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CADude 07-04-2007 04:18 PM

Contact - Senators, Congressman and President for regarding unprecedented move by DOS
 
Contact your Senator regarding unprecedented move by the Department of State.


If you all can then please contact your senator.
Below is the letter I sent to my local senator.
You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/co...75063&state=TX.
You can also send email from this link.
It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

Dear Senator :

This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bu...etin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/w...2cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bu...etin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrele...tin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

Sincerely,

Zee 07-04-2007 06:17 PM

I sent to all 100 senators
 
I sent an email to all 100 senators, hopefully they will reply.

sunsuri 07-04-2007 07:10 PM

can you post the addresses of few senators
 
It would be helpful if you few addresses for senators so that everyone can send letters right away.

pcs 07-05-2007 11:11 AM

Like me... you also must meet the local Congressman
 
I met the local office of my Congressman with the following documents to make it easy & simple..

A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )

A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.

Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July

Above was good enough to convince them regarding the mess & they promised action on their part..

IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS

NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION

This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.

I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date



Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.

Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony


Since your butt is on fire like mine.... I do not think I need to convince you to act on this


Best wishes

coolmanasip 07-05-2007 11:15 AM

good one.....I have also sent a letter to my state senators....will go to the congressman office

pcs 07-05-2007 11:17 AM

If anyone needs scanned copy of WSJ report let me know
 
I will email it you. Send me a PM

Actual copy of WSJ & Congresswoman made all the difference in the reaction of the office staff

eb3_nepa 07-05-2007 11:35 AM

Contact your Senators and Congressperson
 
Hello everyone,

This is what I have done today. Called up BOTH my Senators and My local Congressperson. First asked them the name of the Person in-charge of immigration. Then Faxed him/her a ONE page description of what has happened and Urged them to take action.

Please do the same with your local Lawmakers. I believe that if Enough people call and fax them, they WILL do something eventually. It's a NUMBERS GAME and only if enough people contact them will they budge.

Please contact your lawmakers with a Nicely typed letter explaining your current situation and what the USCIS has done.

glus 07-05-2007 11:39 AM

I already did
 
I sent them letters via certified mail on Tuesday!

J

eb3_nepa 07-05-2007 11:44 AM

Excellent Job GLUS

prince_waiting 07-05-2007 11:45 AM

Can't do it or Can I ?
 
My area senator is Mr. Sessions :eek:. What do you guys think, should I email him or not? I am sure that I am not going to get a courteous reply or as a fact of matter a reply at all.

pcs 07-05-2007 11:45 AM

I know most of you can do it ... BUT
 
Why Dont You Do It ??????????

mirage 07-05-2007 11:47 AM

I think every body should write/Fax/call their Senators and congressman/congresswoman even if they are lamar smith, sensenbr..

pcs 07-05-2007 11:50 AM

New Jersey Congressman...
 
All NJ guys can meet Congressman Pallone, without any problem. You guys are always driving around these addresses.....

CENTRAL NJ
67/69 Church St.
Kilmer
New Brunswick, N.J. 08901
Phone: (732) 249-8892 MONMOUTH


504 Broadway
Long Branch, N.J. 07740
Phone: (732) 571-1140
(888) 423-1140

eb3_nepa 07-05-2007 11:51 AM

Quote:

Originally Posted by prince_waiting
My area senator is Mr. Sessions :eek:. What do you guys think, should I email him or not? I am sure that I am not going to get a courteous reply or as a fact of matter a reply at all.


Avoid mentioning this to Sen Sessions office. Try the other Senator and your local Congress person

eb3_nepa 07-05-2007 11:52 AM

Admins we need help
 
Admins can we combine this thread and

http://immigrationvoice.org/forum/showthread.php?t=6082


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