moosh
05-15 07:07 PM
Hi
I am living in Toronto/Canada.My Labor and I-140 is approved.My PD is current, so I can file I-485.I would like to know that, how long will take time to I come to USA and what else needs to be done?I appreciate if anyone help me in this matter.
Thank you:)
I am living in Toronto/Canada.My Labor and I-140 is approved.My PD is current, so I can file I-485.I would like to know that, how long will take time to I come to USA and what else needs to be done?I appreciate if anyone help me in this matter.
Thank you:)
wallpaper Two useful estimates of the
regacct
04-30 09:32 AM
USCIS has to issue EAD within 90 days (and you are within the period) or else it has to issue an interim EAD, especially so that the applicant's job is not jeopardized.
http://www.uscis.gov/files/nativedocuments/Rec35_010209.pdf
The Ombudsman office's recommendations:
The USCIS Ombudsman made some recommendations regarding EAD processing:
� Adhere to regulations that state USCIS shall issue Employment Authorization Documents (EADs) within 90 days, or issue interim EADs, to prevent unnecessary loss of employment;
� Expeditiously provide information to the public stating the cause of EAD processing delays and how the delays will be addressed;
� Ensure USCIS provide consistent guidance to the public regarding EADs pending more than 90 days via the National Customer Service Center (NCSC) toll-free number and local offices; and
http://www.uscis.gov/files/nativedocuments/Rec35_010209.pdf
The Ombudsman office's recommendations:
The USCIS Ombudsman made some recommendations regarding EAD processing:
� Adhere to regulations that state USCIS shall issue Employment Authorization Documents (EADs) within 90 days, or issue interim EADs, to prevent unnecessary loss of employment;
� Expeditiously provide information to the public stating the cause of EAD processing delays and how the delays will be addressed;
� Ensure USCIS provide consistent guidance to the public regarding EADs pending more than 90 days via the National Customer Service Center (NCSC) toll-free number and local offices; and
Chris Rock
09-25 02:13 AM
Everywhere I am seeing few EB-3 india folks showing concern about the grim outlook for EB-3 india due to retrogression, noone else care about this.
It looks like many EB-3 RoW folks are relying on the VISA spillover to them and becoming "c" very soon....I dont see any reactions at all from those members either on or IV forums.
Writing to US senators and Congress Reps is the way to get some relief for EB-3 india. Each one of us should write our own story and present this USCIS pending inventory to them and educate them on how long it will take for us to receive LPR status without any releif from US congress.
VISA recapture will be easier to pass in US congress and IV should start campaign for VISA recapture. IV will receive lots of funding if they initiate this campaign as many EB-3 india folks are willing to donate for this cause.
Hi Raju,
You hit the nail on its head. The Eb3I participation is very very less. Look at EB2 specific threads. There are 25000 views. EB3I specific threads is a mere 2000. In fact EB3I is supposed to be a biggger group.
Here are my theories:
- EB3I guys lost hope in IV and stopped visiting IV
- EB3I guys work in low level jobs without access to Internet even in office or home (certainly cannot be the case)
- EB3I does not know about IV at all for the past 4 years (hmmm...)
- EB3I just bury their heads in sand looking for a miracle
This is a bigger problem than the EB3I backlog problem.
I know many guys in this forum who are regular contributers are missing here. What really is going on?
It looks like many EB-3 RoW folks are relying on the VISA spillover to them and becoming "c" very soon....I dont see any reactions at all from those members either on or IV forums.
Writing to US senators and Congress Reps is the way to get some relief for EB-3 india. Each one of us should write our own story and present this USCIS pending inventory to them and educate them on how long it will take for us to receive LPR status without any releif from US congress.
VISA recapture will be easier to pass in US congress and IV should start campaign for VISA recapture. IV will receive lots of funding if they initiate this campaign as many EB-3 india folks are willing to donate for this cause.
Hi Raju,
You hit the nail on its head. The Eb3I participation is very very less. Look at EB2 specific threads. There are 25000 views. EB3I specific threads is a mere 2000. In fact EB3I is supposed to be a biggger group.
Here are my theories:
- EB3I guys lost hope in IV and stopped visiting IV
- EB3I guys work in low level jobs without access to Internet even in office or home (certainly cannot be the case)
- EB3I does not know about IV at all for the past 4 years (hmmm...)
