Why BCIS should process your case within 1 year ?

Send your 485 problems to this email address.

We need personal problems that these 485 delays cause.

Several folks might have personal stories that you might not want to share in this board. I have volunteered to help out dsatish to collect the problems, compile and send it to Rajiv Khanna.


Please send your personal problems that these 485 delays are causing to problems485@yahoo.com.

Please email your stories before Dec 19th (this Fri)
 
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We need inputs from more people. Our collective ideas can help prepare good arguments for the law suit .
 
1.
They added staff, but their pending case increased more than 25%

2.
They didn't adjust the process to meet the current condition, there are people filed in 2001 still no 2nd FP, this is unnecessary dealy caused by their bureaucracy.
on the other hand, there are people get 3rd FP even after approval ?!
they transfer cases waited for more than 2 yrs, make them wait even longer

3.
They have the resource to make mistake (AP RFE), but no resource to correct their mistake. all these cause the applicant loss (travel plan at year end)

4.
We EB immigrant are superior, not supposed to work in the same or similar job duty after 5 yrs. otherwise what's the point for EB immigration, they could just import some robots. we have creativity, we are multi-field capable.
 
THERE IS NO WILL

If there was any will and mandate, there would be some way. If CANADA, an "inferior" to many country can do it, why not the US?

n, December 1, 2003

Immigration bureaucracy claims victory
By SUN MEDIA

OTTAWA -- By taking the unusual move of keeping its offices open at night and on weekends,
Citizenship and Immigration has cleared the backlog of applications for its new landed
immigrant ID card, Sun Media has learned. It's a giant feat for a department historically plagued
with backlogs across its operations.

CIC department spokesman Maria Iadinardi told Sun Media all applications for the new
permanent resident card, also known as the Maple Leaf, are now being processed on time, and
there's nothing waiting in the queue.

"The case processing centre in Sydney is processing these applications as they arrive. There's
no backlog," Iadinardi said.

EXTENDED WORKING HOURS

"The local CIC (offices) have extended their working hours in order to accommodate persons,
for example, who don't meet the scheduled appointment time to go pick up their cards. They've
extended to include evenings and weekends ... they had to do something to assist the
clientele."

The move was initially taken in Vancouver last summer when reports surfaced of long lineups
of people trying to get new Maple Leaf cards at Immigration offices. The new office hours were
then extended at other major cities such as Toronto and Montreal.

Heavily edited documents obtained by Sun Media through Access to Information legislation hint
the project has been operating with backlogs from shortly after it was launched. Attempts to
obtain a figure on the backlog have been unsuccessful.

Canadian Alliance MP Diane Ablonczy said immigrants have called her office complaining about
how the government is handling the distribution of the ID card.

"The problem is the real crunch comes right in the middle of a holiday season where people
are trying to get on carriers and if they don't have their (permanent resident card), they're not
going to be allowed to do that," Ablonczy said.

PERMANENT RESIDENT CARD

All landed immigrants who wish to travel outside Canada must have a permanent resident card,
which confirms status and acts as a travel document.
 
Re: Hardships ??

No you are not. But professional lobbying will take 10 years to yield some results. Lawsuit works much much faster!

Originally posted by or1or2

.................
Professional lobbying is the only way. Am I mistaken ?
Click to expand...
 
Re: Hardships ??

Originally posted by or1or2
Well, the emotional-stress and financial hardships of the foreigners is hardly justifiable to the rustics. What will they say ? If you lose your job, go back to where you came from because that's what the visa (H-1, O-1, whatever) was granted for. Isn't it ? Quite a few people have been reminded of this by quite a few not-so-nice republican senators offices.

Emotional-stress/trauma resulting from this type of situation is hardly provable. What would you say ? I get very upset and argue with my wife and scream at my kids ? Or, I feel so sorry every time I call home-country and say I can't visit this Winter/Summer because my nth AP is in the process ? Come on!


Please think of some other way such as professional lobbying. Yes, it may cost hundreds of thousands of dollars - but that's the only way out. Begging to CIS will not do for the general cause.

The point to be brought to the lime light is: how disgraceful is it for the world's mightiest technological force (USA) to have the most dilapidated adjudication/immigration system that not only fails to utilize the technology, but also takes years and years for a few simple tasks to be completed. Whereas, somewhat less priviledged countries like Canada, Australia, and Newzealand, among others, complete such adjudication within a few months to within a year.

Besides, that was the DREAM/VISION of the president of the US behind
separating the SERVICE from the Border-Patrol. Wasn't it ?

