mariusp
06-29 06:32 PM
From Immigration-law.com
06/29/2007: Time to Keep Emotion Under Control
* The news of potential revision of the July Visa Bulletin is understandably taken very hard by everyone including this reporter. After spending sleepless evenings and weekends, this reporter feels like being hit by lightening rod from sky. But people should keep their emotion under control for a number of reasons: First, the AILA reports that they are working hard to stop the State Department from doing this. No one knows how much it will work, but no one knows whether they will change their mind either. Just calm down. Secondly, even if it is released, we have no idea which categories and how much there will be a retrogression. Some categories may turn out to be not too bad. We will just have to wait and see. Thirdly, the AILF is seeking a legal remedy should this rumor indeed materialize. This lawsuit threat may or may not affect the State Department one way or another. We are all educated people and should have received a proper training to maintain a decent composure and not to lose morality and reveal weakness of the personality. Losing one or two days will not induce the sky failling down. Availability of July 485 filing is at this juncture depends on two factors: One is whether the July Bulletin will indeed be revised and the numbers will be retrogressed. The other is whether the USCIS and the visa posts around the world will be able to adjudicate all the backlog I-485 or immigrant visa applications in a very short period of time. Until the Visa Bulletin revision news popped up, the only factor that would control the issue of how soon one should send in their I-485 applications was the speed of USCIS backlog 485 application adjudications during the next two weeks or beyond. Now, quite unexpectedly, our July 485 filing opportunities have been further mystified by not one but two yet-to-be-known factors - Visa Bulletin Revision and USCIS Backlog I-485 Processing Speed. As we reported earlier, we started receiving increasing number of backlog I-485 application approvals in the mail, but we do not know how fast it is undertaken by the USCIS at this time.
* All of us have consumed ourselves for a couple of weeks this month by the CIR. The emotional distress have been futher exacerbated by the I-140 pps suspension decision. By now, we come close to the level of being exhausted. We should go home, take a deep breath, and enjoy family. Shutting this website will not give a peace to the wanderers. Have a nice weekend.
06/29/2007: Time to Keep Emotion Under Control
* The news of potential revision of the July Visa Bulletin is understandably taken very hard by everyone including this reporter. After spending sleepless evenings and weekends, this reporter feels like being hit by lightening rod from sky. But people should keep their emotion under control for a number of reasons: First, the AILA reports that they are working hard to stop the State Department from doing this. No one knows how much it will work, but no one knows whether they will change their mind either. Just calm down. Secondly, even if it is released, we have no idea which categories and how much there will be a retrogression. Some categories may turn out to be not too bad. We will just have to wait and see. Thirdly, the AILF is seeking a legal remedy should this rumor indeed materialize. This lawsuit threat may or may not affect the State Department one way or another. We are all educated people and should have received a proper training to maintain a decent composure and not to lose morality and reveal weakness of the personality. Losing one or two days will not induce the sky failling down. Availability of July 485 filing is at this juncture depends on two factors: One is whether the July Bulletin will indeed be revised and the numbers will be retrogressed. The other is whether the USCIS and the visa posts around the world will be able to adjudicate all the backlog I-485 or immigrant visa applications in a very short period of time. Until the Visa Bulletin revision news popped up, the only factor that would control the issue of how soon one should send in their I-485 applications was the speed of USCIS backlog 485 application adjudications during the next two weeks or beyond. Now, quite unexpectedly, our July 485 filing opportunities have been further mystified by not one but two yet-to-be-known factors - Visa Bulletin Revision and USCIS Backlog I-485 Processing Speed. As we reported earlier, we started receiving increasing number of backlog I-485 application approvals in the mail, but we do not know how fast it is undertaken by the USCIS at this time.
* All of us have consumed ourselves for a couple of weeks this month by the CIR. The emotional distress have been futher exacerbated by the I-140 pps suspension decision. By now, we come close to the level of being exhausted. We should go home, take a deep breath, and enjoy family. Shutting this website will not give a peace to the wanderers. Have a nice weekend.
wallpaper Marly amp; Me 3-Disc Bad Dog
drirshad
01-24 12:16 PM
Lufthansa is another option for no transit visa, cheaper ticket than NW, Emirates or Singapore airlnies, little bit security check at Frankfurt when returning .....
saturnring11
08-16 01:23 PM
Today, I got a phone call from an IO at 7:45 am waking me up from my sleep. She said she was following-up on my request to the Senator to get a case update. She told me that my case is in transit to an officer from the holding facility.
