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  • maddipati1
    01-13 06:19 PM
    this is great news. this is a direct result of great work by IV members.
    i firmly believed this can be achieved and we did it. great job everyone.
    without this relief the fruits of July fiasco are gone. good that we got'em back.


    SPECIAL THANKS TO 115 members who voted yes to this poll





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  • DallasBlue
    09-13 03:00 PM
    Caught in a Bureaucratic Black Hole
    By Anna Gorman
    The Los Angeles Times

    Monday 10 September 2007

    Applicants seeking US citizenship languish for years as the FBI conducts cumbersome records checks. Lawsuits are a result.
    Seeking to become a U.S. citizen, Biljana Petrovic filed her application, completed her interview and passed her civics test.

    More than three years later, she is still waiting to be naturalized - held up by an FBI name-check process that has been criticized as slow, inefficient and a danger to national security.

    Petrovic, a stay-at-home mother in Los Altos, Calif., who has no criminal record, has sued the federal government to try to speed up the process. She said it's as if her application has slipped into a "black hole."

    "It's complete frustration," said Petrovic, who is originally from the former Yugoslavia and is a naturalized Canadian citizen. "It's not like I am applying to enter the country. I have been here for 19 years."

    Nearly 320,000 people were waiting for their name checks to be completed as of Aug. 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years.

    Applicants for permanent residency or citizenship have lost jobs, missed out on student loans and in-state tuition, and been unable to vote or bring relatives into the country. The delays have prompted scores of lawsuits around the country.

    Already this fiscal year, more than 4,100 suits have been filed against the citizenship and immigration agency, compared with 2,650 last year and about 680 in 2005. The mandamus suits ask federal judges to compel immigration officials to adjudicate the cases. The majority of the cases were prompted by delays in checking names, spokesman Chris Bentley said.

    "There is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd," said Ranjana Natarajan, an ACLU staff attorney who filed a class-action lawsuit in Southern California last year on behalf of applicants waiting for their names to be checked. "People who have not been any sort of threat ... have been caught up in this dragnet."

    In addition to the bureaucratic nightmare that the lengthy delays present, attorneys and government officials say there is a far more serious concern: They could be allowing potential terrorists to stay in the country.

    Fallout From 9/11

    The backlog began after 9/11, when Citizenship and Immigration Services officials reassessed their procedures and learned that the FBI checks were not as thorough as they had believed. So "out of an abundance of caution," the agency resubmitted 2.7 million names in 2002 to be checked further, Bentley said.

    Rather than simply determining if the applicants were subjects of FBI investigations, the bureau checked to see if their names showed up in any FBI files, including being listed as witnesses or victims. About 90% of the names did not appear in the agency's records, FBI spokesman Bill Carter said.

    But for the 10% who were listed, authorities carefully reviewed the files to look for any "derogatory" information, Carter said. Because many documents aren't electronic and are in the bureau's 265 offices nationwide, that process can take months, if not years.

    "It is not a check of your name," said Chuck Roth, director of litigation for the National Immigrant Justice Center in Chicago, which also filed a class-action suit. "It is a file review of anywhere your name happens to appear. It has just created a giant bureaucratic mess."

    Although many of those stuck in the backlog are from predominantly Muslim countries, there are also people from Russia, China, India and elsewhere. They include government employees and Iraq war veterans. Many have been in the U.S. legally for decades.

    In one case decided in Washington, D.C., recently, a federal judge wrote that a Chinese man's four-year wait for permanent residency was unreasonable and ordered the government to decide on the application within three months. Petrovic, who has two U.S.-born teenagers, doesn't know what delayed her application. The only explanation she can think of is that her name is common in her native country.

    She and her husband, Ihab Abu-Hakima, also a Canadian citizen, applied for citizenship in April 2003 and had their interviews in February 2004. Her husband was sworn in that summer, while her application continued to languish. She checked the mail daily.

    When she still didn't hear anything, Petrovic contacted immigration officials, who told her that the FBI had her file and that it was still active. She also contacted her representative and her senator, whose offices asked Citizenship and Immigration Services to expedite the application. She filed a Freedom of Information Act request for her FBI file, which simply showed that she had never been arrested.