Professional lobbying is the only way. Am I mistaken ?
Click to expand...

or1or2,
You are wrong. Either you haven't read my opening arguments and the subsequent posting by cinta and others (or) you simply think that since BCIS is not breaking any law, we don't have any case against it. Please read my opening arguments again and you will realize that we definitely have a good case against BCIS.
How can BCIS not be held responsible for our financail and emotional loss when they are responsible for this ? We are not beggers and we are not at the mercy of BCIS. We came hare legally, working here legally and we are all legal immigrants now (our I140 is approved). We are just waiting for adjustment of status for permanent Residence. It is United States of America that wanted us. It is United States of America that brought us here and granted immigrant status. We are not living at the mercy of BCIS. Unfortunately BCIS makes us believe so and over the years, due to lack of proper questioning, they have grown arrogant and irresponsible. That is what we are going to question. The laws will be fine if BCIS processes the applications in a timely manner(the laws were designed for normal conditions). BCIS has brought disgrace to the immigration laws. I guess we should argue on these lines. We should also request the court to give some temporary relief by lifting some restrictions in the laws governing I485 applicants till the backlog reduces to 6 months period.
 
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When we are going to file???

Core Members,

When we are going to file the law suit or collect funds etc... its almost 3+ months.

I am not telling that we should be hurry but there should be some time frame that we are going to file it.

Delays due to security checks is rediculous. The more time the security checks take..the more time an illigal/legal bad immigrant is going to enjoy and do whatever he wants to do it.

We are not telling USCIS/BCIS to approve our applications..we are asking them to get decision in specific time period(540 days).

The way the security checks are conducting seems to me that they want us to do some crime so that we will be kicked out/rejected , this they can easily do by sending a letter.

The Law suit is perfect at this moment.

Please post the time period when we are going to file the law suit.

We all know what hadship we are facing...some persons did not coming forward means they are afraid of their job etc..they are lethargic, this is always there in our blood.

Waiting for their input is useless and wasting of valuable time.


thanks
Sg
 
Rajiv is in the process of drafting the document. He only decided to go ahed with lawsuit a couple weeks ago.

Please give him more time.

We'll keep everyone posted if there is any development.
 
Smita,
We can't put pressure on Rajiv. We just have to trust him. If the paperwork takes 2 or 3 months, let it be. Regarding the fund collection, i think we will be able to start it soon. The main problem is lack of participation from others in the activities. Only 3 people are working on everything and those three (including me) are bit stressed out now :(
 
Re: Re: Hardships ??

Originally posted by YJay
No you are not. But professional lobbying will take 10 years to yield some results. Lawsuit works much much faster!
Click to expand...

Wrt lobbyist,

Hiring one is a good idea BUT VERY EXPENSIVE. As I said earlier, one may not be enough and there are no guarantees. Besides, a lobbyist is no substitute to WHAT WE CAN DO. He/She can be regarded as a very expensive consultant.
A much better alternative would be to utilize what is already there. The existing lobbies. This requires some smart work though and a lot of PARTICIPATION. One example: A lot of us are planning to buy houses but cannot make that decision because og backlogs. Contact the National Association of Realtors, bring THEM ONBOARD and thus have them on our side and hopefully they would help our cause. In doing so, they could use THEIR LOBBIES. This is how the system works. Make allies, friends, and have them use their lobbies if so wished. The same holds for Small Business Associations and Companies.
 
There should be human right argument, otherwise how come illegal imigriant could file law suit.

Their inconsistency of the processing posted a problem as well. While people from 2001 Oct. still waiting, they approved June/July of the 2002. According to their movement, that should happen 3 yrs later (they move just 2 month in the last year). How could this happen? How could those cases security check done? How do they initiate the security check? What did they do to the old cases? This cause even more uncertainty in human’s life.
They are make a defined process more like buying lottory .

Every case is not just some paperwork in fornt of those officers, there are poepl’s life behind it.
 
It is very hillarious :D:D
I can't stop LOL

You all are yelling that BCIS is slow....

Check first what is your speed...
consistency ..
coordination ...

etc ...

YOu need more & more time just to
draft a letter..
send a letter
meetings -- ofcourse - cancelling without reason and notification
--Not agreeing on any one philosophy
...
list goes on.
 
Yes, this can be presented as one of the proofs of their careless attitude and silly excuses. We are not filing a law suit to know why BCIS is delaying the things. That's their problem. We want results. They have to sort out their internal problems. They are answerable to their applicants and they are not doing it. They are taking the applicants for granted and that's what we are going to fight against.
 
Confusing Online/AVM message...

When USCIS receives the RFE response, usually the AVM and online changes to "On August 18, 2003, we received your response to our request for evidence or information. It is taking between 365 and 540 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case". Number of days mentioned in the message means starting from RD mentioned in I-485 notice or after RFE received? Just like all of us, this 31st I will be completing 678 days since my RD of I-485. This is way beyond the 540 days as mentioned in the message. Which takes precedence number of days stated in the message or current processing time which is stuck at 01-15-02 for the past 4 months or so? Does the 678 days qualify for status inquiry or better yet suing USCIS?
 
Best for Law suit

bunchofquestion

Your case is more than 100% suitable for Law suit.

Please send your case details to Rajiv Sir.


thanks
Sg
 
could we argue the CP is a much shorter process? as why CIS doesn't do AOS right?

CP takes less than 6-8 months, while the 485 takes 24-36 months, they are essentialy the same thing, why the heck CIS has to take that long?

Does CP face the same process? all the check? if so, how could that be done much faster? just because State of Depart doing a much better job than CIS??
 
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