- EB3I just bury their heads in sand looking for a miracle
This is a bigger problem than the EB3I backlog problem.
I know many guys in this forum who are regular contributers are missing here. What really is going on?
2011 resources for both
kartik2912
07-23 03:57 PM
Thanks Sandy. Appreciate it.
Does it mean that now if the denial is appealed by my attorney, then my case will go to some Backlog Processing Center, or it'll still stay with Atlanta National Processing Center?
Does it mean that now if the denial is appealed by my attorney, then my case will go to some Backlog Processing Center, or it'll still stay with Atlanta National Processing Center?
more...
wolfsappi
06-14 12:50 PM
My status online said LC completed as early as May 1. The lawyers still havent received the papers and so cant apply for my 140/485. Very very frustrated. :mad:
nyte_crawler
09-25 05:27 PM
Possibly not. But it has to reach USCIS and I was thinking of getting through the liason process of the senators / congressmen.
If IV can take up this effort, then there is a channel that we can get through. But I dont think it is going to happen, because of the infights. Even if USCIS does'nt react, we can use this process to challenge the intrepretation and show them the mess that they have created. May be that will help
Sorry, i'm just trying to understand the situation here, please no flames.
If this is an admin area fix and USCIS is the main one whom we may need to convince, do we still need to contact/involve politicians in this.
Coming elections, and two different parties, this may give a different color to the whole problem, than solving the problem.
If IV can take up this effort, then there is a channel that we can get through. But I dont think it is going to happen, because of the infights. Even if USCIS does'nt react, we can use this process to challenge the intrepretation and show them the mess that they have created. May be that will help
Sorry, i'm just trying to understand the situation here, please no flames.
If this is an admin area fix and USCIS is the main one whom we may need to convince, do we still need to contact/involve politicians in this.
Coming elections, and two different parties, this may give a different color to the whole problem, than solving the problem.
more...
PlainSpeak
01-12 05:28 PM
It is surprising (rather shocking) to see how a discussion on an EB bill (which might never see the light of day anyway) has degenerated into an oft-repeated rant on how IV does not represent EB3.
When I meet with my lawmaker's office (and when I again meet in Feb), I repeat the IV provisions which are for ALL EB and not any specific category/country. THe problem with EB3 is the with the way the EB system/inventory is set-up. It is stupid to convert a chronic issue into a "IV is not trying" debate. As always, we have lots of armchair critics and few grass-roots workers.
Yes forever_waiting it is surprising and shocking to see how a discussion on an EB Bill which will never see the light of the day has degenerated into an oft-repeated rant
By using the keyword oft-repeated (i will ignore the word rant because only an immature mind will call the other side of a discussion as rant) it would imply that many EB3 members have raised the same concern in this forum before and i am not the first and believe me when i say this i will not be the last also. So that would mean a whole bunch of people (remember eb3 are 50 k and eb2 are only 12k) have the same concern and they have raised the same concern in this same forum so that would mean IV is aware of the concern.
Now what has IV done about it ??
Meeting a lawmaker with the support of IV behind you is not a reflection of a big effort on your side. The power behind that is IV. Now for me or any other EB3 to meet a law maker is not something i would consider an effort since EB3 are willing to put the same effort which you are putting only if they believei n what they are doing. To believe a person needs to feel that they are working for a cause that will impact their situation. Sadly this is missing and that is why EB3 people are cool about the whole meet the law maker process
Regarding the statement I repeat the IV provisions which are for ALL EB and not any specific category/country. THe problem with EB3 is the with the way the EB system/inventory is set-up. can you tell me what specific steps has IV articulated to resolve the specific issue of EB3
By your own definition this is a chronic issue and what we are taught is that any issue which is chronic needs to be redressed and when it is not it becomes a big issue which cannot be handled
As always, there is the name calling stating that EB3 people are armchair critics and whiners but when you are part of a community and you have issues you will air your greviences in the same community not to some one who has no idea or does not care about it
What is really suprising is that in EB community itself EB2 does not care to listen and provide and open discussion about EB3 issues. Now according to me that is shocking
BTW i commend your effort of meeting the law maker but if you introspect the only reason you are making an effort is because you believe your efforts will bear fruit in the form of a GC soon (I believe you are EB2 with a priority date of Apr 08 and current EB2 dates are May 2006)
When I meet with my lawmaker's office (and when I again meet in Feb), I repeat the IV provisions which are for ALL EB and not any specific category/country. THe problem with EB3 is the with the way the EB system/inventory is set-up. It is stupid to convert a chronic issue into a "IV is not trying" debate. As always, we have lots of armchair critics and few grass-roots workers.
