meetpravee
04-05 08:19 PM
Other than the trust that the core members are doing the right thing, I have no information/idea about the issues that IV core is focusing currently.
I think FOIA was a great success because the members knew exactly what IV was upto and everybody wanted to be a part of it. I believe that if IV could define several small goals like FOIA, post regular updates about the progress on the goals, a lot of people would be willing to support it.
I think FOIA was a great success because the members knew exactly what IV was upto and everybody wanted to be a part of it. I believe that if IV could define several small goals like FOIA, post regular updates about the progress on the goals, a lot of people would be willing to support it.
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anilsal
07-10 11:54 AM
Yes, you are right....he did indeed use "passive resisitance" in South Africa. We all learned about it in school and I can remember the idea making a HUGE impact on me as a kid.
So I guess it does more than "work in a foreign land"....it can change individual's worldviews!
If Martin Luther King Jr. can use the views of Gandhi successfully, why bother what we learnt in School?
Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.
So I guess it does more than "work in a foreign land"....it can change individual's worldviews!
If Martin Luther King Jr. can use the views of Gandhi successfully, why bother what we learnt in School?
Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.
dummgelauft
08-25 11:41 AM
According to this data...once we get to Dec. 2005 - Jan 2006 PDs, we will hit a MAJOR MAJOR roadblock....
Now, I just say this based on the PERCENTAGES here. Do we know the the absolute number of PDs, post Dec. 2005?
Now, I just say this based on the PERCENTAGES here. Do we know the the absolute number of PDs, post Dec. 2005?
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eager_immi
07-18 01:12 PM
What is your PD and EB category. This discussion won't go anywhere without that information. Raj3078/anybody,
Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).
gc101.
Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).
gc101.
more...
noendinsight
07-19 10:04 AM
EB3/FEDEX delivered on 02-Jul-07
485Mbe4001
07-18 12:26 PM
Was there a bill to create this category or this was decision taken by the USCIS.
Its a good move, I know that this initiative was started by an Officer from US Army whose interpreter was getting death threats for helping the US. When he saw that it was not an isolated incidence he started lobbying the state department to create a separate category. I have been following that story for a couple of months, but was not aware that a bill was passed to create a new category or visas. (i am sure, that USCIS cannot take a unilateral decision to add more visas or else why would we be begging for recapture bills)
www.informationweek.com/news/management/h1b/showArticle.jhtml?articleID=209100686
Its a good move, I know that this initiative was started by an Officer from US Army whose interpreter was getting death threats for helping the US. When he saw that it was not an isolated incidence he started lobbying the state department to create a separate category. I have been following that story for a couple of months, but was not aware that a bill was passed to create a new category or visas. (i am sure, that USCIS cannot take a unilateral decision to add more visas or else why would we be begging for recapture bills)
www.informationweek.com/news/management/h1b/showArticle.jhtml?articleID=209100686
more...
BhanuPriya
03-27 02:46 PM
Please let us know the fee paid at the time of submitting the form.
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amitjoey
11-10 02:06 PM
It is not over till its over. Anything can happen, we have a lot of things going for us. The present congress wants to show that it is not a 'do nothing' congress. Our items can be a part of any appropriations or other bills. AILA is pushing big time for H1-B1 and EB Relief, so are other vested business interests. This is the last chance they get to get an increase in H1-B1 for this year(They probably are not so much interested in EB-relief), But we can piggyback on most bills dealing with H1-B1 increase, our provisions will be in there.
more...
BharatPremi
07-06 11:26 AM
Guys,
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
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where_is_gc
07-10 12:07 PM
http://rodeo.cincinnati.com/getlocal/gpstory.aspx?id=100110&sid=115119
more...
bugsbunny
04-21 02:07 PM
This issue about parents falls under the "family re-unification" issue to a certain extent.
It affects everyone not just EB category. There is a huge support behind this issue from many different immigrant groups.
It affects everyone not just EB category. There is a huge support behind this issue from many different immigrant groups.
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pappu
03-10 03:24 PM
Too late.
EB3I dropped out of school already!
Or watching cricket matches during exam time. :)
EB3 folks need to be the most worried people if they do not have Greencards. Unless there is any sense of desperation and expressed need, do not expect any lawmaker to vote for any greencard bill .
EB3I dropped out of school already!
Or watching cricket matches during exam time. :)
EB3 folks need to be the most worried people if they do not have Greencards. Unless there is any sense of desperation and expressed need, do not expect any lawmaker to vote for any greencard bill .
more...
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lazycis
12-06 12:18 PM
I was at USCIS this morning, followed every thing you suggested. My IO officer was actually a desi guy.
1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"
2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.
So they refused to acknowledge that it is pending more than 90 days?
They are technically right, the regulations say "within 90 days from the date of receipt of the application".
Talk about broken promises. Write to the USCIS ombudsman.
1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"
2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.
So they refused to acknowledge that it is pending more than 90 days?
They are technically right, the regulations say "within 90 days from the date of receipt of the application".
Talk about broken promises. Write to the USCIS ombudsman.
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saimrathi
07-10 09:09 AM
SHould have sent in Munnabhai DVDs with the flowers with subtitles..
I seriously hope that the Director of the USCIS understands our "Gandhigiiri".