This is the same status I got from my Infopass almost 10 days ago. How long does the case go from in-transit to assigned to an officer?
Is this common to get phone calls like this? She did give me her phone number and asked me to follow-up if I don't hear back in two weeks. Anyone experienced a similar situation?
This is the same status I got from my Infopass almost 10 days ago. How long does the case go from in-transit to assigned to an officer?
Is this common to get phone calls like this? She did give me her phone number and asked me to follow-up if I don't hear back in two weeks. Anyone experienced a similar situation?
2011 pictures Marley amp; Me: Life and Love marley and me dog. cute, dog, marley
nogreen4decade
09-15 12:37 PM
I received this email today.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
485 Journey:
1) Filed 485 in July'07.
2) Changed job in September '08 and also filed AC21 in December 2008
3) My PD got current this month.
4) Infopass on September 1st,2010. IO said, my case is sitting at NSC and also pending FBI background check. So I lowered my hopes to get my approval anytime soon, because of all pre-adjudicated cases.
5) Got CPO email this morning (September 15th,2010)
Thanks for IV contributions to immigration related issues. I am going to contribute more soon.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
485 Journey:
1) Filed 485 in July'07.
2) Changed job in September '08 and also filed AC21 in December 2008
3) My PD got current this month.
4) Infopass on September 1st,2010. IO said, my case is sitting at NSC and also pending FBI background check. So I lowered my hopes to get my approval anytime soon, because of all pre-adjudicated cases.
5) Got CPO email this morning (September 15th,2010)
Thanks for IV contributions to immigration related issues. I am going to contribute more soon.
more...
newtoearth
06-16 03:35 PM
legal shortcut.
>> This shows your poor understanding of how an Indian company is being operated
:D
Grow up dude... You don't have any facts or knowledge on this only you have hatered
>> This shows your poor understanding of how an Indian company is being operated
:D
Grow up dude... You don't have any facts or knowledge on this only you have hatered
vsukumar
09-17 08:10 PM
Got the CPO ordered email on 09/16/2010, updated to Post Decision Activity on 09/17/2010 for both primary and derivative.
Got FP appointment scheduled in the first week of Sep, but gave it earlier ( last week of august)
No SR, No Infopass.
Got FP appointment scheduled in the first week of Sep, but gave it earlier ( last week of august)
No SR, No Infopass.
more...
leoindiano
01-08 05:21 PM
Just an idea !
Please stress about how you cannot buy a house because your immigrant status is always in limbo and you have plans to buy house as soon as you receive greencard.
Look at the market today. It tanked another 250 points. Give greencards, alleviate mortgage crisis to an extent.
Please stress about how you cannot buy a house because your immigrant status is always in limbo and you have plans to buy house as soon as you receive greencard.
Look at the market today. It tanked another 250 points. Give greencards, alleviate mortgage crisis to an extent.
2010 of “Marley and Me”.
sundarpn
01-02 12:27 AM
This is useful info. But scary :(:mad:
I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.
Can anyone who goes for H1b revalidation post their experiences?
is this showing any signs of improvement?
I was planning to get my h1b visa revalidation done at Chennai end of Jan '08.
Can anyone who goes for H1b revalidation post their experiences?
is this showing any signs of improvement?
more...
gc_nebraska
08-13 04:49 AM
hi,
just wanted to see if anyone who is in a similar situation as me but is current got their GC recently, in july or aug 2010.
I got married in june 2007, just prior to the july fiasco. I was able to file for AoS in july 2007,
and soon after got an RFE for evidence of marriage for my wife. We responded to the RFE immediately, and since then, my case status says "initial review" while hers says "we received your response to the RFE", dated sep 2008.
I will be current next month - just wondering whether the RFE processing might end up taking a lot of time and thus spill over into next FYs visa bulletins (which have a small chance of retrogressing back by a few months presumably).
