singhsa3
08-06 08:13 PM
Where will this road take us?
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rcr_bulk
08-25 03:56 PM
Ask them to connect you to the head/Senior executive. I did the same thing with my local cable+phone and was connected to a the head of their customer Service. That person connected me to more senior marketing person. That marketing person called me and emailed me to discuss. The company had no idea about Vonage plan and seemed unprepared to have a strategy to stop the exodus of its customers to Vonage.
All of you can do the same. When more people do it, it will generate market demand and customer demand that money hungry capitalist companies cannot ignore. If you do not do it, then one company will have monopoly over this market.
I agree.
All of you can do the same. When more people do it, it will generate market demand and customer demand that money hungry capitalist companies cannot ignore. If you do not do it, then one company will have monopoly over this market.
I agree.
gc_on_demand
09-16 10:15 AM
Single Person's Effort Makes Difference
Everyone should try.
Please call committee memebers and local congressmen/women
Everyone should try.
Please call committee memebers and local congressmen/women
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catopa
10-30 08:47 AM
Sent the letters
more...
singhsa3
10-21 08:28 PM
Can you please state the source of ur information.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
nkavjs
09-26 02:36 PM
This is the same draft (I just changed the Dear.... senator./congressman/USCIS Assistant Inspector) for each and every email I sent out.
Congressmen& Senator needs faxed copies with Date and Sign on it.
Yes the same to the USCIS dept also. I got replies from Senator and Congressmen.. but nothing coming out of USCIS tight lips.
Congressmen& Senator needs faxed copies with Date and Sign on it.
Yes the same to the USCIS dept also. I got replies from Senator and Congressmen.. but nothing coming out of USCIS tight lips.
more...
gc_wow
09-24 11:27 PM
It looks like atleast 75% of EB2 I with priority dates 2004 seems to be approved, this should bring down the count of 2004 less than 1000 may be little more than 1000.
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jonty_11
08-09 01:58 PM
This is my view about how USCIS has messed up in name check delays.
Name check PROGRAM that they might be using takes into account phoenetic spelling of FIRST and LAST NAME. Now just imagine, if your name is broken into 100 different spelling combinations and when your entire BIRTH YEAR IS checked against the databse--it will be surprising if there are no HITS. And to resolve those hits, pre-1995 records needs to be serached manually. There is no responsibility or time commitment by FBI or USCIS for the delay.
This might be true for Asian names. The argument is-- the names in the databse are translations and therefore, they need to check accordingly.
I BET they are not doing this for AMERICAN names, I mean for passport approval, they do not apply phoenetic program. I remember that FBI testimony included the discussion that they have set up appropriate filters for passport applicants (american citizens) so that unnecessary hits are avoided. Now this is my view and a discussion point. I may be wrong too.
In effect, Indian and Chinese professionals are deprived of immigration benefits.
Equally controversial is per country limitations in EB categories. If you do not select based on country of origin, you should not be subjected to per country limits because you are working for an american company and you are going to be american. Any demographic adjustment need to be made in diversity visa lottery.
This retrogression in effect deprives Indian and Chinese professionals of their benefits.
Justice and fairness has it that these problems need to be addressed. Abundant common sense and deeply practical approach that USA has, I am sure above problems will find attention. This great nation has always supported JUST and FAIR rules.
I think Indians have outnumbered chinese over the last 2-3 years...
Come October, the VB will be worse for India and Much better for China.
Name check PROGRAM that they might be using takes into account phoenetic spelling of FIRST and LAST NAME. Now just imagine, if your name is broken into 100 different spelling combinations and when your entire BIRTH YEAR IS checked against the databse--it will be surprising if there are no HITS. And to resolve those hits, pre-1995 records needs to be serached manually. There is no responsibility or time commitment by FBI or USCIS for the delay.
This might be true for Asian names. The argument is-- the names in the databse are translations and therefore, they need to check accordingly.
I BET they are not doing this for AMERICAN names, I mean for passport approval, they do not apply phoenetic program. I remember that FBI testimony included the discussion that they have set up appropriate filters for passport applicants (american citizens) so that unnecessary hits are avoided. Now this is my view and a discussion point. I may be wrong too.
In effect, Indian and Chinese professionals are deprived of immigration benefits.
