isn't that a violation of our constitutional rights? No USCIS SOP refers to second and third FP anyway.
6: Is the "zero tolerance" memo withdrawn and how is it reflected in the adjudication process? It is not apparently.
7: Why so many RFEs? What happens after a RFE is submitted?
8: Why transfers and where? Is there any discriminatory hidden policy going on? based on national origin, registration, job or EB category?
9: What is the picture with posted Processing times? Why such a wide gap in processing times? Almost a year or more.
10: What exactly are the Security Checks? How many and how often (IBIS, FBI, CIA, etc.). What is the validity period for all these? Is there a fixed number of databases or we are just subject to an ever expanding list like CAPPS II and Integrated Terrorist list database (not yet integrated). Why are the Security Checks done on all applications , even the ones with no admissibility criteria?
11: Are you aware that people are working under extreme and inhumane conditions because of the lack of the GC? Example, people who work in Defense companies and contractors?
12: Is there any way to upgrade and uniformly formalise the Expedite criteria for all Service centers? in liew if any Premium processing? The current ones are obsolete and not even serve the National security.
13: Is there any immediate way to restore a meaningful support telephone line access?
14: Are the GAO reports, the Century Foundation report, the CED report useful to USCIS in any way?
15: Is the federal Administrative Procedure Act still relevant?
16: Who has jurisdiction here? the DOJ and/or the DHS? If joint, is it working?
17: Is the delay in adjudication hurting the National Security?
18: Why the DOS has a much better record and time in Consular processing?
19: Is the Ombudsman still around? With money and resources or none?

Additional references:

http://www.immigrationportal.com/showthread.php?threadid=116478&perpage=15&pagenumber=3
 
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FOOLISH Point to consider and present

Points to consider:

• All applicants are LEGALLY here in US for the past 4/5 years, why would a terrorist want to be legally in US to do something bad.

• I assume that if all applicants have a wife and at least 1 kid thus it reduces security check by 1/3 or should our wives and kids also be subject to security check too!


• Given that most of us are on EB category the bottom-line is that everyone is come to US are well EDUCATED and mostly on PROFESSIONAL background, I don’t see a need for 100% security check.

• Given the time for security check, at entry point like airport it just takes a few second per passenger! Why would the same take days/months here?


• Given that it takes days or months why the entire process is not initiated at the beginning of the application process, isn’t URGENT to stop a terrorist from being in the country for even a Single minute more instead of giving the person a chance to wait till the 485 stage (2 years from application) to have sufficient time to organize something and do something!!! How Foolish.

* Why should finger printing be repeatedly done, does it change with time!


RC
 
On a lighter side

Let everyone send a letter via lawyers to USCIS that applicant might pose a strong security threat to US, then see how USCIS is going to pick up that application and expedite it to adjurn it either by sending RFE or doing security checks... If they don't then it will be clear that they really don't care for security threats to lure around for years... If they do then we get the green card...

Check-mate!

PS : Do they really care for security threats? I doubt... just an excuse to turn away immigrants... "attitude" needs to be changed! not policies...
 
More criticism on USCIS's accountability: If security check can take up to 1 year, why do we have delay of more than 2 years? If this only happens to a few very difficult and suspicious cases, then I can understand. But no, the vast majority of the cases are not closed for over 2 years. What are they doing during the extra year? Besides, a lot of members mentioned that it would only take minutes to do computerized security checks.

The other excuse they could have is, "we just don't have the money and man power, what do you want me to do?"

To that I would say, they have collected our fees when we submitted our I485's. Shouldn't that money be used to hire and train people for I485 processing? Are those money mismanaged or diverted to other cases? Other cases collect their own fees, they shouldn't eat up I485's resources. I know it's impossible to distribute resources precisely, but there should be a line between reasonable and ridiculous management.

I remember I read somewhere that USCIS is almost entirely funded by applicants' fees. (don't know if it's true or not) If so, then this agency should be accountable for providing satisfactory service to it's customers: US !!!!
 
Rajiv,
I hope you are aware of this 90 days waiting for iEAD causes frustration to everybody. Why can't USCIS declare that if anybody applied for EAD renewal before the current EAD expiry should be able to continue their employment without interruption until they receive a decision on their pending I-765 application. USCIS accepts this for H1Bs and other categories and not for employment based I-485s. Why can't they do it for Emp. based cases?
 
