Why BCIS should process your case within 1 year ?

D

dsatish

Registered Users (C)
Hi all,
Rajiv is thinking of filing a Lawsuit on behalf of us (I485 applicants). What do you think is the basis for the Lawsuit ? Please discuss in this thread so that we can compile valid points / arguments and send them to Rajiv. Let every one bring their logical genious out here. How are we going to argue that BCIS must process our applications in 6 months or 1 year ? What are our valid arguments ? People may post their hardships in this thread .
Let me start with mine
--------------------------------------------------------------------
I agree that we do not have any right for speedier processing. The huge workload at BCIS along with security concerns have resulted in these delays. But my question to BCIS is what did they do in response to the increase in number of case and increased security concerns ? Did they increase the man power and did they atleast start approving as many cases as they receive daily ? This is the minimum thing expected of them in order to see that the delays do not increase. But over the last 1 year the processing started going up and it never came down. BCIS has not announced any action plan.

Most of the current immigration laws are archaic and they are causing a lot of problems under the present circumstances . The duration of validity of an EAD,AP, FP etc were kept at 1 year (FP is 1 yr 3 months) assuming that the I485 should be approved within that time. But the current circumstances are forcing us to apply for not only 2nd EAD, 2nd AP but also 3rd EAD, 3rd AP and now 3rd FP. Where is the end to this ? Who caused this situation ? Certainly not the laws. It's the BCIS working style that has resulted in these stupid things which are causing so much problems to us. The law does not state that you need 3 EAD extentions and 3 AP's and 3 FP's to get a greencard. So BCIS can't escape the blame stating that there were no laws stating that every application should be processed in 6 months (There is a law to this effect , but it's going to be effective from 2006 only).
BCIS is responsible for all the hardships that we are facing. It's not the Laws that are bad, it's BCIS working that's bad. They have no action plan and no concern for baclog reduction eventhough congress passed a law to that effect. The 2 yr waiting period (3 yrs for texas) is very orbitrary and creation of BCIS . It only reflects BCIS inefficiancy and insensitivity to the applicants who are its clients. The court must order BCIS to speeden up the process and submit an action plan to it. It can't get away with human rights violation (forcing us to work with the same employer for 5 years).

-dsatish
 
Friends,
Please post your suggestions and Hardships faced due to delay in GC processing. Some of your suggestions and problems will add value to our lawsuit. So please come forward.

abcd140, could you please post your hardships due to GC process.

Thanks.
 
It is a great idea. I hope more people will join this discussion. For me the process had been extremely painful. My PD is July 1998. And my first I485 was filed on 2000 and was denied due to the " Zero tolerance policy", at least that my lawyer told me. I had worked as J1 scholar before, and went back to my home country, and was readdmitted on a H1B. I was just two months short of the two years requirement. My lawyer told me that I had no problem because when I was admitted again as a H1b, basically I was waived of the 2 years requirement, and he had cases like that before, they had no problem. I trusted him and did not go back to finish that 2 months ( which was stupid). I had to leave the country and came back again with a new H1B. I filed a new I 485 last years and are pending over a year.

I am working in the field of medical research. Without a GC, I will never get a promotion. The problem is this, you need to get your own grant and your own research project to become a faculty member in the University. However, most research grants have residency requirement; you need to have a GC to qualify. I am wasting the best time of my life working as a associate. Furthermore, I am even reluctant to make a change in my job due to my past experience. The prolonged waiting is killing me, and mentally I am still not ready for over 2 years of waiting.

I will appreciate and support any effort to speed up this process. Please, everbody, lets fight to get the system work for us.
 
12-12-03

My opinion

I have been waiting for almost 20 months after filing for adjustment of status and almost 40 months since starting the GC process.

Waiting for apporval without any certainity is mental torture. Life has become miserable without any direction. As if we are existing and not living. Career and Future are on hold. Cannot plan anything properly. My daughter is about to go to college and she wont get scholarship. USCIS has no right to play with somebone's future. The sponsoring employer treats like slave and we cannot say a word about it. We see so many wrong doings at the job and have to deal with it. Frustration due to prolonged waiting may lead to psychiatric problems. Cannot concentrate properly at work. 2-3 years wait may be legal from USCIS stand point, but it is not moral or ethical to put someone and their family's life and career at stake. This is pathetic and outrageous. USCIS officer will understand our agony only if they will have to face this kind of hanging life for 3 to 4 years.

