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  #46 (permalink)  
Old 07-09-2007, 09:25 PM
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Default Re: Namecheck Approval required for every GC Applicant?

A FBI name check does not seem to be a mandatory requirement for a GC. I think it maybe part of a "National Security Background Check" but does not seem to be a mandatory one.

Also Please see link below, which seems to indicate that precedents exist for issuing Citizenship to people without completion of background checks. These checks have to be completed within 120 days of citizenship interview, and it seems that in nearly 20% cases, people have been granted citizenship without completion of background checks because the 120 day timeline expired.

http://immigration.about.com/b/a/256020.htm


Quote:
Originally Posted by desi3933
Would you mind quoting the actual law then?

Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
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  #47 (permalink)  
Old 07-09-2007, 09:28 PM
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Default

1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
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  #48 (permalink)  
Old 07-09-2007, 09:31 PM
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Default

Quote:
Originally Posted by hara_patta_for_rico
1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).
very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?
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  #49 (permalink)  
Old 07-09-2007, 09:43 PM
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Default Where were these folks when USCIS was in efficient

Quote:
Originally Posted by delhiguy
http://www.ahslaw.com/documents/AHSLawsuit.pdf


This document gives lot of legal details, states what the lawsuits exactly is..


P.S : I Think its just filed, not accepted by the court as of now

What are we fighting for now? We are expending all energies for temporary relief. I do not mean to belittle how important this step is for people who have been waiting to file for their 485s/EADs.

But, couldnt these organization sue USCIS over the past years for being inefficient and squandering so many visa that could have helped a lot of us...Why isnt anyone talking about that? Should the new law suit also include the complaints of inefficiencies at USCIS and the cause of lost visas...

Or am I just being naive with this thought...
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  #50 (permalink)  
Old 07-09-2007, 09:44 PM
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Quote:
Originally Posted by CSPAvictim
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

DOS Reg 22 CFR 42.51:

(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

Source: http://edocket.access.gpo.gov/cfr_20...22cfr42.33.pdf


Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.

Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

my 2 cents...

Last edited by Ramba; 07-09-2007 at 09:49 PM.
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  #51 (permalink)  
Old 07-09-2007, 09:54 PM
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Quote:
Originally Posted by Ramba
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

my 2 cents...

Do you know that July 1st was a Sunday? A non-working day.
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  #52 (permalink)  
Old 07-09-2007, 09:55 PM
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Default

Quote:
Originally Posted by Ramba
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. The remaining number was splitted for Consular porcessing.

my 2 cents...

Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night No wonder this is all such a horrible mess!
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  #53 (permalink)  
Old 07-09-2007, 10:10 PM
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Default

Quote:
Originally Posted by Ramba
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

my 2 cents...
They cannot issue more than 37.800 visas for april-may-june quarter (0.27*140,000).

37800+13000 is less than 60,000.
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  #54 (permalink)  
Old 07-09-2007, 10:39 PM
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Default

Quote:
Originally Posted by Ramba
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
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  #55 (permalink)  
Old 07-10-2007, 12:37 AM
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Default Come what may....

I think, we should all follow this lawsuit closely...if it gets accepted for trial in Illinois, I am seriously considering filing one myself in California...on similar grounds..

There are several attorneys who would be willing to file a lawsuit no cost with the understanding that any monetary benefits if won, be split with them....

Likewise, I think, others should stand up and consider filing separate law suits in different states....the more law suits get filed, the more media/people/congressmen attention this issue will get...
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  #56 (permalink)  
Old 07-10-2007, 12:50 AM
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Quote:
Originally Posted by delhiguy
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
Whether they are smart people or not, a future department of justice investigation will find out.


http://s202395528.onlinehome.us/category/general/

However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.

Last edited by pkak; 07-10-2007 at 01:08 AM.
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  #57 (permalink)  
Old 07-10-2007, 02:22 AM
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Quote:
Originally Posted by CSPAvictim
very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?
Ofcourse, this can become the main bullet of the law suite gun.. but hold on before firing it... It can backfire to us... End result can be unwanted... Worst Scenario could be revoking all GCs granted in June and few days of July... multiple lawsuites !!! --- AND increment in the BACKLOG where you and I and everybody in this forum are still stuck.
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  #58 (permalink)  
Old 07-10-2007, 02:24 AM
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Quote:
Originally Posted by delhiguy
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
No. all above numbers already includes CPs.. CP is not GOD sent different pious product
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  #59 (permalink)  
Old 07-10-2007, 02:28 AM
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Default

Quote:
Originally Posted by pkak
Whether they are smart people or not, a future department of justice investigation will find out.


http://s202395528.onlinehome.us/category/general/

However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
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  #60 (permalink)  
Old 07-10-2007, 02:32 AM
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Default

Quote:
Originally Posted by hara_patta_for_rico
Do you know that July 1st was a Sunday? A non-working day.
Harra Patta,

It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh Yes, but what can you do now?
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