NPR Coverage - Attn. Rajiv
In the NPR coverage this morning it is important to note that CIS is claiming that AOS backlog is caused due to the additional security checks needed to scan AOS applicants...
From the CIS spokesman " we scan the applicants once their applications are received and again before they are finally processed"
Even this guy indicated that the agency will not compromise on security checks regardless of the size of the resulting backlog.
The lawsuit may generate the same response from CIS. We will need to comeup with a strong response to counter this claim. I mean, how can additional security checks cause such a massive backlog (according to NPR the current backlog is 6 million AOS applications - forget about 6 month processing target by 2006!!). CIS did perform checks in the past. And most of these checks are done through computerized database searches anyway. It is not like IIOs are running around places to conduct checks on applicants. But, CIS will have a valid reason for keeping their procedures confidential and use that as the cause for all this delay.
The INA does not specify a timeframe for processing AOS applications. Therefore, the main question here is what is a reasonable timeframe for processing AOS applications, and how do we convince the Court on this point. Typically, the overwhelming majority (> 90%) of immigrants are in the family based categories and the acceptable timeframe for their adjustment has been in terms of years (for whatever reason). That was not the case for EB AOS applicants 3 years back. If the general public views AOS in the typical terms, 4 years of wait for AOS may not appear as being that different/crucial.
We really need to focus on separating EB AOS from FB AOS and what could be viewed as an acceptable timeframe for EB AOS applicants given the constraints of economy, job situation, costs for EAD/AP renewal, progress on job, etc. With Lou Dobbs screaming everyday about BPO, the public support (and the Court view) may overshadow the real reason for delay and paint this issue with the same color as this administration has been doing to every other issue!!
How do we show the Court that additional security checks can't possibly explain such huge delays in processing AOS applications? Keep in mind, we will never get a chance to examine the details of what security procedures CIS adopts to process AOS applicants for reasons of confidentiality.
And finally to everybody, do your bit to seek a change come November.