May GOD give them some understanding.
 
Last edited by a moderator:
That's a good one from gc949. I request others to come out with good points for argument in the court. We can send these points to Rajiv Khanna.
 
Stifled career development and career options is a big problem as I see it. I have been in the US since 1995, got my PhD, worked on several DoD sponsored research projects, gained acclaim as a top-notch researcher in my area of expertise but ...... I cannot change my job, cannot take up jobs at places that require some form of security clearance etc. Ofcource BCIS is also fleecing us with application fees for multiple EADs and APs.

-Aravind
 
Its been just 13Months for me for I-485 but the way things are going on it might take more than 30Months. Well my main reason of argument is when we are paying so much money for the GC process why we are being deprived of decision in timely manner. In fact the other day I reading news about some NJ UCIS officials caught taking bribe from illegal immigrants and giving them GC for a mere $2000-3000 in couple of months time. Is this a justice for us??? Why UCIS does not get organized and come out with news/explanations about delays from time to time. If they are having some budget problems they might well increase the fee to make the processing faster.

Secondly we are left to the mercy of sponsoring company. Whether we like the current employer or not we got to stick with it only. For every damn thing whether its address change, employment change, renewal of drivers license we are at the mercy of UCIS. My drivers license is valid till my EAD is valid and once I get my EAD renewed I have to get my driving license renewed by paying renewal fee. Why?? If I want to change my job and go in for better one where both my position as well as salary is very good I cant do that. Why?? If the employer does not give any increments knowing that I’m dependent on them, than what to do???

Thirdly its been a great pain for not only an individual but whole family. We all are stuck and can’t even do any planning. Schools like Stanford even refuse to speak to us until we have permanent residency status.
In what century or world we are living???
 
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)
 
Last edited by a moderator:
We need inputs from more people. Our collective ideas can help prepare good arguments for the law suit .
 
BCIS should delay an application as much as it can. Given that people can be good, bad (x)or illegal:

Good people:
while the application is in pending, it is like good people are suspended in the air from a tree or something. Hence, high paying jobs for "native" americans.

Bad people:
You may wonder it is like someone saying I am a thief catch me if you can and then run. If BCIS takes two years to wake up, it will be my guess as yours where to look for. That may sound logical to you and me, but we forget that AR-11 needs some use!

Illegal Aliens: (These people are not necessarily bad,
but are illegal; thanks to BCIS)
Provides a safe haven until they can find a way to naturalize and vote in the next election.

kudos!

just 'n fair
 
Last edited by a moderator:
You guys have already pointed out all the hardship I have in my mind. I dig deeper and deeper in my heart, and finally I found one more thing you guys did not mention yet. How many of you spend one or two hours per day on this website and rupnet? I am sure I spend at least one hour per day on this website and rupnet. Immigration forums distract us from our daily work because BCIS delays our greencard processing. That costs government, company, and personal money and that is one of the reasons why we are still not good in economy.
 
Here's an excerpt from my communication with my local congressman. Obviously there is not much hope with process but never hurts to try ....

-Aravind

> - indicates congressman's reply

> As I have indicated in my previous letter to you, I understand that
> immigration delays place a difficult burden on immigrants and their families
> as well as businesses. At a recent meeting, CIS staff indicated that it
> remains their goal to adjudicate all petitions in 180 days or less.
> Clearly, the information indicated above regarding current processing time
> shows that CIS if far short of this goal. At the same time, with regard to
> an individual case, it would not be possible to ask CIS to take any one case
> out of order ahead of all the others waiting in line. If your case goes
> beyond the current processing date, however please do not hesitate to
> contact me.
>

The main problem I have with the process is that BCIS expects me to stay in a state of limbo until 2005 at the rate they are processing now. Meanwhile I am supposed to be a good tax-payer, be a model law-aboding pseudo-citizen, help the US economy, develop technology that continues to keep US at the forefront of innovation etc. I hope you understand our frustration as a group. The immigration law has to change. If BCIS needs more resources that needs be provided. Application fees can be increased to cover part of this process. No one is complaining about that.

All we really ask of you as our representative is that you take this issue up with the appropriate committees and sub-committees and make sure that the 180 days timeframe is met with by BCIS. This is the day and age of information technology which should make lives easier, not tougher. America was built by immigrants not too long ago. Immigrants are a vital source of energy that drives this country even now. If you need more information I can provide that for you.
 
You must log in or register to reply here.
Top