Has anyone who received their GC in the past few weeks been in a similar situation with status shown as "received response to your RFE" but no updates since....and still gotten their GC soon after their dates became current?
any data points will be helpful.
thanks,
-fb
Hi Foobar ,Mine is excatly the same case as yours , as of this month iam current so far no luck but will let you know with any updates .. good luck .
just wanted to see if anyone who is in a similar situation as me but is current got their GC recently, in july or aug 2010.
I got married in june 2007, just prior to the july fiasco. I was able to file for AoS in july 2007,
and soon after got an RFE for evidence of marriage for my wife. We responded to the RFE immediately, and since then, my case status says "initial review" while hers says "we received your response to the RFE", dated sep 2008.
I will be current next month - just wondering whether the RFE processing might end up taking a lot of time and thus spill over into next FYs visa bulletins (which have a small chance of retrogressing back by a few months presumably).
Has anyone who received their GC in the past few weeks been in a similar situation with status shown as "received response to your RFE" but no updates since....and still gotten their GC soon after their dates became current?
any data points will be helpful.
thanks,
-fb
Hi Foobar ,Mine is excatly the same case as yours , as of this month iam current so far no luck but will let you know with any updates .. good luck .
hair marley and me dog. hairstyles Marley amp; Me: Saddest/Happiest marley and
makemygc
01-24 10:33 PM
No more 1 year multiple entry TV. I was issued only 2months multiple entry with visa expiring just after 15 days of my return.
With all due sympathies, this is one of the funniest posts I have read in a long time....It helps to lighten up a bit every now and then considering we are all in this for a long haul...
Anyway, just wanted to let you know that I went through London back in 2004 and my experience was completely different. I went to the NYC consulate to get my TV for $50, yes just $50 and the whole paper work etc was done in less than 30min and I had to go back after 2 hours to collect my passport with a 1 year multiple entry stamped on it.
My point being, I think they have changed a lot of rules and made it more stringent after the recent security threats etc.
Getting a GC soon is our saviour
With all due sympathies, this is one of the funniest posts I have read in a long time....It helps to lighten up a bit every now and then considering we are all in this for a long haul...
Anyway, just wanted to let you know that I went through London back in 2004 and my experience was completely different. I went to the NYC consulate to get my TV for $50, yes just $50 and the whole paper work etc was done in less than 30min and I had to go back after 2 hours to collect my passport with a 1 year multiple entry stamped on it.
My point being, I think they have changed a lot of rules and made it more stringent after the recent security threats etc.
Getting a GC soon is our saviour
more...
grupak
03-28 03:33 PM
As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
See:
http://immigration-information.com/forums/showthread.php?t=4704
and also
http://immigration-information.com/forums/showthread.php?t=4702
whitecollarslave you are doing a great service by collecting all these facts.
See:
http://immigration-information.com/forums/showthread.php?t=4704
and also
http://immigration-information.com/forums/showthread.php?t=4702
whitecollarslave you are doing a great service by collecting all these facts.
hot from Marley and Me.
kriskris
01-25 11:21 AM
We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
more...
house spoils Marley and Me.
.JPG "Salve at Marley and Me Dog")
krish2006
04-04 04:15 PM
I think you meant to say 2800 not 5800. I'm correcting your statement.
So India regular quota for the last six months : 2800/2 = 1400
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
Thanks for the pointing this . Corrected the original post to reflect the same.
(I was thinking of china so 2800 became 5800 :) )
So India regular quota for the last six months : 2800/2 = 1400
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
Thanks for the pointing this . Corrected the original post to reflect the same.
(I was thinking of china so 2800 became 5800 :) )
tattoo Marley amp; Me Urban Poster
letstalklc
08-27 01:01 PM
I called Vonage Customer service , If you signup Vonage World there is no 5k Min. limit. Its unlimited. Guys please don't post the wrong info.
Pal351 - It's not wrong, what I said based on my chat and call with customer support and they confirmed the smae that 5K limit per month for Vonage World Residential Plan .
Click below link and look for 5.4 for the same
http://www.vonage.com/tos/?refer_id=WEBSR0706010001W1
for your information I am pasting the same from Vonage website
------------------------------------------------------------------------------------------------------Inconsistent with Normal Use.