Yes forever_waiting it is surprising and shocking to see how a discussion on an EB Bill which will never see the light of the day has degenerated into an oft-repeated rant
By using the keyword oft-repeated (i will ignore the word rant because only an immature mind will call the other side of a discussion as rant) it would imply that many EB3 members have raised the same concern in this forum before and i am not the first and believe me when i say this i will not be the last also. So that would mean a whole bunch of people (remember eb3 are 50 k and eb2 are only 12k) have the same concern and they have raised the same concern in this same forum so that would mean IV is aware of the concern.
Now what has IV done about it ??
Meeting a lawmaker with the support of IV behind you is not a reflection of a big effort on your side. The power behind that is IV. Now for me or any other EB3 to meet a law maker is not something i would consider an effort since EB3 are willing to put the same effort which you are putting only if they believei n what they are doing. To believe a person needs to feel that they are working for a cause that will impact their situation. Sadly this is missing and that is why EB3 people are cool about the whole meet the law maker process
Regarding the statement I repeat the IV provisions which are for ALL EB and not any specific category/country. THe problem with EB3 is the with the way the EB system/inventory is set-up. can you tell me what specific steps has IV articulated to resolve the specific issue of EB3
By your own definition this is a chronic issue and what we are taught is that any issue which is chronic needs to be redressed and when it is not it becomes a big issue which cannot be handled
As always, there is the name calling stating that EB3 people are armchair critics and whiners but when you are part of a community and you have issues you will air your greviences in the same community not to some one who has no idea or does not care about it
What is really suprising is that in EB community itself EB2 does not care to listen and provide and open discussion about EB3 issues. Now according to me that is shocking
BTW i commend your effort of meeting the law maker but if you introspect the only reason you are making an effort is because you believe your efforts will bear fruit in the form of a GC soon (I believe you are EB2 with a priority date of Apr 08 and current EB2 dates are May 2006)
2010 Management of tumor lysis
eb2_stuck
04-09 12:23 PM
Says who?
How do you know that US masters degree dont need to work for consulting firms?
Do US masters degree holders work for Deloitte? IBM Global Services? Accenture? KPMG? Price Water House Coopers?
What about Oracle consulting services? What about TRW? Bearingpoint?
All these are consulting companies or the divisions of consulting companies. Both US degree holders and the non-US degree holding duffers like myself work in consulting firms(I dont anymore since 2003). In fact, I have had my classmates from India have to look for consulting jobs after they did MS in computer science from USA.
You are under the impression that the bill is outlawing desi consulting firms and firms that exploit.
The bill outlaws OUTPLACEMENT. And the bill applies to all firms, desi firms and the big 5 consulting firms and your IBM, TRW ... everyone.
Please read the bill and read the description in the first post.
And although I am the last one to engage in US-degree versus non-US degree and Masters Versus Non-Masters fueds, I am tempted to say that US masters or US degree isnt worth a bucket of warm spit when the market is bad.
When the market is really bad, like it was in 2001 and 2002, I have seen many Masters degree holders pack up and throw in the towel and I have seen many individuals with degrees from private Tier 3 university from India survive just fine in an environment where there were 80 resumes for each IT job. The US masters degree holders, particularly with computer masters degrees with their courses in useless subjects like "assembly level programming" and their binary math didnt do squat for them while looking for jobs during recession times and could not stand competition from bachelor's degree holders from Tier 3 university from India who had done 6 month course in NIIT.
However if you are proud of your US degree and US masters, suit yourself. But dont say things like "I dont need consulting". Coz you really do and so do thousands of others having US degrees.
This H1B drama has really brought out the "indian" in each one of us (you). God Forbid, some of the anti-immigrant agencies see this, we will no face to fight.