We need more points which should express our sufferrings and should expose the USCIS to the judge.Lets all think in different lines and get with more valid points
 
Re: Q

The fact:

There is tremendous backlog in immigration application

The focus:
1.What caused the delay?
2.How to reduce the delay?
3.How to help people to understand USCIS employees are overloaded?
4.How will USCIS help to relief the suffering of the applicant because of their delay.

Explanation for No.1:
a. USCIS points out security checking cause delay. So how long does it take external units (FBI, etc) to do the work and how long does the internal unit do the work? Is it done manually or computerized? How long does it take before 9/11 and after?
b. manpower. During the NPR reporter Jennifer's interview of USCIS ranking officer, he emphasizes manpower is enough to reach the 6 month goal in 2006, which is contradicatory with GAO report. Can USCIS justify that?
c. Is there any redundancy in their jurisdiction process which is meaningless? Can they reduce it?

Solution for No. 2:
a. Do they have immediate procedure to implement to help reduce the backlog? If no, how can they reach the goal in 2006?
b. Do they have intermittent goal? They can't just say they will reach the goal in 2006.

Suggestion for No3:
a. How is a case assigned to an officer? Why there is such big gap in processing time based on different cases. Some new application took rather short time (eg. cases filed about two months ago), does it mean all the cases before that are already assigned to the officers? If not, what policy are they using to decide which case go first?
b. Can they provide more detailed information related to their monthly processing time report, like how many total I485 not processed, and among them how many family based, how many employment base? How many FB cases being processed and how many EB cases being processed during the month, etc.

Question for NO4:
a. Can USCIS officers list out a few of the suffers that people endure? (I double they can)
b. Why is the settlement unreasonalbe so USCIS can totally ignore even though they cause the suffering?



Originally posted by cinta
Rajiv,

People list some valid points already. Here is the basic question?

WHAT IS GOING ON?

More specific questions could be:

1: Is there any way to provide immediate relief to all people who have completed six months?
2: What happened to our Citizenship dreams? Apparently it became a nightmare.
3: Does the CIS have the ability to correctly track the application process for each applicant?
If yes, then why the re-adjudication process for every step of the process?
4: Is there any way to automatically extend the validity of current EADs, to the duration of the adjudication process?
5: Is there any way to extend the validity of the FP results? What is the picture here? Who gets a second FP and why? Isn't that a violation of our constitutional rights? No USCIS SOP refers to second and third FP anyway.
6: Is the "zero tolerance" memo withdrawn and how is it reflected in the adjudication process? It is not apparently.
7: Why so many RFEs? What happens after a RFE is submitted?
8: Why transfers and where? Is there any discriminatory hidden policy going on? based on national origin, registration, job or EB category?
9: What is the picture with posted Processing times? Why such a wide gap in processing times? Almost a year or more.
10: What exactly are the Security Checks? How many and how often (IBIS, FBI, CIA, etc.). What is the validity period for all these? Is there a fixed number of databases or we are just subject to an ever expanding list like CAPPS II and Integrated Terrorist list database (not yet integrated). Why are the Security Checks done on all applications , even the ones with no admissibility criteria?
11: Are you aware that people are working under extreme and inhumane conditions because of the lack of the GC? Example, people who work in Defense companies and contractors?
12: Is there any way to upgrade and uniformly formalise the Expedite criteria for all Service centers? in liew if any Premium processing? The current ones are obsolete and not even serve the National security.
13: Is there any immediate way to restore a meaningful support telephone line access?
14: Are the GAO reports, the Century Foundation report, the CED report useful to USCIS in any way?
15: Is the federal Administrative Procedure Act still relevant?
16: Who has jurisdiction here? the DOJ and/or the DHS? If joint, is it working?
17: Is the delay in adjudication hurting the National Security?
18: Why the DOS has a much better record and time in Consular processing?
19: Is the Ombudsman still around? With money and resources or none?
 