We dont want the Americans thinking, "hey lets keep screwing these immigrants and getting stuff like free flowers and free blood from them"
I seriously hope that the Director of the USCIS understands our "Gandhigiiri".
We dont want the Americans thinking, "hey lets keep screwing these immigrants and getting stuff like free flowers and free blood from them"
more...
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lskreddy
01-13 02:43 PM
these movements are not really worth anything.. it has to overcome that resistance
..
Dude, these are not stocks where resistance and support play parts, it is USCIS/DoS. All they offer: resistance from with-in with no support to its customers. I am surprised you are still trying to find a pattern/curve. At best, it can be represented by a squiggly line my nephew draws..
..
Dude, these are not stocks where resistance and support play parts, it is USCIS/DoS. All they offer: resistance from with-in with no support to its customers. I am surprised you are still trying to find a pattern/curve. At best, it can be represented by a squiggly line my nephew draws..
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GCAmigo
02-07 09:19 AM
is it something new?
more...
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walking_dude
12-17 12:27 PM
Check/Bill-pay has been temporarily discontinued due to logistics reasons.
PayPal automates the payments. Checks/Billpay requires an IV volunteer (trusted by IV core) to take time off and physically collect these checks/echecks from the IV mailbox in NJ, and deposit them to the IV bank account. Someone has to spend time and effort into doing it !
How about check? 100% goes to IV.
PayPal automates the payments. Checks/Billpay requires an IV volunteer (trusted by IV core) to take time off and physically collect these checks/echecks from the IV mailbox in NJ, and deposit them to the IV bank account. Someone has to spend time and effort into doing it !
How about check? 100% goes to IV.
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mihird
09-15 10:28 AM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.
I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.
If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
Likewise there is a "best possible" solution to all the hardships that you have listed above and that "best possible" solution will vary from person to person and hardship to hardship.
Life takes planning, no matter what your immigration status.
My friend who is an EB GC holder just sold his house and took a $40000 loss. Bad planning on his part. Purchased the house at the wrong time and sold it at the wrong time too.
Since he sold his house, he is forced to move and so his kids schooling is distrubed too.
Its been 3 months he has moved to his apartment and his other half doesn't like the apartment lifestyle after having lived in a house for a year.
Did his GC help in all this???
Compare that to me, I am not a GC holder.
I am sitting on $240,000 equity in my house for which I have no plans to sell.
I too was forced to move due to a recent 7th year H1 job loss, and miss my boating trips to the lake near my old house. My new job is a 100 miles away from my house so I decided to do weekend commutes to the old house, and still manage to hit the lake every weekend.
My better half also didn't want to move in an apartment due to my new job. Good enough, we leveraged the equity in our 1st house & higher income from the new job to buy a 2nd house near the new job site.
Did my not having the GC hurt???
GC or H1 didn't matter, good planning is what has helped me, and bad planning is what doomed my friend...
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.
I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.
If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
Likewise there is a "best possible" solution to all the hardships that you have listed above and that "best possible" solution will vary from person to person and hardship to hardship.
Life takes planning, no matter what your immigration status.
My friend who is an EB GC holder just sold his house and took a $40000 loss. Bad planning on his part. Purchased the house at the wrong time and sold it at the wrong time too.
Since he sold his house, he is forced to move and so his kids schooling is distrubed too.
Its been 3 months he has moved to his apartment and his other half doesn't like the apartment lifestyle after having lived in a house for a year.
Did his GC help in all this???
Compare that to me, I am not a GC holder.
I am sitting on $240,000 equity in my house for which I have no plans to sell.
I too was forced to move due to a recent 7th year H1 job loss, and miss my boating trips to the lake near my old house. My new job is a 100 miles away from my house so I decided to do weekend commutes to the old house, and still manage to hit the lake every weekend.
My better half also didn't want to move in an apartment due to my new job. Good enough, we leveraged the equity in our 1st house & higher income from the new job to buy a 2nd house near the new job site.
Did my not having the GC hurt???
GC or H1 didn't matter, good planning is what has helped me, and bad planning is what doomed my friend...
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lazycis
12-06 12:18 PM
I was at USCIS this morning, followed every thing you suggested. My IO officer was actually a desi guy.
1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"
2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.
So they refused to acknowledge that it is pending more than 90 days?
They are technically right, the regulations say "within 90 days from the date of receipt of the application".
Talk about broken promises. Write to the USCIS ombudsman.
1) They completely refused to look at the received date, I had my EAD (765) receipt, but the IO said he only cares about the receipt date. I even has the print out from USCIS.gov in which they have mentioned that they will honor the date on which applications were received in the mail room but he did not budge. His argument was " That update is in the over all scheme of things, but for EAD they have specific instruction to follow only the date they entered the data in the system"
2) I was not allowed to see a supervisor, the IO did talk to the supervisor but did not let me see her.
So they refused to acknowledge that it is pending more than 90 days?
They are technically right, the regulations say "within 90 days from the date of receipt of the application".
Talk about broken promises. Write to the USCIS ombudsman.
Macaca
06-17 10:15 AM
The Ombudsman agrees with the assessment of many case workers and supervisors at USCIS field offices and service centers that the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction.
The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..
Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..
Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
Nikith77
04-02 02:34 PM
EB3I will move to 2005 in coming months
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