To say something like what logiclife has said only brings out the true face of the some people behind immigrationvoice.org. It all boils down to "who has a US degree and who hasnt"..well, Mr logiclife, You dont know the value of a US degree simply because you dont have one! I want my GC as much as some people here without a US degree, but to classify a US degree as being the same as "warm spit" is just plain "uneducated". Now, I really appreciate all that immigrationvoice.org is doing for our community, but some of the these stupid racist comments from the so-called administartors,with such an attitude,who happen to meet the US lawmakers scares me a lot.
How do you know that US masters degree dont need to work for consulting firms?
Do US masters degree holders work for Deloitte? IBM Global Services? Accenture? KPMG? Price Water House Coopers?
What about Oracle consulting services? What about TRW? Bearingpoint?
All these are consulting companies or the divisions of consulting companies. Both US degree holders and the non-US degree holding duffers like myself work in consulting firms(I dont anymore since 2003). In fact, I have had my classmates from India have to look for consulting jobs after they did MS in computer science from USA.
You are under the impression that the bill is outlawing desi consulting firms and firms that exploit.
The bill outlaws OUTPLACEMENT. And the bill applies to all firms, desi firms and the big 5 consulting firms and your IBM, TRW ... everyone.
Please read the bill and read the description in the first post.
And although I am the last one to engage in US-degree versus non-US degree and Masters Versus Non-Masters fueds, I am tempted to say that US masters or US degree isnt worth a bucket of warm spit when the market is bad.
When the market is really bad, like it was in 2001 and 2002, I have seen many Masters degree holders pack up and throw in the towel and I have seen many individuals with degrees from private Tier 3 university from India survive just fine in an environment where there were 80 resumes for each IT job. The US masters degree holders, particularly with computer masters degrees with their courses in useless subjects like "assembly level programming" and their binary math didnt do squat for them while looking for jobs during recession times and could not stand competition from bachelor's degree holders from Tier 3 university from India who had done 6 month course in NIIT.
However if you are proud of your US degree and US masters, suit yourself. But dont say things like "I dont need consulting". Coz you really do and so do thousands of others having US degrees.
This H1B drama has really brought out the "indian" in each one of us (you). God Forbid, some of the anti-immigrant agencies see this, we will no face to fight.
To say something like what logiclife has said only brings out the true face of the some people behind immigrationvoice.org. It all boils down to "who has a US degree and who hasnt"..well, Mr logiclife, You dont know the value of a US degree simply because you dont have one! I want my GC as much as some people here without a US degree, but to classify a US degree as being the same as "warm spit" is just plain "uneducated". Now, I really appreciate all that immigrationvoice.org is doing for our community, but some of the these stupid racist comments from the so-called administartors,with such an attitude,who happen to meet the US lawmakers scares me a lot.
more...
pappu
09-01 11:34 AM
Alright guys, I cannot tell you how excited I am to report that i got a call this morning from my attorney and my online case status also states that Card Production was ordered for my case!!!
After 8 long years.....i finally have been approved for permanent residency. After 7 years, i will finally, with peace of mind, go back to India to visit my family. Thanks to IV, everyone's help on these forums for helping me keep my sanity over the past 2 years....
After 15 years in the US, I will finally have my green card in hand soon.
-Nola
Congrats
After 8 long years.....i finally have been approved for permanent residency. After 7 years, i will finally, with peace of mind, go back to India to visit my family. Thanks to IV, everyone's help on these forums for helping me keep my sanity over the past 2 years....
After 15 years in the US, I will finally have my green card in hand soon.
-Nola
Congrats
hair of Tumor Lysis Syndrome
sravani
05-16 03:24 PM
I have the birth certificate from my 10th grade. The one we got after the 10th grade board exams. Is that ok. I don't have any other cz I was born at home :o
Will that work?
I don't think your 10th grade certificate will work. The birth certificate should be given by the Muncipality and it should indicate the date your birth was registered, your name, DOB, Father and mother name.
If you don't have this kind of certificate, you need to submit a non availability certificate with two affidavits.
Will that work?
I don't think your 10th grade certificate will work. The birth certificate should be given by the Muncipality and it should indicate the date your birth was registered, your name, DOB, Father and mother name.
If you don't have this kind of certificate, you need to submit a non availability certificate with two affidavits.
more...
msadiqali
08-02 10:13 AM
Guys,
Lets track August approval in this thread..
I am waiting for GC in August.
Lets track August approval in this thread..
