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
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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
 
Dsatish – A thought.

Folks please come forward with your hardship, that would give Rajiv some ideas.

1) Employers take advantage of you (longer hours, lesser pay etc.) knowing your situation.
2) Advance Parole delays cause problems in accepting international projects. So you essentially stagnate in the job until you get the Green Card.
3) Local service centers have their own policies regarding issuance of interim EAD (sometimes they do sometimes they don’t) it causes you to not to work while you are waiting for the actual card. Sometimes BCIS mess ups (ex: lost photos, paperwork at CIS) causes you not to work during that time frame.
4) Random approvals (I am happy for those folks): Folks who have applied several months after us who have applied in the same category are approved regularly and not as an exception.
5) Just mentioning that 485 takes 2-3 years might not elicit sympathy from the courts. We have to make sure to mention that the GC process started 4-5 years ago and is prolonged by these 485 delays. With the trend to transfer to local offices this wait is prolonged still.
6) American businesses is also affected by these delays because they don’t want to hire someone whom they cannot grow/promote and will essentially do the same duties for the next 5 years. This is not good for the continued growth of the economy and to make the U.S. a leader in the world.
7) Cannot get more education for personal and professional growth because of the high out of state tuition costs.
8) Mental anguish from having to wait for such a long time affects our every day activities.



Personally I feel like a Guantanamo detainee who has been detained indefinitely, no explanations given and do not know when I will be released. After 4.5 years since I started the GC process, only God knows when the approval could arrive.
 
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1) Loosing the Opportunities....even you have EAD with the restriction as you have to have to same job level, skills, pay etc., for waiting 3 + years to get greencard and staying with the same employer. No Carrier Growth.

2) If you are capable as a manager or team lead when you have more exp. with the skills you are performing with the client/employer who is sponsoring. But the Labor Condition has to match the new job taken. when you join as a programmer analyst you have to be an analyst. not a Team Lead / Project Manager for any project.

3) Every year you have renew your EAD / AP / FP's (Incase you done already).

How much work load increase for the BCIS for the renewals and the new cards printing. If they are increasing there is no time or chance to see any ones I 485 petitions.

The renewals are costing the filers more money, time and effort. As BCIS has to approve the cases in 180 days, if not the present employer say I can't support you as you are not adjusticated with GC. I can't offer a Fulltime Employment, as you do not have GC. You will be loosing the Permanent employment and the employer treat as a temp. Employment only.

4) After 180 days getting the same skillset job, pay and level is very difficult in these market situation.

you have to accept some employment to service. which is not the same skills or pay or job level.

You will be working in Grocery stores after your layoffs as a unskilled worker.

if you work you will become as illegal employment as you are not fulfilling the conditions in your labor.

If you take the benefits from unemployment you are not sure you will be getting you GC.

5) Not getting AP's will cause you will not visit your home country even some one in your family sick or died because of non approvals of AP's and no Interim AP's with some local district offices which they even don't have any idea why they are doing and what they are working.

6) Tensions all the times when you will get the approval for the case which you submitted or some RFE's who know what is going to happen if I can't get approved by expire of the old one.

7) More stress with this delay every day in every one life.

I will come up with some more, time being I got this.

If I am wrong please forgive me... Guru's....

BaSh





:eek: :eek: :eek:
 
just a thought...

how will delaying the gc increase security? imho, these two are totally different things.

by virtue of filing 485 a person is allowed to stay in the usa until the gc is either approved or denied. supposing a terrorist is going to file for gc, he knows that bcis won't touch his file for another 2 years, so he has ample time to plan an attack or whatever and knowing that he is in legal status all the time!!!

if bcis gives a counter argument that checks are done at the time of filing as well - and even for ead, ap etc, then when those applications are approved why not approve the original 485 as well? either way what bcis says is BS!!!
 
Green Card is for future job

Most of the 2001 filers are in a 4 to 5 year approval cycle starting with the submission of the I-140 petition by their sponsoring employer. What employer can predict the need for filling a position in 5 years? This whole system is absurd. It needs to be a 6 month cycle, 1 year max., including the I-140 petition time.

w8nc
PD 11/99
RD 08/01
 
Re: Green Card is for future job

Originally posted by w8nc
Most of the 2001 filers are in a 4 to 5 year approval cycle starting with the submission of the I-140 petition by their sponsoring employer. What employer can predict the need for filling a position in 5 years? This whole system is absurd. It needs to be a 6 month cycle, 1 year max., including the I-140 petition time.

w8nc
PD 11/99
RD 08/01
Click to expand...