It has been a while, do we expect any reply from the CIS soon? Apparently they are good at lagging. Based on the nature of the suit, we should ask the court for speedy resolutions.
 
why are the FP notices random?

this may bot be relevant anyways here goes - but why can't they atleast generate the FP notices based on receipt date. or make it such that the applicant makes an appointment for FP after getting the receipt notice for 485, i.e., the A#.

i am frustrated that people filed in 2003 from my company that work in the same place have got FP notices but i still haven't got (2002 filer).
 
another imp question

Originally posted by sirlurkalot
Couple of questions to add to the list:

1) how many inspectors are assigned in each office "full time" to processing I485's (exclusively)?
2) under what conditions are they "re-assigned"
3) When case status dates are "inflated" with new "it presently takes xxx days to process", why is there no issuance of updated information to the "customer"?
4) can the judge be made aware of, investigate, and rule that the re-application/renewal fees are illegal and therefore returnable to the applicant?

Dear Rajiv/Cinta,

Please include following one. I think it is very important since it was found that this was major cause of additional delay.

If applicant has requested change of address on the file then when the address update was taken place and if the file is back in the processing queue.

I have heard that some files after address update get lost.

Any confirmation from USCIS would be extremely helpful since that can be a proof for other law enforcement agencies if they come asking about change of address.

Thanks.
 
CP VS 485

Please consider this.

1) Why cp security check doesn't take as long.
2) What about all being equal in the eye's of law, cp candidates become citizens years before AOS.
3) How do they get plastic cards in few weeks where as AOS candidates take months.
 
another approach

If USCIS thinks, it's playing smart by doing more security checks and delaying cases ultimately turning away immigrants to stay in the country, let's prove to them how wrong and how stupid they are...

My Dear USCIS -

1 extra security checks don't yield any benefits. Catching terrorists is out of question in first place and it's observed that terrorists are not so stupid to get caught by such tactics. If FBI clears FP that should be good enough.

2 Fact is by delaying immigrant cases you are harming already weaken US economy.

3 This country is running today because top class immigrants (high tech professionals) came here and helped to strengthen US society and help US companies/hospitals when they desparately needed people. Current situation is not so good either. Why make it worse?

3 We are not commodities, imported when there is a need and deported when not. We came here legally. Your approach forces us out of status for no fault of our own. CHANGE IT!

4 Learn how to treat guests. We are here for atleast 4-5 years. We are not visitors. We have families here and we are not robots or slaves. You should be thankful that we are helping this country and applied for immigration benefits. You are not doing a FAVOUR!

5 If we all start packing up our bags, just sit and do math how much one family's contribution to US economy will be lost.
Avg est $400,000-600000 per family/per year (salaries+house+car+school loans) with 25%-30% straight taxes to govt. Is it a SMART thing?

6 Let everyone get a fair chance. 'Getting job is no more a God given right to Americans' as someone has already said. Think global... Watch Seabiscuit...
 
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I can undertand your frustation but the arguments you present are very weak at the best. Arguments based on incorrect information don't help and can potentailly be damaging to the cause.

<<<
If USCIS thinks, it's playing smart by doing more security checks and delaying cases ultimately turning away immigrants to stay in the country, let's prove to them how wrong and how stupid they are...

My Dear USCIS -

1 extra security checks don't yield any benefits. Catching terrorists is out of question in first place and it's observed that terrorists are not so stupid to get caught by such tactics. If FBI clears FP that should be good enough.
>>>

Security checks are necessary but the delays is not because of security checks, mine passed checks over a year ago. Security checks are just an excuse.

<<< 2 Fact is by delaying immigrant cases you are harming already weaken US economy.

3 This country is running today because top class immigrants (high tech professionals) came here and helped to strengthen US society and help US companies/hospitals when they desparately needed people. Current situation is not so good either. Why make it worse?
>>>

Immigrants help and their contribution is valuable but "This country is running today because top class immigrants" is hyperbole. (I am assuming you mean recent "immigrants" and not referring to people coming to this land since 1492)


<<<<5 If we all start packing up our bags, just sit and do math how much one family's contribution to US economy will be lost.
Avg est $400,000-600000 per family/per year (salaries+house+car+school loans) with 25%-30% straight taxes to govt. Is it a SMART thing?
>>>

Avg est $400,000-600000 per family/per year is way off base. Estimate too high.

<<< 6 Let everyone get a fair chance. 'Getting job is no more a God given right to Americans' as someone has already said. Think global... Watch Seabiscuit... >>>>

Be careful what you wish for: The person who said 'Getting job is no more a God given right to Americans' has said that in the context of paying higher wages for American base of employees (and that includes you!) as compred to say, some one in Asia. I bet you will have a different opinion in a few years if you end up becoming a citizen or even a Permanent resident.
 
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