I am waiting for GC in August.
hot tumor lysis syndrome
gc_check
10-02 02:07 PM
Another CIR drama prior to November election.. Let us see, at least if this gets any future than last few attempts in last couple years. Seen many attempts fails, and the introduction of CIR does not cause any excitement... Only if some thing results in a bill getting passed in congress..
more...
house Carcinogenesis and tumor
koteswari
06-28 07:54 AM
Is it possible to get data on the number of people who have moved to eb2 so that some of the eb3 numbers get released?
tattoo What is Tumor Lysis Syndrome?
485Mbe4001
05-16 06:22 PM
Please note that even tho the dates have moved, we are not out of the woods. There is a definate possibililty that the dates could regress in October. If you choose consular processing and your category/country retrogresses then it will have implications. Talk to your lawyer before taking any decision.
If you are lucky then its straightforward, for some its a nightmare, namecheck can take some time in the meantime your category can regress.
I'm trying to make decision to pick consular or Adj. status.
Please, can somebody tell me the flow on Adj. status here.
1-File 485.
2. Finger Print notice (you said around 30 days)
3.?? (medical??)
4.?? (FBI??)
5.??
and total approximate time for same center for all family.
I really apreciate if you can also write your experience to compare Consular and Adj. status.
Thanks
zbd
If you are lucky then its straightforward, for some its a nightmare, namecheck can take some time in the meantime your category can regress.
I'm trying to make decision to pick consular or Adj. status.
Please, can somebody tell me the flow on Adj. status here.
1-File 485.
2. Finger Print notice (you said around 30 days)
3.?? (medical??)
4.?? (FBI??)
5.??
and total approximate time for same center for all family.
I really apreciate if you can also write your experience to compare Consular and Adj. status.
Thanks
zbd
more...
pictures tumor lysis syndrome 2
EkAurAaya
10-12 03:35 PM
My many friends from EB3 -Jan to Jun 2003 PD are still in process. I have met 2 EB2-May 2003PD guys already having GC. Very small sample but thought to mention it.
BharatPremi Please tell me I am wrong! i collected some data... and just by looking at it... it seems like EB3 will move very very slowly not as per your prediction! I m not a stats guru perhaps you or anyone who is a stats guru can shed some light here!
What is your EB3-India PD (I-485 either pending, or not yet filed)
http://immigrationvoice.org/forum/showthread.php?t=6203
Total Applicants (that voted) = 206
_______________
% distribution
_______________
43.21% 2001/2002/2003
25.25% 2004
16.51% 2005
13.59% 2006
1.46% 2007
_______________
Total Visa available / country = 140000/7% = 9800 in a year
Keep aside 10% for other categories, so 90% available for EB2 and EB3
9800 - 980 = 8820 total available for India EB2/EB3
50-50 between eb2 eb3 (assumption - probably a bad assumption)
4410/year available for EB3?
(This is where it really gets tricky!)
ASSUMPTION -
Approximate Indian EB3 Applications
Total Indian applicants / 2 (50-50 between eb2 and eb3)
Total 200k (low estimate) so EB3 100k approx
+ 100k Dependants = 200k Total EB3
Year 2001/2002/2003 = 43.21% = 46286
Number of years to clear off Backlog (2003 and prior) = 46286/4410 = 10 1/2 years
Up until 1/5/2007 PD was stable at around 5/8/2001
I think EB3 movement will be very slow based on above calculations
EDIT: Even if Unused Visas get funneled down to EB3 India > cut the time in 1/2 still looks like 4-5 years to clear EB3 < 2003
Does this sound right?
