***Transcript of June 3 Hearing and Further Proceedings ***

Dear Mr. Rajiv,

I think, we can provide so many EB-485 cases to show the judge the biggest commanality among all is that 'DELAY OCCURING DUE TO ERROR MADE BY USCIS'.

As part of our discovery can we ask USCIS to provide statistics about how many EB-485 cases are getting delayed due to some kind of error made by the USCIS.

As you are aware this is very easy for us to find the commanality.

You have all my case detail and you can take my case also as an example for the following error they have made:

(1) EMPLOYMENT RFE SENT TO WRONG COMPANY ADDRESS. Response got delaied by 2 months.

(2) Transferred our cases to Missouri Service center without issuing any transferred notice.

(3) Recevied Case transferred notice to NY CITY LOCAL USCIS OFFICE even though I am in GA.

(4) Atlanta USCIS local office refused to issue interim EAD before 90 days of application filed where as Charlotte, NC local office issued interim EAD before 90 days.

There are so many errors USCIS making while processing our application and ultimatly we are suffering.

Thank you!
 
During the discovery process, can we find out what does it mean when an application is "touched" on USCIS' website? Months and years go by between when an application is first touched then adjudicated. Perhaps touched = dusting off the cover page of an I-485 application? :)
 
I was very happy after reading the court proceedings. It was sheer beauty when Rajiv said that the court was being misled and that the counsel was misinformed.

From now onwards, lets forget what we think, and let's start concentrating on the way the judge thinks. Whether we get a class action or not, is not that important. The judge is hesitant to do that.
The judge seems to want "facts" the processing time is "unreasonable". He was nice enough to work on the premise of our injury.
From the judge's logic, unreasonable would be if the case keeps shunted out for months on shelves, due to poor INS policies, which is definitely the case.
Let us take the 6 petitioners who have filed this case, and ask BCIS to give a day by day, timeline of work that the BCIS did on those.
It will immediately become apparent, that there were big time windows when nobody picked there cases for processing as they kept falling at the bottom of the pile after security checks, and nobody actioned on them even when the security clearance was complete, while cases after them got adjudication resources.
Then we should select 10 more cases, all belonging to March , 2002, not yet adjudicated, in the EB category and ask the BCIS guys to plot day by day progress on those cases.
Then a pattern can be shown.
I hope I am making sense.

Also Aguirre, in his testimony today, said they issue GC's 20,000 everyday. Presuming 250 work days in a year, that would be 5 million each year.
Are we missing something here ?
 
You have to keep on clicking and reloading each page. The USCIS website is not designed to experience heavy traffic.
 
cor

Rajiv,

LCANY is right.

1) Employment Based I-485 are not different for EB-1, EB-2, etc. categories. These apply in LC and I-140. After the whole thing about employment has been cleared with the approval of the I-140, the I-485 is just adjustment of status (that has already been earned) and is supposed to check for other things (the questions on the questionnaire, e.g. do you have a disease, are you a terrorist, are you a criminal, etc.)

Injuries:

2) I have lost 2 jobs because I started working with EAD and employer said "your EAD is expiring and there is no guarantee of green card with AC21, and we don't want to sponsor you". My newest employer (very large company) has threatened to terminate me "because I have changed jobs before GC is approved and this is illegal even with AC21" - this has caused major depression, lawyer's fees, marital problems, etc.

3) I am unable to go to my overseas wedding ceremony because 3rd AP is not approved in time, even though I applied 5 months ahead of time (damage is $10,000 at least)

4) I have lost money on buying a house because I couldn't get a good loan without GC.

5) 14 months of unemployment due to lack of "proper" GC. One official job offer was canceled when they found out I have EAD only, even though it was same/similar job.

6) Loss of salary due to 2nd inspection at airports, missed flights, lawyer meetings, fingerprinting, etc.

7) Loss of salary because many jobs require security clearance which requires GC.

8) Cannot have kids because of fear of rejection due to medical check (missing shots) and fear of I-485 denial

9) Cannot leave job because of AC21 rejection fear

10) Loss of salary because international travel-consulting assignments require complicated employment-permit in foreign country if you don't have US green card.
 
