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pappu
11-22 07:50 PM
http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf
Plaintiff suggests that the fact that her application
has been pending for nearly three years is patently
unreasonable. She argues that Congress intended
applications to be adjudicated within 180 days. See 8
U.S.C. � 1571(b) ("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 . . .."). That [*10] 180-day
timetable may provide some guidance here, although the
"sense of Congress" expressed in INA Section 1571(b)
does not necessarily carry the force of law. See Yang v.
California Dep't of Social Servs., 183 F.3d 953, 958-59
(9th Cir. 1999).
Defendants argue that there is no statutory deadline
by which applications must be adjudicated and that, in
any event, the "first-in, first-out" protocol must be given
deference. True, Congress has not established a
mandatory timeframe for the USCIS to adjudicate
applications. Moreover, "'[t]he passage of time alone is
rarely enough to justify a court's intervention in the
administrative process, especially since administrative
efficiency is not a subject particularly suited to judicial
evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
However, the court also recognizes that there is no
precise formula for determining whether there has been
an unreasonable delay. Instead, "[w]hat constitutes an
unreasonable delay in the context of immigration
applications depends to a great extent on the facts of the
particular case." Id.
Plaintiff suggests that the fact that her application
has been pending for nearly three years is patently
unreasonable. She argues that Congress intended
applications to be adjudicated within 180 days. See 8
U.S.C. � 1571(b) ("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 . . .."). That [*10] 180-day
timetable may provide some guidance here, although the
"sense of Congress" expressed in INA Section 1571(b)
does not necessarily carry the force of law. See Yang v.
California Dep't of Social Servs., 183 F.3d 953, 958-59
(9th Cir. 1999).
Defendants argue that there is no statutory deadline
by which applications must be adjudicated and that, in
any event, the "first-in, first-out" protocol must be given
deference. True, Congress has not established a
mandatory timeframe for the USCIS to adjudicate
applications. Moreover, "'[t]he passage of time alone is
rarely enough to justify a court's intervention in the
administrative process, especially since administrative
efficiency is not a subject particularly suited to judicial
evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
However, the court also recognizes that there is no
precise formula for determining whether there has been
an unreasonable delay. Instead, "[w]hat constitutes an
unreasonable delay in the context of immigration
applications depends to a great extent on the facts of the
particular case." Id.
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iv_only_hope
01-14 09:40 PM
EB3 ROW is also affected greatly. I am sure they would also be involved in this.
kumhyd2
07-12 09:17 AM
How would it be to forward the media coverage links to all the attorneys so that they are aware of what is happening and also provide some kind of support or atleast get associated with IV. Also some members may take the initiative of posting these links to thier blogs so that every one will get to know about the IV through others blogs.
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pappu
06-22 03:16 PM
My lawyer said u cannot have 2 485 petitions with USCIS.
My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.
Awaiting reponse from my wifes lawyer.
ask the lawyer about specific issues that can happen if multiple filing is done.
My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.
Awaiting reponse from my wifes lawyer.
ask the lawyer about specific issues that can happen if multiple filing is done.
more...
gc28262
08-07 10:09 AM
LC substitution was wrong because it became a business thing for some unscruplous employers who started to sell LCs and get people to work like slaves.
Bkarnik
LC substitution is not wrong if you look at what it was intended to do. Employment based greencard application is an employer's application and he has the right to give it to whomever he wants to.( especially when an employee leaves him)
The issue was that this provision was misused by many employers.
Bkarnik
LC substitution is not wrong if you look at what it was intended to do. Employment based greencard application is an employer's application and he has the right to give it to whomever he wants to.( especially when an employee leaves him)
The issue was that this provision was misused by many employers.
GCOP
09-15 12:33 PM
I already have called all the members of House Judiciary Committee. Some of them, I called second time last Friday.
On the Senate side, I just called Senator Harry Reid's Office to convey the message to Support " Visa Recapture Bill ".
Senator Harry Reid, Senate Majority Leader's Phone Number is :
202-224-3542.
On the Senate side, I just called Senator Harry Reid's Office to convey the message to Support " Visa Recapture Bill ".
Senator Harry Reid, Senate Majority Leader's Phone Number is :
202-224-3542.
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hopefulgc
01-07 10:08 PM
FL members ... let get this party going
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legal_la
06-29 07:19 PM
My stupid big law firm delayed filing until monday this week. With all this hoopla.. Any ideas or rumors floating around about ppl who did not get reciept yet.
No rumors for June until now, you should be perfectly fine.
No rumors for June until now, you should be perfectly fine.
more...
abc1125
01-12 09:59 PM
Sent letters to WH and IV califoria address.
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BharatPremi
09-24 12:53 PM
How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?
You are not reading it correctly. Pleasse read it again.
You are not reading it correctly. Pleasse read it again.
more...
pbuckeye
04-06 08:23 AM
EB-2 Movement in May
April 5
Will EB-2 India will advance "substantially" in May?
There are 18,000 persons with EB-2 priority dates in 2006 who are waiting for green cards, 13,000 of them from India.
Given the 7% country quota, we expect the India EB-2 to move forward in May between 2 weeks and 2 months.
* This is seems to be completely different from what they claimed "substantial" before.....:confused:
And their news page has also changed to reflect this "modest" movement (previously it stated - "the movement will not be weeks or months but could be years")
On both extremes, it's nothing but just an attempt to generate traffic to the website I guess.
Interesting that he claims - the modest movement will be because of the 7% country cap. In my understanding, it does not apply when spiilover happens (plz correct me if I am wrong)
April 5
Will EB-2 India will advance "substantially" in May?
There are 18,000 persons with EB-2 priority dates in 2006 who are waiting for green cards, 13,000 of them from India.
