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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

andy007 07-05-2007 11:56 AM

TANA Convension @ Washington!!
 
Bill Clinton & Hillary Clinton is coming to TANA in Washington.. i am from bay area.. i know lot of people are going this.. please take a print out and talk personally, explain our problems.. Please Thanks

pcs 07-05-2007 11:57 AM

WE actually need to have WEB FAX on this
 
We need to have sticky & web fax on this issue

makemygc 07-05-2007 12:01 PM

Quote:

Originally Posted by pcs
We need to have sticky & web fax on this issue

This thread should be sticky as that will encourage others to do the same. I am wondering why there is no such guidelines from core so far but then I think core is just one of us like pcs who takes the initiatives.

Nice job pcs.

eb3_nepa 07-05-2007 12:01 PM

No No No
 
Quote:

Originally Posted by pcs
We need to have sticky & web fax on this issue

NO NO NO NO NO!!!

NO more of the webfax nonsense. We EACH need to take the time and effort and write a personalized letter and fax it to the right person.

No more templatized crap. If you want something done, DO IT YOURSELF and take the time for it!!

andy007 07-05-2007 12:08 PM

Please give me In Details !!
 
I will go and meet couple of them today ... From Oakland (CA) to Stockton (CA) my selft and meet them .. will show all the papers .. Please give me the Links what we need to show.. thanks and we will work hard this week & get media attenion.... and also .. if posible we will do rally also ..

eb3_nepa 07-05-2007 12:41 PM

Bumping this thread.

GUYS Call CALL CALL

eb3_nepa 07-05-2007 12:51 PM

Quote:

Originally Posted by rax1
Pl create a webfax that I can send to my Senator or congresswoman. Or create a package that we can print and mail to the senators/reps.

Pappu bhai do something regarding this.

Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.

Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?

Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.

eb3_nepa 07-05-2007 12:56 PM

Procedure
 
1) Get the phone and fax numbers of the local office from the senate and house websites
2) Call the local office and get the name of the "Immigration In-charge"
3) Fax a personalized copy addressed to the Senator/Congressperson but on the VERY top say "Attention Mr in-charge} ",to the immigration in-charge.
4) Follow up after a few hours with phone call.

PLEASE WRITE PERSONALIZED Letters Explaining YOUR OWN PLIGHT. PLEASE DO NOT Depend on Templatized faxes.

kalia 07-05-2007 01:10 PM

We should contact John Cornyn of Texas who introduce the skill bill. We should bring the VB fiasco to his notice.

There is no need for webfax. Just go to your senators or House of representative website and sent them an email. You can also call them and give them this information.

bijualex29 07-05-2007 01:11 PM

I called the senators, but they do not have any idea about this issue.
 
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.

gc_aspirant_prasad 07-05-2007 01:13 PM

same here
 
I had called my congressman & the senators from my state.
They didnt know anything about this so I requested them to study Congresswoman Zoe Lofgren s statement along with telling them my story - expenses, time lost, travel cancelled etc.

newbee7 07-05-2007 01:16 PM

Yes, sending snail mail is a good idea!!
 
We must try to aviod the I485/ EAD language though.

nk2006 07-05-2007 01:17 PM

Quote:

Originally Posted by andy007
Bill Clinton & Hillary Clinton is coming to TANA in Washington.. i am from bay area.. i know lot of people are going this.. please take a print out and talk personally, explain our problems.. Please Thanks

I suggested this other day - nobody responded. Please anyone attending TANA can you please contact organizers and see if they can arrange couple minutes of Hillary's time to highlight this issue.

vkxml 07-05-2007 01:21 PM

Quote:

Originally Posted by nk2006
I suggested this other day - nobody responded. Please anyone attending TANA can you please contact organizers and see if they can arrange couple minutes of Hillary's time to highlight this issue.


http://71.18.190.102/index1.asp
This is the website for Tana

Following are the members associated with it. Can anyone get in touch with them.

Dr. Bandla Hanumiaiah
PRESIDENT, TANA
(248) 470 1630
president@tana.org


Dr.Yadla Hema Prasad
Co-ordinator
(301) 801-6973
hemayadla@
yahoo.com


Jayaprada Valluripalli
Deputy Co-ordinator
(301) 869-9590
jayapv111@yahoo.com

Satish Vemana
Regional Vice President - East
(703) 731-8367
vemanasatish @yahoo.com

skynet2500 07-05-2007 01:34 PM

TX Senators
 
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?

mirage 07-05-2007 01:38 PM

Yes, They always do that. I did fill that form for my Senator and congressman when they did inquiry for my application in the backlog center.
I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.

Quote:

Originally Posted by skynet2500
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?


Legal 07-05-2007 01:42 PM

Letter You Can Use
 
Quote:

Originally Posted by bijualex29
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.

Dear Senator,
I am an immigrant who entered this country legally. I’ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

Several categories of EB immigrant visa numbers have been unavailable (“retrogressed”) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be “current” for the month of July. This meant, irrespective of our “priority date”, all of us were made eligible to apply for some interim immigration benefits. This “priority date” refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as “advance parole”. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
Yours Sincerely,

glus 07-05-2007 01:44 PM

Faxed
 
I JUST FAXED DC OFFICES OF THE FOLLOWING SENATORS WITH MY PERSONAL LETTER:

CLINTON FAX: 202-228-0282
CANTWELL FAX: 202-228-0514
SCHUMER FAX: 202-228-3027
KENNEDY FAX: 202-224-2417
CORNYN FAX: 202-228-2856

I will call their offices later and talk about the issue.

CADude 07-05-2007 01:46 PM

I used AILA site to send the mail. May be some one else provide the email info. Thanks

Quote:

Originally Posted by sunsuri
It would be helpful if you few addresses for senators so that everyone can send letters right away.


glus 07-05-2007 01:48 PM

faxed
 
I Just Faxed Dc Offices Of The Following Senators With My Personal Letter:

Clinton Fax: 202-228-0282
Cantwell Fax: 202-228-0514
Schumer Fax: 202-228-3027
Kennedy Fax: 202-224-2417
Cornyn Fax: 202-228-2856

jonty_11 07-05-2007 01:56 PM

Send email using AILA link to 20 senators an counting...Please continue to do...this is as important as campaigning for SKILL Bill...
Lets make ppl aware of waht injustice has been thrust upon us by the impotent DOC and USCIS combo.

jonty_11 07-05-2007 01:58 PM

Quote:

Originally Posted by CADude
I used AILA site to send the mail. May be some one else provide the email info. Thanks

Email and Web Forms of all US SEnators

http://www.senate.gov/general/contac...nators_cfm.cfm

Take some time to send the message on Page 1 of this thread.


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