Backlog elimination report

The report is still there. Here are the links in case you were unable to download them.
http://uscis.gov/graphics/publicaffairs/factsheets/Back_Fact_06_17_04.pdf
http://uscis.gov/graphics/aboutus/congress/testimonies/2004/Backlog_06_17_04.pdf
http://uscis.gov/graphics/aboutus/repsstudies/BEPFinal-signed.pdf
http://uscis.gov/graphics/aboutus/repsstudies/presentation.pdf

I have downloaded them. If you still find it difficult to access them, let me know and I shall email them to you.
 
Backlog Reduction Plan For Immigration Applications (statement by Director Aquirre)

The url does not work on this forum.
Here is the attachment:
 
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My guess is

I tried to access the report yesterday evening and I couldnt do it. However, I was able to download that report last night. My guess is, the site is not being able to handle too many concurrent requests. Try when you think the internet traffic might be low -- late night or early morning!
 
Thanks Icany for posting this. For those of us in this predicament, promises of a 6-month processing time is great, but for someone else. The fact that no mention is made of the plight of those that have had to suffer through years of unnecessary hardship and discrimination, is sad. We are required to face injustice in silence.

By the way, does anyone else think it is comical that we are referred to as ALIENS? Heck, and I thought I'd done a pretty decent job of hiding the tentacles with the eyes at the ends of them....


On an unrelated note, can someone please post the link to the memorandum Director Aguirre is referring to here:

"...recently issued memorandum advising adjudicators that in most cases it is not necessary to request updates of financial information that was current at the time of filing."
 
yes, what about relief for the sufferings now???

relief by 2006 is good, but what about an intermediate relief now?
 
very vague plan

Highlights of backlog reduction plan

- very illusionary program outline
- Why only EAD will be issued for 1year+. Why not APs ?
- 20,000 GCs/day ???
- Unclear why pilot plans are introduced, what are the objectives?
- No regret for people suffering on daily basis, no plan for relief either
- If funding is allocated then why increase fees, why charge fees for renewals ?
 
Any updates Rajiv?

Have we decided the date of the deposition from USCIS Rajiv?

Are we required to send them the questions before time so that they can be somewhat prepared with the answers. If we surprise them with our questions on he call then they may not have the information. They hardly know what's going on in their organisation anyway.

Thanks for all that you are doing for us.
 
6/15/2004 Lofgren Joins Members of Congress to Address Immigration Petition Backlog

(Originally posted at Project Ocean main thread)

http://www.house.gov/lofgren/

6/15/2004
Rep. Lofgren Joins Members of Congress to Address Immigration Petition Backlog - Washington, DC- Congresswoman Lofgren today joined 43 members of Congress, representing 18 states, in sending a letter to Eduardo Aguirre, Jr., Director of Citizenship and Immigration Services, expressing concern over the immigration petition backlog and requesting a plan to eliminate the backlog.

http://www.house.gov/apps/list/pres..._to_Address_Immigration_Petition_Backlog.html

Press Release

Media Contact: Heather Wong, 202.225.3072

Rep. Lofgren Joins Members of Congress to Address Immigration Petition Backlog

Calls on Citizenship and Immigration Services to Develop PlanJune 15, 2004

Washington, DC- Congresswoman Lofgren today joined 43 members of Congress, representing 18 states, in sending a letter to Eduardo Aguirre, Jr., Director of Citizenship and Immigration Services, expressing concern over the immigration petition backlog and requesting a plan to eliminate the backlog.

The bipartisan group of Congressional Members signing the letter represents districts in the following states, indicates that this issue concerns constituents across the country: Arizona, California, Colorado, Florida, Tennessee, Hawaii, Illinois, Kansas, Massachusetts, Minnesota, Missouri, New York, North Carolina, Ohio, Pennsylvania, Texas, Virginia, Wisconsin.

The following is the text of the letter:
June 15, 2004

Director Eduardo Aguirre, Jr.

U.S. Citizenship and Immigration Services

U.S. Department of Homeland Security

Washington, D.C.

