averagedesi
08-31 11:41 AM
I am not sure what you mean by there is no issue with my EAD.
Here is an excerpt from an USCIS FAQ
Who is eligible for an EAD that is valid for two years?
The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.
Here is the actual link to the FAQ
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD
So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.
Here is an excerpt from an USCIS FAQ
Who is eligible for an EAD that is valid for two years?
The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.
Here is the actual link to the FAQ
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD
So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.
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Ramba
10-17 05:28 PM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.
GCard_Dream
10-05 12:33 PM
Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.
On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
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Munna Bhai
08-23 12:04 PM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
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snathan
02-17 08:19 PM
currently iam working with vsginc they filed my greencard processing through different company axiom
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.
gc_peshwa
05-13 05:11 PM
I am new here.Thanks I updated it .
This is interesting news indeed. If you are real, (which I think you did confirm :D ) that means another interesting piece of evidence that Eb2 cutoff dates are going to move further into 2007 very soon.
Trinity
Dont worry. I think you should consult with another lawyer to assess whether you will waste that money.
This is interesting news indeed. If you are real, (which I think you did confirm :D ) that means another interesting piece of evidence that Eb2 cutoff dates are going to move further into 2007 very soon.
Trinity
Dont worry. I think you should consult with another lawyer to assess whether you will waste that money.
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smuggymba
10-08 05:40 PM
i sent u PM.
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
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Hello_Hello
08-29 02:20 PM
That's not correct....USCIS/DOS did not allocate full quota to EB-3 India last year, despite it being the most retrogressed category in the system. They kept the dates conservatively retrogressed hence not allowing USIC to issue green cards to allowable limit. On the other hand they issued more than allowable quota to Korea. They are going to under allocate EB-3 India in the current fiscal too..extremely shameful!!! There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
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n_2006
07-16 10:52 AM
If look at you at Pappu's announcement, it is certian that core team knows what fix is going to be. And he let members to guess and speculate.
This GC became more like lottery. I sent my documents to lawyer on Jun 25th and he did not file on 2nd and now he is asking me whether to file or not. If my lawyer and employer are that cooperative, I do not need to waste my time on this forum.
well said..
This GC became more like lottery. I sent my documents to lawyer on Jun 25th and he did not file on 2nd and now he is asking me whether to file or not. If my lawyer and employer are that cooperative, I do not need to waste my time on this forum.
well said..
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Templarian
08-27 11:45 AM
^Perfect :fab:
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lkapildev
07-12 05:27 PM
Take one by one and try to answer properly.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All appropriate autherities are informed about the circulars
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All appropriate autherities are informed about the circulars
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
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Ann Ruben
02-24 02:59 PM
Raama,
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
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friend99
10-09 09:08 PM
I talked to the customer first and she escalated the call to second officer, So I think that is IO! is it right?
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Alabaman
10-05 05:49 AM
The entry for the DV 2008 (aka Visa Lottery) commenced yesterday and would run until noon of Dec. 3. While some countries like India and China are not eligible to participate, it is important to point out some changes that might be indicative of what would happen per current immigration legislations.
In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.
Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.
In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.
Goodluck.
In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.
Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.
In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.
Goodluck.
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jonty_11
06-15 02:54 PM
its 11 digit the alien number on ur I94 card.
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gcwanter
07-26 01:35 PM
It depends on if you filed the application yourself or thru lawyer authorizing them with a G28
- if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address
- if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
- you can try these things
- approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
Hold mail for next x days (whatever maximum)..and renew it once x expires..
also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.
these are just my suggestions. not sure that it will work. but if you try any please post your experiences too
- if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address
- if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
- you can try these things
- approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
Hold mail for next x days (whatever maximum)..and renew it once x expires..
also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.
these are just my suggestions. not sure that it will work. but if you try any please post your experiences too
more...
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test101
06-14 09:32 PM
Hi
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
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Beemar
11-05 11:34 PM
You should be having a copy of your approval notice of your I-140. Your lawyer must be having the original copy of this approval notice. Take an info pass appointment, take this I-140 notice copy with you and ask them what exactly is the matter.
My guess is actually same as your HR/attorney. It most likely is a system issue. I have seen the LUD on many of my open petitions actually going back in past! CIS sure has some cheap and clueless programmers at their offices.
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
My guess is actually same as your HR/attorney. It most likely is a system issue. I have seen the LUD on many of my open petitions actually going back in past! CIS sure has some cheap and clueless programmers at their offices.
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
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gparr
July 26th, 2005, 04:20 PM
Well, you got me started on something new Gary.... Since I don't shoot in raw format, I have never processed RAW before in photoshop, so I had to first download the most recent version of the raw plug-in.... and what fun! But since I have never played with it before, I'm still experimenting. Thanks! You've opened up a whole new world for me! :)
Always glad to help you expand your horizons, Queen. Anxious to see your version of my image.
Gary
Always glad to help you expand your horizons, Queen. Anxious to see your version of my image.
Gary
smartboy75
05-25 05:53 PM
Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
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02-22 03:14 PM
just curious. Are you working for a consulting company?
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