Equally controversial is per country limitations in EB categories. If you do not select based on country of origin, you should not be subjected to per country limits because you are working for an american company and you are going to be american. Any demographic adjustment need to be made in diversity visa lottery.
This retrogression in effect deprives Indian and Chinese professionals of their benefits.
Justice and fairness has it that these problems need to be addressed. Abundant common sense and deeply practical approach that USA has, I am sure above problems will find attention. This great nation has always supported JUST and FAIR rules.
I think Indians have outnumbered chinese over the last 2-3 years...
Come October, the VB will be worse for India and Much better for China.
more...
pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
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seekerofpeace
10-06 12:57 PM
There has been some requests for the letter format that I sent to Napolitano and Mr. President. I can't put them in the public domain but I'll be happy to send them if you give your personal email ids.
Yesterday was a very eventful day for me...in the afternoon my wife got approved and 12 hours later we had to call in emergency 911 to take her to the hospital as she was having such strong chills and violent shakings..we all got scared and we have a 2 and half month baby on top of that.....but with strong dose of antibiotics and drips she is better and back.....wow what a day and night.....
In any case I'll answer all your queries....I feel the option 4 is the best way to get to TSC...I have always used that....congressman's office has discretionary powers and you should use that.....use strong words it is your right......they are here to serve you unlike in India where they are there to get pocket your money....no pun for my motherland but unfortunately it is true....
Try a time frame of 4:30-5:30 EST to call the TSC or NSC for that matter...ppl are in a better mood at the end of the day and on thursdays and fridays.....ping your lawyer and ask him or her to intervene......if you know for sure your case is preadjudicated write it strongly in your mails to DHS and others.
I had in fact attached the previous year letters and their responses back to me in my last mail to Napolitano and it was really quite strong.....I am sure it is hard not to take a note of it......I don't mince words and I believe that one should fight for one's rights....
I have been associated with organizations like ASHA, AID and DISHA for long and that have taught me a lot too.............
Again your attitude should be "You have nothing to loose"...so make a best case for yourself and go for it...
SoP
Yesterday was a very eventful day for me...in the afternoon my wife got approved and 12 hours later we had to call in emergency 911 to take her to the hospital as she was having such strong chills and violent shakings..we all got scared and we have a 2 and half month baby on top of that.....but with strong dose of antibiotics and drips she is better and back.....wow what a day and night.....
In any case I'll answer all your queries....I feel the option 4 is the best way to get to TSC...I have always used that....congressman's office has discretionary powers and you should use that.....use strong words it is your right......they are here to serve you unlike in India where they are there to get pocket your money....no pun for my motherland but unfortunately it is true....
Try a time frame of 4:30-5:30 EST to call the TSC or NSC for that matter...ppl are in a better mood at the end of the day and on thursdays and fridays.....ping your lawyer and ask him or her to intervene......if you know for sure your case is preadjudicated write it strongly in your mails to DHS and others.
I had in fact attached the previous year letters and their responses back to me in my last mail to Napolitano and it was really quite strong.....I am sure it is hard not to take a note of it......I don't mince words and I believe that one should fight for one's rights....
I have been associated with organizations like ASHA, AID and DISHA for long and that have taught me a lot too.............
Again your attitude should be "You have nothing to loose"...so make a best case for yourself and go for it...
SoP
more...
bobby
05-21 04:32 PM
I am curious to know what USCIS actually does when they adjudicate adjustment of status cases. I know a security/name check is done when they have your fingerprints but what else? Do they use your social security number to look at your credit history or do they contact the IRS for transcripts of your tax returns etc, how do they verify information on your employer etc etc? Does anyone know what procedures/actions USCIS takes when adjudicating cases? Thanks...:confused:
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mallu
01-26 01:25 PM
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
If one doesn't like transit policy of a country, just avoid that transit point, rather than putting curse on that country ( or try changing the policy of that country through democratic means, if one can ).
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
If one doesn't like transit policy of a country, just avoid that transit point, rather than putting curse on that country ( or try changing the policy of that country through democratic means, if one can ).
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i99
09-25 10:50 AM
i99 - I140/485 concurrent/NSC/July2nd/R.Williams/No CC/No RN
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whitecollarslave
01-11 03:53 PM
Can somebody comment on the following two things? This has been asked twice before on this thread (once by me and again by somebody else) but has gone unanswered.