__________________________________________________ ______
VB History (Since Retrogression)
Year - Priority Date
1/12/2004 - C
1/1/2005 - 1/1/2002
1/2/2005 - 1/1/2002
1/3/2005 - 3/1/2002
1/4/2005 - 4/1/2002
1/5/2005 - 6/1/2002
1/6/2005 - 6/1/2002
1/7/2005 - U
1/8/2005 - U
1/9/2005 - U
1/10/2005 - 1/1/1998
1/11/2005 - 1/1/1998
1/12/2005 - 1/1/1999
1/1/2006 - 6/1/1999
1/2/2006 - 1/1/2000
1/3/2006 - 1/1/2001
1/4/2006 - 2/1/2001
1/5/2006 - 3/1/2001
1/6/2006 - 4/8/2001
1/7/2006 - 4/15/2001
1/8/2006 - 4/1/2001
1/9/2006 - 4/15/2001
1/10/2006 - 4/22/2001
1/11/2006 - 4/22/2001
1/12/2006 - 4/22/2001
1/1/2007 - 5/8/2001
1/2/2007 - 5/8/2001
1/3/2007 - 5/8/2001
1/4/2007 - 5/8/2001
1/5/2007 - 5/8/2001
1/6/2007 - 6/1/2003
1/7/2007 - C
1/8/2007 - U
1/9/2007 - U
1/10/2007 - 4/22/2001
1/11/2007 - 4/22/2001
___________________________
BharatPremi Please tell me I am wrong! i collected some data... and just by looking at it... it seems like EB3 will move very very slowly not as per your prediction! I m not a stats guru perhaps you or anyone who is a stats guru can shed some light here!
What is your EB3-India PD (I-485 either pending, or not yet filed)
http://immigrationvoice.org/forum/showthread.php?t=6203
Total Applicants (that voted) = 206
_______________
% distribution
_______________
43.21% 2001/2002/2003
25.25% 2004
16.51% 2005
13.59% 2006
1.46% 2007
_______________
Total Visa available / country = 140000/7% = 9800 in a year
Keep aside 10% for other categories, so 90% available for EB2 and EB3
9800 - 980 = 8820 total available for India EB2/EB3
50-50 between eb2 eb3 (assumption - probably a bad assumption)
4410/year available for EB3?
(This is where it really gets tricky!)
ASSUMPTION -
Approximate Indian EB3 Applications
Total Indian applicants / 2 (50-50 between eb2 and eb3)
Total 200k (low estimate) so EB3 100k approx
+ 100k Dependants = 200k Total EB3
Year 2001/2002/2003 = 43.21% = 46286
Number of years to clear off Backlog (2003 and prior) = 46286/4410 = 10 1/2 years
Up until 1/5/2007 PD was stable at around 5/8/2001
I think EB3 movement will be very slow based on above calculations
EDIT: Even if Unused Visas get funneled down to EB3 India > cut the time in 1/2 still looks like 4-5 years to clear EB3 < 2003
Does this sound right?
__________________________________________________ ______
VB History (Since Retrogression)
Year - Priority Date
1/12/2004 - C
1/1/2005 - 1/1/2002
1/2/2005 - 1/1/2002
1/3/2005 - 3/1/2002
1/4/2005 - 4/1/2002
1/5/2005 - 6/1/2002
1/6/2005 - 6/1/2002
1/7/2005 - U
1/8/2005 - U
1/9/2005 - U
1/10/2005 - 1/1/1998
1/11/2005 - 1/1/1998
1/12/2005 - 1/1/1999
1/1/2006 - 6/1/1999
1/2/2006 - 1/1/2000
1/3/2006 - 1/1/2001
1/4/2006 - 2/1/2001
1/5/2006 - 3/1/2001
1/6/2006 - 4/8/2001
1/7/2006 - 4/15/2001
1/8/2006 - 4/1/2001
1/9/2006 - 4/15/2001
1/10/2006 - 4/22/2001
1/11/2006 - 4/22/2001
1/12/2006 - 4/22/2001
1/1/2007 - 5/8/2001
1/2/2007 - 5/8/2001
1/3/2007 - 5/8/2001
1/4/2007 - 5/8/2001
1/5/2007 - 5/8/2001
1/6/2007 - 6/1/2003
1/7/2007 - C
1/8/2007 - U
1/9/2007 - U
1/10/2007 - 4/22/2001
1/11/2007 - 4/22/2001
___________________________
dresses in Tumor Lysis Syndrome
BadDeal
05-17 04:16 PM
My priority date will be current June 1st. My 485 was filed in July 2007 and I got married in 2008. I will be filing my wife's 485. Do you guys know typically how long it takes for newly filed dependent 485 to get approved?