Dear Director Aguirre:

In a recent hearing before the House Subcommittee on Immigration, you stated that you are currently developing a new plan to eliminate the growing immigration petition backlog. The Los Angeles Times also reported that the plan will shortly be completed and sent to Congress. We write to you today to express our anticipation for that report and, more importantly, a report on any progress you have made in reducing and eventually eliminating the backlog.

As you know, CIS recently reported that more than 6 million immigration petitions awaited processing in 2003. This is a 90% increase over the backlog in 1997 and almost a 20% increase from 2002. In addition, the Los Angeles Times reported that processing times have doubled and tripled for "green cards," naturalization, and employer petitions between 2001 and 2003. The processing time for a "green card" was almost three years in 2003.

We understand that the President initiated a five-year plan in 2001 to eliminate the backlog and reach a six-month processing goal by 2006. We also understand the difficult consequences of increased security screening due to 9/11 and the recent transition of immigration services to the Department of Homeland Security (DHS). We thus recognize that the five-year backlog reduction initiative developed before 9/11 needs to be revised.

Unfortunately, more than two years after 9/11 we have, as of yet, to see a new and/or revised plan of action on the backlog. Instead, all we see are increasing backlogs. Thus, we ask that you provide us with the details of such a plan, your new deadlines for reaching the six-month goal for processing petitions, and any progress you have made on that plan.

We look forward to working with you on this very important issue. As you know, each one of these backlogged petitions represent a citizen, U.S. employer, or legal permanent resident waiting years for a response from their government on behalf of a family member or employee. Our constituents shouldn’t have to wait any longer.

Sincerely,

Zoe Lofgren (CA -16) Marsha Blackburn (TN - 07)

Jan Schakowsky (IL-09) Adam B. Schiff (CA - 29)

Dennis Moore (KS - 03) Joe Baca (CA -43)

Jeff Flake (AZ - 06) Pete Stark (CA -13)

Robert Wexler (FL -19) Anna Eshoo (CA -14)

Lloyd Doggett (TX -10) Patrick J. Tiberi (OH - 12)

Mark Udall (CO - 02) Ed Case (HI - 02)

Hilda Solis (CA -32) Michael M. Honda (CA - 15)

Melissa Hart (PA - 04) Karen McCarthy (MO - 05)

Michael E. Capuano (MA - 08) Loretta Sanchez (CA - 47)

Jim Moran (VA - 08) Edolphus Towns (NY - 10)

Jerry Kleczka (WI - 04) Howard L. Berman (CA - 28)

Henry A. Waxman (CA - 30) George Miller (CA - 07)

Lynn Woolsey (CA - 06) Luis V. Gutierrez (IL - 04)

Howard Coble (NC - 06) Bob Filner (CA - 51)

David Price (NC - 04) Martin Frost (TX - 24)

Diane E. Watson (CA -33) Sam Farr (CA - 17)

Betty McCollum (MN - 04) Tammy Baldwin (WI - 02)

Stephanie Tubbs Jones (OH - 11) Linda T. Sanchez (CA - 39)

Jim McDermott (WA - 07) Ellen O. Tauscher (CA - 10)

Grace F. Napolitano (CA - 38) Ciro D. Rodriguez (TX - 28)

William Delahunt (MA - 10) Jim Turner (TX - 02)
Click to expand...
Congresswoman Zoe Lofgren is serving her fifth term in Congress representing most of the City of San Jose and Santa Clara County. She serves as the ranking member on the Select Committee on Homeland Security Subcommittee on Cybersecurity, Science, and Research & Development. She is also a member of the House Judiciary Committee and the House Science Committee. Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 33 Democratic members of the U.S. House of Representatives from California.
 
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operations said:
Attached is the transcript of the 6/3 hearing. There are several errors in it but it gives you all the gist of what happened.

Today, we were before the court (by phone). The court has asked us to go ahead with a Rule 30(b)(6) deposition. Which means we get to speak with a senior officer of CIS and ask him/her questions under oath about the CIS procedures (the deposition can go on for upto 7 hours).

Working on it. Will inform you of details. As I had said earlier, keep the questions ready.
Click to expand...