    "I have a feeling that the system has broken down," she said.

    Joining a Different Group

    In August, Petrovic joined an American Civil Liberties Union lawsuit filed in Northern California against the federal government. She is waiting to become a U.S. citizen so she can sponsor her elderly parents, who live in Canada and visit often.

    "Every time they leave, I feel bad," she said. "This is their life here, more than there."

    The problem extends beyond the disruption of personal lives.

    In his yearly report to Congress in June, immigration services ombudsman Prakash wrote that the policy on checking names "may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country." questioned the overall value of the process, writing that it was the "single biggest obstacle to the timely and efficient delivery of immigration benefits."

    The Department of Homeland Security has acknowledged the threat, last month announcing plans to work with the FBI to address the backlog and reduce delays. Citizenship and Immigration Services will reassess the way name checks are done and earmark $6 million toward streamlining the process, Bentley said.

    Though 99% of the agency's name checks are completed within six months, Bentley said, the lengthy delays for some applicants is "unacceptable."

    "That requires a lot of patience on the part of an applicant because they have to wait sometimes multiple years," he said.

    Nevertheless, he said, no benefit will be approved until that name check comes back clear. Security checks have produced information about sex crimes, drug trafficking and individuals with known links to terrorism, according to the agency.

    Carter, the FBI spokesman, said he understands that applicants waiting for answers are anxious, but he said the process is complicated and involves dozens of agencies and databases - and, in some cases, foreign governments.

    "The FBI's No. 1 priority remains to protect the United States from terrorist attack," Carter said. "To that end, we must ensure the proper balance between security and efficiency."

    In addition to clearing the backlog and processing the 27,000 new name checks it receives each week from immigration officials, the FBI is trying to accelerate the process by making more documents electronic. It is also adding more staff and moving resources to a new records facility in Virginia, Carter said.

    Mark Krikorian, executive director of the conservative Center for Immigration Studies, said the government needs to make sure that it carefully checks every application. And working with foreign governments is inevitably going to slow the process down, he said.

    "We correctly have much more stringent standards for immigration," he said. "I am not really sure that there is any way to do this kind of deep background check efficiently."

    But attorneys said that because of the inefficiency, the program isn't serving its purpose.

    "Let's say this guy is a terrorist or a criminal," Los Angeles immigration attorney Carl Shusterman said. "Why wouldn't the FBI rush the case?"

    Mervyn Sam, a South African native who got a green card in 1998, has been waiting more than four years for the FBI to complete his name check. Sam said his career has been affected by the delay. He lives in Anaheim and is a project manager at a software company but cannot work on certain government projects because he is not a U.S. citizen. He has sued the federal government.

    "I am not sure what the hiccup is on my end," he said. "It is very, very frustrating."

    Shusterman, whose office is representing Sam, said applicants waste their time by contacting the immigration services agency, the FBI or their legislators.

    "There is only one thing that works, and that is suing them in federal court," he said.

    --------

    anna.gorman@latimes.com





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  • punjabi77
    11-20 02:26 PM
    Correct me if I am wrong. If a person has a good paying job and if he decides to foreclose, isn't he responsible for the loss incurred by the bank. It is a different case if you have no income, but just because you lost money because of a wrong decision, how could you walk away free with just a dent in your credit history. Maybe I am missing something here.

    BTW, I am not judging OP in any way, just curious with how foreclosures work as they make headlines everyday now.

    Thanks for the feedback so far from people on this group.
    Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
    if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..

    i hope u got my point..





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  • gccovet
    10-30 12:44 PM
    All,
    Please get this item in your "TO DO" list.
    This is very important not only for you but all of us here. You may not be effected yet, but you might soon. Or someone you know might be getting bitten by it...

    We request you to please spare few minutes and read the following, please send the letters stated in Action Item....


    check out http://immigrationvoice.org/forum/showthread.php?t=22182

    We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads:
    http://immigrationvoice.org/forum/sh...d.php?t=22052;
    http://immigrationvoice.org/forum/sh...ad.php?t=21716

    Thank you very much for your time.