If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at Vonage's sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and you are notified that your usage is inconsistent with normal residential use, you may thereafter be required to pay our higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. More than 5,000 minutes per line per month for unlimited residential calling and more than 10,000 minutes per line per month for unlimited small business calling will not be considered normal use. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered inconsistent with normal use. Usage over these levels or other inconsistent use will result, in Vonage's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable termination charges. For a non-exhaustive list of examples of uses of our service inconsistent with normal residential use, click here.
Commercial, not-for profit, governmental use or other similar useThe use of the service at a multi-residential address for more than one single residence; orThe use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature
-------------------------------------------------------------------------------------------------------
Hope above will clarify......
Pal351 - It's not wrong, what I said based on my chat and call with customer support and they confirmed the smae that 5K limit per month for Vonage World Residential Plan .
Click below link and look for 5.4 for the same
http://www.vonage.com/tos/?refer_id=WEBSR0706010001W1
for your information I am pasting the same from Vonage website
------------------------------------------------------------------------------------------------------Inconsistent with Normal Use.
If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at Vonage's sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and you are notified that your usage is inconsistent with normal residential use, you may thereafter be required to pay our higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. More than 5,000 minutes per line per month for unlimited residential calling and more than 10,000 minutes per line per month for unlimited small business calling will not be considered normal use. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered inconsistent with normal use. Usage over these levels or other inconsistent use will result, in Vonage's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable termination charges. For a non-exhaustive list of examples of uses of our service inconsistent with normal residential use, click here.
Commercial, not-for profit, governmental use or other similar useThe use of the service at a multi-residential address for more than one single residence; orThe use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature
-------------------------------------------------------------------------------------------------------
Hope above will clarify......
more...
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Robert Kumar
04-01 06:33 PM
I don't want to be a spoilsport.
But there is a possibility that EB2I has not yet retrogressed (inspite of heavy porting) because USCIS knows EB1C 12000 will flow to EB2 right. In that case we may not see movement of dates in par with 12000 spillover.
Maybe I am pessimistic.
In all calculations, it is mentioned that porting at max could be 6k/year. How did we come up with this number? Any proof or just a guess?
Thanks.
"Inspite of heavy porting". Dude, with just two posts, and that in last 2 months, where do you get that info.
Let us know how did you come up with that conclusion.
But there is a possibility that EB2I has not yet retrogressed (inspite of heavy porting) because USCIS knows EB1C 12000 will flow to EB2 right. In that case we may not see movement of dates in par with 12000 spillover.
Maybe I am pessimistic.
In all calculations, it is mentioned that porting at max could be 6k/year. How did we come up with this number? Any proof or just a guess?
Thanks.
"Inspite of heavy porting". Dude, with just two posts, and that in last 2 months, where do you get that info.
Let us know how did you come up with that conclusion.
dresses Marley-And-Me-dog-film-movies-
prinive
07-09 06:33 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
more...
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GreenCard4US
07-13 11:01 PM
When IV can force CIS to change thier stand and listen, we can surely take this guy to task. Please come up with some plan. This guy is poisoning the minds of the American public with "Cock and Bull" facts, it's time he is put in his rightful place.
girlfriend Marley amp; Me by John Grogan
glus
05-24 01:06 PM
I have a question regarding the I-693 Medical exam. it was mentioned that you will need to take a vaccine for MMR, Varicella, Tetanus and Hapatitis B. it was also mentioned that they will do a tb test and a blood test for HIV and syphilis. are these all the vaccinations and blood tests required or are there aother blood test required in addition to these??
please advise. Thanks
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
please advise. Thanks
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
hairstyles Marley amp; Me (2008) DVDRip
acecupid
06-16 10:21 AM
Thanks for your reply.
what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.
Please suggest what he can do in this situation.
If anyone come across in this situation then please reply to my question.
Appericiate your help in advacne
Is this your friend's story or your story ? :confused: On another thread you quoted the above as your story. Whats going on buddy ?
what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.
Please suggest what he can do in this situation.
If anyone come across in this situation then please reply to my question.
Appericiate your help in advacne
Is this your friend's story or your story ? :confused: On another thread you quoted the above as your story. Whats going on buddy ?
drona
07-10 10:27 PM
Well done Dilip Tekkedil! Your quote in the Washington Post article was too good!
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
pappu
11-06 03:28 PM
Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
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