Dear Rajiv could you tell us when this deposition is going to start??
I hope you will ask them questions about the local offices too, for example the arlington office. Couple of questions for the ins.

1. How many people are working on the transferred employment based cases??
2. What is their procedure for answering the queries filed by lawyers and the petitioners??
 
How significant is this development...?

From your experience/observations? Do you guys think Mr. Aguirre will be forced to spell a detailed plan unlike today?

Thanks,

kashmir said:
(Originally posted at Project Ocean main thread)

http://www.house.gov/lofgren/

6/15/2004
Rep. Lofgren Joins Members of Congress to Address Immigration Petition Backlog - Washington, DC- Congresswoman Lofgren today joined 43 members of Congress, representing 18 states, in sending a letter to Eduardo Aguirre, Jr., Director of Citizenship and Immigration Services, expressing concern over the immigration petition backlog and requesting a plan to eliminate the backlog.

http://www.house.gov/apps/list/pres..._to_Address_Immigration_Petition_Backlog.html

Press Release

Media Contact: Heather Wong, 202.225.3072

Rep. Lofgren Joins Members of Congress to Address Immigration Petition Backlog

Calls on Citizenship and Immigration Services to Develop PlanJune 15, 2004

Washington, DC- Congresswoman Lofgren today joined 43 members of Congress, representing 18 states, in sending a letter to Eduardo Aguirre, Jr., Director of Citizenship and Immigration Services, expressing concern over the immigration petition backlog and requesting a plan to eliminate the backlog.

The bipartisan group of Congressional Members signing the letter represents districts in the following states, indicates that this issue concerns constituents across the country: Arizona, California, Colorado, Florida, Tennessee, Hawaii, Illinois, Kansas, Massachusetts, Minnesota, Missouri, New York, North Carolina, Ohio, Pennsylvania, Texas, Virginia, Wisconsin.

The following is the text of the letter:

Congresswoman Zoe Lofgren is serving her fifth term in Congress representing most of the City of San Jose and Santa Clara County. She serves as the ranking member on the Select Committee on Homeland Security Subcommittee on Cybersecurity, Science, and Research & Development. She is also a member of the House Judiciary Committee and the House Science Committee. Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 33 Democratic members of the U.S. House of Representatives from California.
Click to expand...
 
They sort of have a plan now:

http://uscis.gov/graphics/aboutus/repsstudies/backlog.htm

check out the link to the 6/16 update. According to it, the cycle time (avg waiting time) in March 2004 is 23 month (which is a big lie). The projected cycle time is 20 month by oct 2004; 15 month by 2005. This requires finish all cases filed in 2002 by october. I don't see how they can do it.
So a plan is important. But what make you think they will follow the plan? unless there is consequence of failure...
 
Thanks folks

I am reading all your messages and observing your suggestions/data/excel spreadsheets.

I am hoping to depose them in the first or second week of July.

The way this works is - we have to send them a Notice about the areas we want to question them. CIS will then have to designate one or more knowledgable people to speak for them. I can ask them ALL your questions related to delays.

Working hard on it. Will not have too much time to post but I am reading it all. Keep going. My warmest regards to all of you.
 
hidden_dragon said:
They sort of have a plan now:

http://uscis.gov/graphics/aboutus/repsstudies/backlog.htm

check out the link to the 6/16 update. According to it, the cycle time (avg waiting time) in March 2004 is 23 month (which is a big lie). The projected cycle time is 20 month by oct 2004; 15 month by 2005. This requires finish all cases filed in 2002 by october. I don't see how they can do it.
So a plan is important. But what make you think they will follow the plan? unless there is consequence of failure...
Click to expand...

The trick is "how are they calculating this average wait time ?" . I hope that they are not trying to fool the congress with tricky statistics. That would be too big a gamble on their part. Without any more tricks, they should at least wake up now and try to keep their word (reducing the wait time to 20 months by Oct'1 this year). That means all the I485 cases filed on or before Jan'31/2003 should be adjudicated. They have only 3 months to do that. Can any one believe that they are going to do this ? I doubt it, but let's wait and see.
 
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