    GCCovet



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  • Meghna
    05-16 08:16 PM
    [QUOTE=Das73]It's always a good practice to take a receipt notice of any action done by your lawyer & keep that for your records.

    When you apply for EAD, soon USCIS will ask you to do fingerprints(BIO-2). I think you missed that part and it might be denied or void as it was left for so long!

    You can file for new EAD online at https://efiling.uscis.dhs.gov/efile/InteractionMgr?interactionmgr.interaction=SetupEfo rms&timestamp=1127234762990

    Create your account & you can file your self with out lawyer's assistance. It's always suggested to file EAD(I-765) & AP(I-131) jointly. You can pay by credit card.
    (1) After applying online, you will receive 'Receipt notices' of EAD & AP.
    (2) Now a days USCIS will set up an apointment for BIO-2 of EAD.
    (3) You have to send supportive documents for Advance Parole, like photos,brief explanation of qualifying for AP...I can give you those sample formats !

    Coming to I-485 BIOMETRICS, call USCIS & ask them about BIO. Go to this website & register https://egov.immigration.gov/cris/jsps/index.jsp. You must add I-485,EAD,AP & I-140 receipt numbers like LINXXXX and you will get emails when they get approved. You can also see the changes on 'LAST UPDATED' column, which means your case is touched by an officer. But it's not the confirmation of approval until status message has changed or you got an email.

    Go thru these 2 links & familiarize well. Hope your I-140 has approved. Finally these are suggestions only & I am not a lawyer. Consult an immigration lawyer if you have uncanny issues.
    Goo Luck.

    ------------------------------------------------------------------------
    Thank you for your reply Mr.Das

    1) My I 140 was approved
    2) I just got my Bio appointment and i am all set with that. i received 1 week after the appointment date but we just walked in and got Bio with out any problem.
    3) MY EAD is the only problem
    As i mentioned it has been almost 2 years and its still pending. i gave my biometrics at that time and i received my AP for me and my husband. My husband (dependent) got ead but not me :confused:





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  • logiclife
    01-09 12:05 AM
    Thanks,
    logiclife.



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  • logiclife
    01-09 10:50 PM
    11,000 dollars in fund-raising.

    Pretty soon.

    --logiclife.





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  • punjabi77
    11-19 11:57 PM
    I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
    Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
    I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
    Will this affect my GC process. I have no plans of buying a house in coming years.
    What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
    If anyone had an experiecne like this or may know someone, please share ur thought..



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  • engineer
    06-21 12:34 AM
    I heard that we have to provide all the address where we stayed in USA for filing I485. But very first time I came to USA almost 6-7 years back for short term and I do not remeber the actual address. Basically i do not remeber very first two address when I came here for short term. Is it a matter of concern.

    I believe if you get your Credit score reports from Experian and others, it lists all the addresses you ever lived in USA. You can get free Credit score reports from agency once a year.





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  • pappu
    11-22 07:52 PM
    Aliens and Nationality - 8 USC Section 1571

    Sec. 1571. Purposes


    (a) Purposes
    The purposes of this subchapter are to -
    (1) provide the Immigration and Naturalization Service with the
    mechanisms it needs to eliminate the current backlog in the
    processing of immigration benefit applications within 1 year
    after October 17, 2000, and to maintain the elimination of the
    backlog in future years; and
    (2) provide for regular congressional oversight of the
    performance of the Immigration and Naturalization Service in
    eliminating the backlog and processing delays in immigration
    benefits adjudications.
    (b) Policy
    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, except that a petition
    for a nonimmigrant visa under section 1184(c) of this title should
    be processed not later than 30 days after the filing of the
    petition.

    also see
    http://immigrationvoice.org/forum/showpost.php?p=198172&postcount=9



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  • DannyBoy
    02-21 06:57 PM
    Guys, i have been trying to find some information on this but i can't seem to find any thing relevant.

    I have been in the US since 2001. I came in on a F1 and then moved to a H1 and then my employer filed for my greencard and i now have an EAD and AP that is employment based. My last entry into the US was based on my AP.