Given the 7% country quota, we expect the India EB-2 to move forward in May between 2 weeks and 2 months.
* This is seems to be completely different from what they claimed "substantial" before.....:confused:
And their news page has also changed to reflect this "modest" movement (previously it stated - "the movement will not be weeks or months but could be years")
On both extremes, it's nothing but just an attempt to generate traffic to the website I guess.
Interesting that he claims - the modest movement will be because of the 7% country cap. In my understanding, it does not apply when spiilover happens (plz correct me if I am wrong)
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coolman
08-19 07:58 PM
Got our green cards today after receiving decision emails on Aug 10th.
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logiclife
07-09 06:38 PM
Good thing: Walter Reed.
Something happening at Walter Reed Hospital has more value in newsworthiness than something happening at headquarters of USCIS offices. Coz Walter Reed means veterans means military means extra media attention.
Something happening at Walter Reed Hospital has more value in newsworthiness than something happening at headquarters of USCIS offices. Coz Walter Reed means veterans means military means extra media attention.
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arkrish68
09-10 02:06 PM
Today I and my wife had an infopass appointment and were told that our I485 case is in Adjudication review and should expect an interview soon. I asked the officer is there anything wrong and he replied back that everything is fine. I am not sure what adjudication review is and why there is an interview if everything is fine :confused:
We also opened SR on 9/1/2010 and I got the response today for the SR request and it has the following details
"Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter." Does this mean that we will not get the GC atleast in the next 60 days?
Did anyone had an interview before or anyone know what should we expect in the interview.
Thanks in advance.
We also opened SR on 9/1/2010 and I got the response today for the SR request and it has the following details
"Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter." Does this mean that we will not get the GC atleast in the next 60 days?
Did anyone had an interview before or anyone know what should we expect in the interview.
Thanks in advance.
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vg1778
10-03 07:13 PM
I made a service req on sept 6 and they opened it on Sept 30 and assigned it to an officer. They enquired took detailsof my fedex , etc. and now they sent a letter. Just summary "wait wait wait still we need to key in " huh i think many of us will have same fate even after doing all this but i am not giving it up lets do something rather than nothing.
What is a service request and how you did it?
What is a service request and how you did it?
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ramhs
06-28 09:56 PM
My attorney is planning to send out the paperwork on June 29 to reach by monday july 2nd , is there any problem to this, is there any risk involved in sending on 29th, is anybody else doing this ? Please respond, this is urgent.
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drona
07-10 07:38 PM
Saimrathi Please see nixstor's message above and respond to it.
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apb
10-06 05:46 PM
Hi apb..
Good to see that there is some activity going on our cases..i got the response form USCIS saying that "the case is pending at the USCIS office" dose this means they transfered the case to local office? or still at NBC..dose your message says that the your case has been transfered to "local USCIS office" or just "USCIS office"?..
My online status says transferred to USCIS office, BUT the mail I got in response to my lost application inquiry stated LOCAL uscis office and that you will be called for interview whenever they are ready.
Good to see that there is some activity going on our cases..i got the response form USCIS saying that "the case is pending at the USCIS office" dose this means they transfered the case to local office? or still at NBC..dose your message says that the your case has been transfered to "local USCIS office" or just "USCIS office"?..
My online status says transferred to USCIS office, BUT the mail I got in response to my lost application inquiry stated LOCAL uscis office and that you will be called for interview whenever they are ready.
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fatjoe
10-21 01:39 PM
My labor was filed in July 04 on EB2, but approved under EB3 category only. My attorney contacted uscis to with the amendment saying that my LC should have been approved under EB2 category. Finally, got a letter from uscis in Feb 2007 that my LC was approved under EB2. Could that be the reason that I did not get GC yet even my PD is current.
rodnyb
04-01 01:11 PM
Theoretically, you are right. If DOS sees no demand per CIS, they should make it CURRENT for EB2 I/C (assuming they did clear all pre072007 inventory)
This is why I was saying, they just need to add a couple month to keep the pipe full.
Also, per law, they don't have whole 2800 to approve in a month, or a day, they have to do it by quarters. So they don't even need 2800, if they have only 800 EB2I in inventory (demand), they don't have to make it CURRENT.
I would hope CIS inventory can how which are pre-adjudicated, which are new, which are RFEs though. Their numbers are always bigger than DOS demand, so I would think DOS has a better picture which CIS is providing (or at least estimating on a formula)
If it is the law that they need to make it current, then if they don't, they are opening themselves to a strong possibility of a class-action lawsuit.
This is why I was saying, they just need to add a couple month to keep the pipe full.
Also, per law, they don't have whole 2800 to approve in a month, or a day, they have to do it by quarters. So they don't even need 2800, if they have only 800 EB2I in inventory (demand), they don't have to make it CURRENT.
I would hope CIS inventory can how which are pre-adjudicated, which are new, which are RFEs though. Their numbers are always bigger than DOS demand, so I would think DOS has a better picture which CIS is providing (or at least estimating on a formula)
If it is the law that they need to make it current, then if they don't, they are opening themselves to a strong possibility of a class-action lawsuit.
pmpforgc
01-07 11:46 PM
I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.
I see increasing support for the Idea as GC journey become longer and longer.
Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD
(1) I-140 and I-485 must be approved.
(@) Time should be considered only after getting GC
(3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS
So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.
The above requirements can get closer to Marriage and family based and also help 90% of IV members.
Adding the clause for the EDUCATIONAL THING might be able to get more political support also
Thanks
I see increasing support for the Idea as GC journey become longer and longer.
Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD
(1) I-140 and I-485 must be approved.
(@) Time should be considered only after getting GC
(3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS
So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.
The above requirements can get closer to Marriage and family based and also help 90% of IV members.
Adding the clause for the EDUCATIONAL THING might be able to get more political support also
Thanks