Excellent point. This is what should be the core of the arguments. It's not the law that is stupid , it's the implementation of BCIS that is stupid. If the labor department and BCIS does thier duty correctly, the laws definitely make sense (GC for future employment). The law makers did not think that this whole cycle will take 4 to 5 years. These delays have no legal sanctity and they are against the spirit of the laws governing this type of applications.
PS : Rajiv Khanna might be visiting this thread. So he can pick up our valid points. So keep pouring your thoughts here.
 
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 .
 
Problems it causes? I have a long list.

1- Emotional distress.
2- Family discrimination at universities with lots of trouble to get in with "Adjustee Status".
3- Loss of business for the company because your AP is also not approved in time and you have a customer overseas.
4- Company wants to promote you and they cannot because you have to stay in the same position until this thing is approved.
5- Loss of tax money because you are stuck in the same job and cannot make more money somewhere else.
6- Loss of revenue of travel related business because you do not travel in fear that you are going to run into trouble.
7- Family cannot generate any revenue and consequently taxes because they are stuck with H4 if you want to keep your H1B durring the approval process.


And the list goes on forever, I will think in something else to add later.

Regards,

JLSBR
 
1) Recently I finally had saved enough downpayment money and built enough credit history to move from my apartment into a place of my own. I talked with the bank, did the pre-approval, found my place with the help of a real estate agent, got an accepted offer in, and then... The bank didn't understand what AOS, EAD, or AP was, and would only accept a valid J/H/L/F visa or a copy of a green card ('A' number was not sufficient). Even involved the bank's central office etc. I almost lost the place and my 'earnest money' downpayment, if it weren't for a good mortgage broker that knew his way around the various mortgage types better. If the AOS status is too complicated for a large bank in this state to understand, then why are we stuck in its limbo for years?

2) yearly driver license renewals are not only very humiliating (I have a perfect driving record, why am I treated as somebody not worthy of driving longer than 12 months on end) but also a waste of money, time, and DMV resources.

3) Isn't the I140 the petition where the green card is approved for the job, and the I485 just a status update for the applicant? The I140 takes 6-18 months, why should the I485 take more than 6-18 weeks? I485 should be a security and background check, but now because of the long delays they have to pretty much include a lot of address and job changes (just look at the number of mentions of AR-11 and AC-21, and employment RFE here). A lot of waste of resources of the Service Centers as well (not even speaking of EAD/AP renewals).

4) Large fluctuations of processing times for AP and EAD make it a gamble when to apply (too early and you will have overlap in the validity dates, resulting in needing more than one AP/EAD renewal per year (wasting more TSC resources, and money), or too late and you will be out-of-status for a while, with devastating potentials). This puts a lot of unnecessary stress on people, especially because it goes on for years on end

5) Traveling on AP means going through the 'second waiting room' process in the airports. Of the two times that I traveled internationally on AP this year, I missed my connecting flight 50% of the time because of this... With a visa or green card, travel is a lot less cumbersome than on AOS with AP. This is not much of a problem if AOS takes less than a year, but three years or more of this?

6) Citizenship. The time waiting for AOS approval does not count towards the residency requirement for citizenship, even though the AOS applicant lives and works in the country during the entire processing (otherwise would use consular processing).

7) As an AOS applicant, The IRS considers you a resident, the INS/BCIS/USCIS doesnt. What to answer to the question 'are you a resident'?

8) As a new homeowner, living and working full time in this state, I am not eligible for the tax breaks and tax protections that all other full time residents of the state get. The forms for the 'homestead excemption' and 'save our homes' protection in Florida require a copy of the green card. EAD doesn't count. So during AOS, the state considers you an out-of-stater because you don't have the plastic card. Over the years of waiting for AOS approval, that can cost the AOS applicant a lot of money.

But that doesn't mean we're giving up yet...
 
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