    I recently got married and my wife is a US citizen. I was wondering if it makes sense to apply for a family based AOS concurrently since the employment based AOS takes a long time to be processed. If this possible? and if so how do i go about doing this?

    My apologies if this topic has already been covered, i tried searching the forums but could not find any similar topics.

    Appreciate the help.





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  • mamit
    02-12 04:14 PM
    the first contact for the congressman's office is the relevant consulate. so it doesn't hurt. it is a simple process. your boss has to sign a confidentiality release document for you and attach a cover letter. to help your boss, identify the congressman, go to the congressman's website and find out where the forms are, write a draft cover letter etc . you can do this yourself i.e enquire as a constituent just in case you don't want to involve your boss. i think it may be better that it goes through your boss

    Thanks Bpositive. I called up the DOS yesterday and they said they don't hve any record against my case number with them. Does that mean the embassy still haven't send my info to them (which I doubt since its been 10 weeks since my visa appointment at Delhi) or does it mean that my security check are ongoing? Should I visit Delhi consulate in person and talk to them about it?



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  • waiting4gc02
    05-17 08:17 AM
    Guys:
    Here is my scenario :

    We have a 3 year extension( H1-B for myself) and (H4 for my wife) based on an approved I-140 valid till Feb'2010.

    I am going to apply for I-485(both) next month and EAD for my wife.

    My questions are :

    A) Do I need to apply for EAD for myself ? If yes, what are the benefits ? Does it help to have an EAD, if I decide to change jobs using AC21 after 180 days of filing I-485 ? Or any other benefit ?

    B) Do I need to apply for AP for both me and my wife ? Can't we travel and then get Visa stamped for 3 years (till 2010) based on the I-797 that I have ?
    Do we have to use AP only if we want to travel, once we have filed I-485 ?

    Thanks for your time.





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  • chanduv23
    01-13 09:21 PM
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  • PHANI_TAVVALA
    08-25 03:12 PM
    Ok...the way I see this is 5000min/month at $25 (not adding taxes) is 5 cents a minutes...that is more than what I pay for my calling cards....bottom line....if your monthly calling bill is less than $ 25 there is no reason why you should get Vonage.

    Nice math.:)





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  • satyasaich
    01-27 03:00 PM
    Please click the following link

    http://www.migrationpolicy.org/ITFIAF/news_012506.php

    Dr. Martin recommends that:
    1.Policies must be flexible enough to respond to changing market conditions;
    2.Visa categories, which have become so complicated they often require professional assistance to navigate, should be simplified;
    3.The government apparatus for managing applications should be better funded and more efficient;
    4.Requirements for workers and employers should be reasonable and consistent with the way the labor market functions (so for jobs that are not temporary, workers should be given an option to transition to permanent status);
    5.Workers should have mobility among jobs and employers; and
    6.Employment of unauthorized migrants must be curtailed.
    Does anyone know what happened in this breakfast meeting..



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  • atlfp
    10-17 09:03 AM
    These people are asxxx but they are smart people. They say what they got to say, not what the believe. Lou Dobb wants to appeal to certain people and immigration provided one of the best opportunities. If you wish to take them on, take them on along with a major media. Otherwise it's useless to try to "persuade" him. He would be launghing as if you are a clown.





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  • pd_may_2007
    07-25 10:11 AM
    I came across this coverage by Voice Of America... Please do note that this is in Hindi (Indian National language) WITHOUT any sub-titles.

    http://www.youtube.com/watch?v=JX8Aqi3F9is





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  • acecupid
    07-09 06:57 PM
    We managed to stir the lion! I think we have achieved more than what we asked for from this campaign. I hope we get more media coverage from this statement.:cool:





    coolpal
    04-24 02:17 PM
    I am in the US for 7 years now, and frankly, I am yet to see a H1B ONLY job posting...
    Hmm... me thinks, I was hibernating in the h1b golden years :(

    pal :)





    calabor2001
    02-12 03:16 PM
    Waiting since Jan. 7th 2008.