1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.
2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.
Please provide links/references or analysis to back up the claims.
Thanks!
Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.
1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.
2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.
Please provide links/references or analysis to back up the claims.
Thanks!
Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.
more...
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natrajs
10-01 04:29 PM
Wow Naushit,
Enjoy greenhood..........no luck yet for my wife...But she got a call from USCIS office of Wash DC that it is the biometrics that is holding her approval...they are issuing a biometrics appointment....I told so far she had been issued Biometrics appointment thrice and we have not received anything.
Also if I got approved without biom availability how come she is not....she is giving crap that our job is approving the primary applicant....I told her that none of my friends have got approval just for the principal they all got approved together.
I told her Biom does not hold approval ...she was adamant we can't approve her w/o that.
SoP
SOP, The moment you receive the Biom Notice, do not wait unitl the interview date, try to walk in to the service center the next day to do the Biom
Good Luck and Best Wishes
Enjoy greenhood..........no luck yet for my wife...But she got a call from USCIS office of Wash DC that it is the biometrics that is holding her approval...they are issuing a biometrics appointment....I told so far she had been issued Biometrics appointment thrice and we have not received anything.
Also if I got approved without biom availability how come she is not....she is giving crap that our job is approving the primary applicant....I told her that none of my friends have got approval just for the principal they all got approved together.
I told her Biom does not hold approval ...she was adamant we can't approve her w/o that.
SoP
SOP, The moment you receive the Biom Notice, do not wait unitl the interview date, try to walk in to the service center the next day to do the Biom
Good Luck and Best Wishes
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chanduv23
09-09 02:59 PM
Lets keep this thread on top.
Come on folks, lets burn those phone lines.
Come on folks, lets burn those phone lines.
more...
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needhelp!
01-16 02:29 PM
Voted for 2 of the entries..
http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel
and
http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV
Are we trying to vote on any others?
http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel
and
http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV
Are we trying to vote on any others?
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seekerofpeace
10-06 03:54 PM
Sreekhand
ASHA and AID are communist leaning and progressive organizations???? I take no offence with the latter but for the former adjective I guess you don't know the meaning of communism.....
But again if I recollect you are the enlightened enitity "Avatar" as I had once said.....so it is best not to get into an argument with you ....there are much more pressing needs in the forum "getting GC for one" than talking about things communist and progressive.
Chill
SoP
ASHA and AID are communist leaning and progressive organizations???? I take no offence with the latter but for the former adjective I guess you don't know the meaning of communism.....
But again if I recollect you are the enlightened enitity "Avatar" as I had once said.....so it is best not to get into an argument with you ....there are much more pressing needs in the forum "getting GC for one" than talking about things communist and progressive.
Chill
SoP
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grupak
03-25 11:36 AM
This is a real problem. I got a letter from a prospective employer, who wanted proof that I was legally eligible to work in the US (alongwith transcripts, previous employment letters etc.) prior to scheduling an interview.:cool:
I believe employers are seeing a lot of candidates on EAD, and for whatever reasons they dont think EAD is good enough and would like to weed those candidates out beforehand.
We need to fight back against this discrimination.:mad:
Start writing to DOJ on the link americandesi provided if you are effected. Enough is enough.
I believe employers are seeing a lot of candidates on EAD, and for whatever reasons they dont think EAD is good enough and would like to weed those candidates out beforehand.
We need to fight back against this discrimination.:mad:
Start writing to DOJ on the link americandesi provided if you are effected. Enough is enough.
aadimanav
01-03 12:55 AM
Source:
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723
Delay In The Age Of Security - Employee Green Card Woes
Geoffrey Forney
WolfBlock
Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.
Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.
Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.
What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?
Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.
The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.
Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.
As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.
Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.
(Part 2 in the next post below)
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723
Delay In The Age Of Security - Employee Green Card Woes
Geoffrey Forney
WolfBlock
Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.
Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.
Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.
What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?
Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.
The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.
Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.
As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.
Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.
(Part 2 in the next post below)
kewlchap
10-12 05:06 PM
Folks, it is columbus day today and federal offices are closed.. Relax. You will be able to do POJ tomorrow onwards again.
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