From IV: Those who got FOIA response from USCIS, Do This

[needhelp!]

Some of you have been receiving the USCIS response about your FOIA request.

Please use the following template to compose your response (you may email it to the address provided)


______________________________________

Email: uscis.foia@dhs.gov
Fax: (816) 350-5785

U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010


Dear FOIA officer,

Thank you for responding to my FOIA request NRCXXXXXXX dated mm/dd/yyyy. I would like to know more information about the following.

(1) Can NRC extract data based on the country of birth or Nationality given that Country of Chargeability is not captured until the end of the adjudication process?

(2) I would like to know how long will NRC take to provide a response once I pay the fee. I am not looking for an exact number of days. How ever, an estimate of how long it will take to provide the information sought would be very helpful.

You asked me to define the priority date.

Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied. For cases without an underlying labor certification, Priority Date is the date on which the I-140 petition was applied for. Priority date is NOT the date USCIS has received the AOS/I-485 application. For example, An applicant with a priority date of 12/10/2001 might have filed the AOS/485 on 07/19/2007 and another applicant with a prioirty date of 04/23/2004 might have filed the AOS/485 on 07/30/2005. INA act prescribes that the priority date be used in granting permanent residency to AOS applicants. I am looking for information on pending AOS/485 applications sorted by the priority date of the applications for every quarter of the USCIS/DHS fiscal year starting from year 2001 for the requested 14 categories for primary applicants, spouses and children.

(3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

Thanks,
XXXXX

[akred]

Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

should be:

Priority date is defined in two ways -

a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

or

b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.

[reddymjm]

Originally Posted by akred

Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

should be:

Priority date is defined in two ways -

a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

or

b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.

You are right

[needhelp!]

http://www.uscis.gov/propub/ProPubVA...b1c58f5df66d79


22 CFR, Part 42, Sec 42.53
Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.

[WIKIfication needed]

[vine93]

bump

[gjoe]

Originally Posted by needhelp!

Some of you have been receiving the USCIS response about your FOIA request.

(3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

Thanks,
XXXXX

Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.