Time to stand up against DOS and USCIS

No hope unless there is some reform - the math behind this

Here are some stats regarding the total number of EB3 applications received during the past years.

2001 : 85,847
2002 : 88,002
2003 : 46,415
2004 : 85,969
2005 : 129,070
2006 : 89,922
2007 : 85,030

Let us consider the plight of those with PD before 2004(say 2002 and 2003)

Assuming that applicants in 2001 are mostly taken care of(the last valid priority date for EB3 -India was Nov.2001, before it became U) - for 2002 and 2003 we have a total of 134,417 applications in EB3 category

Total EB-3 Visas available/year = approx. 40,000 (28.3% of 140K)
India's quota/year = 7% of 40,000 = 2,800

Now even if we assume that of the 134,417 EB-3 applications, 20% belong to Indian nationals ( a fair assumption based on some historical data) there are going to be around 27,000 EB-3 applications from Indians. But we know that every year, only 2,800 visas are allocated to Indians.

That would mean a wait of close to 10 years for those who have priority date of Nov/Dec. 2003. I know that some folks will come up with the argument that any unused EB-1/EB-2 will trickle down to EB-3( it has happened before wherein in a particular year, close to 17,000 EB-3 visas were allocated to India !!). So even if you are highly optimistic your wait will be probably not for 10 years, but say 5 years from now !! But I doubt that will happen as there are substantial number of EB-1 and EB-2 applications in the pipeline - that will make up for their respective quotas, leaving little of the trickle down effect. (At the bottom I have provided the number of EB-1 and EB-2 applications filed over the years). I don't even want to do the math for those who filed in 2005 or 2006.

No wonder PD is not moving for India. Without a reform/miracle nothing much can happen. If at least they allow the recapture of the unused visas (over the past 8 to 10 years), then an additional 200,000 -250,000 visas will be available to overcome the handicap that has resulted in the long wait.

HOPE I AM WRONG and the wait is not as long !!

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Here are some stats regarding the total number of EB-2 applications received during the past years.
(Total EB-2 Visas available/year = approx. 40,000 (28.3% of 140K)

2005 : 42,597
2006 : 21,911
2007 : 44,162

Here are some stats regarding the total number of EB-1 applications received during the past years.
(Total EB-1 Visas available/year = approx. 40,000 (28.3% of 140K)

2005 : 64,731
2006 : 36,960
2007 : 26,697
 
... which is why you need a lobbyist, not an attorney. You need to get Congress to increase the number of EB3 visas. No court can do that.
 
TheRealCanadian said:
Is it? Did they consciously decide to make her wait based on ethnicity, gender or other protected attributes? If not, you have no case.

there is a case on the underlying principle that the green card should be awarded in a reasonable time. Crap softwares, long name checks/ extra paid EADs are all part of the problems. who said no one is paying for EAD's/APS. Discrimination is a broad word. ask a lawyer if you have not attended a law school.
Click to expand...
 
desi2007 said:
there is a case on the underlying principle that the green card should be awarded in a reasonable time.
Click to expand...

Assuming the PDs are current. The vast majority of time immigrants spend waiting is based on security checks and Priority Date waits.

Discrimination is a broad word. ask a lawyer if you have not attended a law school.
Click to expand...

And not all discrimination is prohibited. Any time you make a choice you discriminate.
 
I am not sure Mr canadian what you are trying to prove here. the people are trying to find out ways to resolve an issue. I dont think you have answered verything for the people. why dont you just leave them to make their comments.
 
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one more if you have this sort of attitude, I am sorry. I take my comments back. I get nothing out of this by debating with you. let others decide
 
I don't know why US should discriminate only Indians. Someone should sue USCIS for this pure discrimination and change the laws accordingly.
 
Discrimination?

The only discrimination happening is the congressional cap on visas for categories and countries within them. This is not based on race, but on nationality.

USCIS may be slow as heck, but I doubt strongly that it is doing anything akin to discrimination. Certainly not in this instance.

Your beef is with congress. If you want things changed, you will need to use the political process. I'd say with all the anti immigrant sentiment already out there, the chances of any real reform in 09 are remote.

In general, I'd strongly advise EB3 with PD > 2002 to consider other options. These might include canadian immigration, and returning to India -- much easier to do if you dont already have a family and a house here.

Of course, this coming from a guy who's safely on the other side of the divide. But back in my day, I endured the same story for about 5 years.
 
there are lawsuits possible on several fronts.
charging fee for renewal of EAD/AP from some people is one area for lawsuit.It is free for some and not free for some. For the same service. USCIS arguement about "hiked fees " can be taken in to the court if some lawyers are willing to do it. just because you diddnt file 1000 dollars fee for 485, doesnt mean you have to end with 650 bucks every year. calculate that for every family member and you know what I am talking. confronting USCIS in every step is one way to push things forward for pendig applications.
congressional lobbying and approval is another front.
 
Your beef is with Congress, not USCIS

I'm not making excuses for USCIS. In my day, I waited over five years to get my green card.

However, friends, the current issue has less to do with USCIS than it has to do with immigration quotas. These are laid down by acts of Congress. The problem Indian EB3s and EB2s are facing is simple... too many applicants, too few visas per year. Given the 10-1 lopsided ratio of applicants to visa numbers, things can only get a lot worse if the immigration rules are not changed in some substantial way.

Unfortunately, in the depths of a recession, this is a particularly inopportune time to increase the number of immigrant visas. I'd say anyone who supports increasing immigrant visas will probably put themself in severe trouble for re-election. Simply speaking, when US Citizens are unemployed in the millions, there is no incentive for anyone to increase immigration quotas.

Now there is a tendency in some circles to ascribe all these acts to racism. Unfortunately that tendency is misguided. No matter the race, people are stuck in queue (EB3 is unavailable for the entire world as of May 09). It has everything to do with demand and supply!

There is also a tendency to think of those who oppose immigration reform (whether increasing H1B numbers or GC numbers) as racist. Sure, some of them are. But the vast majority of them are driven by bread-and-butter issues, not color-of-skin issues. Its as simple as the fact that people are either out of a job or fear losing their job, so they become anti immigrant, because they perceive immigrants taking away their jobs.

So -- do spend your energies lobbying Congress for improvement in the laws. Hopefully once the economy roars back and we get back to normal employment, the opposition to increasing immigrant visa numbers will go away.

Now -- one place where the USCIS can be legitimately criticized is that once your number becomes current, they take between 1-2 years to act on it. And God forbid, if the visa dates retrogress, then you're back to square one. However that is a secondary issue. The primary issue is quotas.
 
MagnaHoy said:
However, friends, the current issue has less to do with USCIS than it has to do with immigration quotas. These are laid down by acts of Congress. The problem Indian EB3s and EB2s are facing is simple... too many applicants, too few visas per year. Given the 10-1 lopsided ratio of applicants to visa numbers, things can only get a lot worse if the immigration rules are not changed in some substantial way.
Click to expand...

Thank you. That has been my point. This is a problem that requires a political solution, not a legal one.
 
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