TIA
TIA
more...
makeup tumor lysis syndrome
bijualex29
06-19 11:54 AM
Read this, Interesting article
http://www.foxnews.com/story/0,2933,200118,00.html?sPage=specialsections.foxnew s/immigration
http://www.foxnews.com/story/0,2933,200118,00.html?sPage=specialsections.foxnew s/immigration
girlfriend for tumor lysis syndrome
susie
06-22 10:43 PM
CALIFORNIA IMMIGRATION LAW FIRM FILES CLASS ACTION LAW SUIT AGAINST USCIS ON BEHALF OF IMMIGRANTS
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
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yabadaba
10-12 02:33 PM
gc chahiye.. both polls were excellent.. can you redo them and see if we can get a larger sample size?
I wonder how many of the PD earlier than 2003, I-485 filed and 2004 PD, I-485 filed and 2005 PD, I-485 filed must have gotten gcs in the july fiasco.
I wonder how many of the PD earlier than 2003, I-485 filed and 2004 PD, I-485 filed and 2005 PD, I-485 filed must have gotten gcs in the july fiasco.
Hassan11
04-09 02:32 PM
Xela,
what is your PD?? I don't mean to be pessimistic regarding your application, but it seems that USCIS is processing old PDs 2003 and 2004 without looking at RD ( if it is within the published processing time or not). so if you have a PD of 2004 or older, don't worry about your RD and they will touch yours soon, assuming I-140 already approved. but if you have a PD newer than 2004, it might be a while before they get to those even if your RD is before 06/08/07 (published)
Also regarding the service request. I did a SR back in February to get an update of my case and they asked me to wait 45 days to hear something. I called again today ( 60 days later) and it seems that SR I did disapeared ( I even have a reference #). Customer Service rep said they can start a new SR but not sure if it is gonna do anything. they will get to the application when they can. and right now they are precessing 2003 and 2004.
Hope this helps.
I had called them last week and was told the ususal spiel about my processing time not being current. But the lady also slipped with some piece of info that I did not have before: The processing dates are updated every 2 weeks....we do not see that online. While I am not sure that is true, I still figured hey let's call again and see. So yesterday the guy on the phone told me that I am outside their processing times and that he will put in a service request to make sure they will take care of my application....and my RD is July 2nd.....so their might be some truth about them internally updating processing times.....maybe
what is your PD?? I don't mean to be pessimistic regarding your application, but it seems that USCIS is processing old PDs 2003 and 2004 without looking at RD ( if it is within the published processing time or not). so if you have a PD of 2004 or older, don't worry about your RD and they will touch yours soon, assuming I-140 already approved. but if you have a PD newer than 2004, it might be a while before they get to those even if your RD is before 06/08/07 (published)
Also regarding the service request. I did a SR back in February to get an update of my case and they asked me to wait 45 days to hear something. I called again today ( 60 days later) and it seems that SR I did disapeared ( I even have a reference #). Customer Service rep said they can start a new SR but not sure if it is gonna do anything. they will get to the application when they can. and right now they are precessing 2003 and 2004.
Hope this helps.
I had called them last week and was told the ususal spiel about my processing time not being current. But the lady also slipped with some piece of info that I did not have before: The processing dates are updated every 2 weeks....we do not see that online. While I am not sure that is true, I still figured hey let's call again and see. So yesterday the guy on the phone told me that I am outside their processing times and that he will put in a service request to make sure they will take care of my application....and my RD is July 2nd.....so their might be some truth about them internally updating processing times.....maybe
Lasantha
04-11 02:02 PM
I didn't think that EB3 ROW will be "Current" in June. What I meant was that Illusion's PD will be current because he is only 3 months away from May cut off dates.
This is the selfish part of me speaking but I hope they don't become current but move to April 2008 or something similar.
If EB3 ROW is current then that opens up the numbers to EB3 India and China and we saw last year that India alone got 17K approvals so that cuts from the number of ROW approvals.
Again ... it's the selfish part of me ... in a perfect world, nobody would have to wait this long or make these claculations ...
I'm happy for all the people that get that "card ordered" email but I so hope to get one for myself!!!!
This is the selfish part of me speaking but I hope they don't become current but move to April 2008 or something similar.
If EB3 ROW is current then that opens up the numbers to EB3 India and China and we saw last year that India alone got 17K approvals so that cuts from the number of ROW approvals.
Again ... it's the selfish part of me ... in a perfect world, nobody would have to wait this long or make these claculations ...
I'm happy for all the people that get that "card ordered" email but I so hope to get one for myself!!!!
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