Lets collect some information about IMBRA effects

[Erol 0]

Hang on.

Who is responsible for writing the new I129F form that is now out as a draft?

Is that USCIS?

I know OMB is the one to approve it, but who designed the new form to meet the new IMBRA request?

I contacted my Congressman's Office last week and faxed them my situation with regards to my visa application being pulled from the foreign consulate mid-May. I just contacted them today to see if they had any additional information. They informed me that they had contacted VSC and were notified that they are in conferences all week. Anybody else get a similar type of response?

Conferences? Conferences regarding ... ??

I don't know what kind of conferences. They just said conferences, which I thought was odd that the whole office (or at least people who could answer questions) would not be available.

[rlt 0]

God bless these conferences.

USCIS website has un update on the What´s New link with their newsletter for June 2006.

Nothing about k1 Visas. Nothing at all.

Here´s the link: http://www.uscis.gov/graphics/publicaffairs/uscistoday.htm

Well, at least we know their webmaster is working today.

Let´s hope new processing dates will come as well.

[elizaxyz 0]

Bah. Still no touches since May 1, which I assume is the date they assembled the list of applications to be recalled.

[Ladylethal 12]

That news page is just to empower USCIS if you take close notice of it.

[elizaxyz 0]

That news page is just to empower USCIS if you take close notice of it.

Yes, it was a bit too self-congratulatory for my taste.

[wodengdaini 0]

Just received in the mail my I-797C (Notice of Action)(NOA).

Notice Type: Transfer Notice.

Notice that above application has been transferred to CSC.

Notice Date: June 1, 2006.

Post marked June 2, 2006 Lincoln, NE.

[elizaxyz 0]

Has anyone actually gotten confirmation that USCIS has received their file back from NVC or the Embassy yet? I'm wondering if they're not even opening the petitions again until they receive official word as to what to do with them. I would feel so much better if I knew someone had the file.

[zethris 0]

Ah, I see.

Well, in that case, I'm not exactly sure what you're going to sue for; that is, what kind of damages you're going to claim and how you'd collect them. But I don't think you can sue the government simply because you're angry/annoyed/frustrated. Well, you probably can, but I don't know how much chance of success you'll have.

In a civil suit, as far as I know in my non-lawyerly ways, a plaintiff has to prove that the actions on the part of a defendant were either willful or sufficiently negligent, and that the damages caused are specific and quantifiable.

yep, but that will be revealed if it's plausible to persue this after careful consideration and investigation has been made. A class action of this type is a bit different than just a regular civil suit. It's aproach will be different too should it be persued.

At the very least, if the findings we come up with say that it's not possible to sue, that could be a signifigant statement to some of how untouchable they are trying to make things, and how much more of our rights and civil liberties are being taken away from us. As a conservative, thats a big thing for me to say.

Thus why the USCIS hasn't had even a draft of the new I-129F form until very recently.

That is the current findings from what they could gather while I was there.

Because the front line people at USCIS didn't know about it, you project that "no one" at USCIS or even DHS knew about it?

They can not officaly confirm or deny what at first is speculation until proper documentation is de-classified. The Powers That Be at the DHS who does the declassification may have known more details, that that doesn't mean they knew everything or that anything gets done. But once it was declassified and sent to the DHS workers and officials to assimilate, they divulged the information after further Bureaucractic Corporation of America Inc. "due process" that took an entire month to get to the USCIS. Without prior "official" instruction the USCIS could not know "officialy" to be able to act upon it or prepare for it. This is how stupid and blind bureaucracy can be. Especially when urgency is improperly placed on such a big change in the application process not allowing for the time that it would take for the right hand to talk to the left so the left hand can direct the traffic (the applicants).

Edited June 5, 2006 by zethris

[pax 0]

Sorry if I find this all a bit too pie-in-the-sky. No one's civil liberties are being violated here. No one is being told that he or she can't marry the person of his or her choice; no one is being told that a criminal record or past marriage(s) on the part of the petitioner is grounds for denial of a visa petition; no one is being forced to disclose information that wouldn't be disclosed in a similar background check for a job or the like.

I'm sure that it's possible for a lawsuit to be filed, but I'm not at all convinced that it would succeed. That's if it even makes it to trial. Any claim that civil liberties are being violated is sure to fail, since it seems to me that the government is making sure that due process is being followed. And, again, no one is being denied anything at this stage of the game, and from what I can tell, no one WILL be denied on any basis that they wouldn't have been before IMBRA existed.

If I were a lawyer, I'd tell you to keep your money and take up a nice relaxing hobby until this all blows over. Which it will.

IMHO.

[Yodrak 7]

zethris,

What rights or civil liberties are being taken away from us? The petition and subsequent visa application are to provide a benefit to non-US citizens - a privilege this country offers to them, not a right or civil liberty that we owe to them.

As for us US citizens, we do not have any right of civil liberty to unilaterally bring anyone we want into this country just because we want to do so. We have an obligation to consider the rights and civil liberties of our fellow citizens and how they may be affected by our actions.

Yodrak

....

At the very least, if the findings we come up with say that it's not possible to sue, that could be a signifigant statement to some of how untouchable they are trying to make things, and how much more of our rights and civil liberties are being taken away from us. As a conservative, thats a big thing for me to say.

[zethris 0]

Hang on.

Who is responsible for writing the new I129F form that is now out as a draft?

Is that USCIS?

I know OMB is the one to approve it, but who designed the new form to meet the new IMBRA request?

I contacted my Congressman's Office last week and faxed them my situation with regards to my visa application being pulled from the foreign consulate mid-May. I just contacted them today to see if they had any additional information. They informed me that they had contacted VSC and were notified that they are in conferences all week. Anybody else get a similar type of response?

Conferences? Conferences regarding ... ??

I don't know what kind of conferences. They just said conferences, which I thought was odd that the whole office (or at least people who could answer questions) would not be available.

Well now that the USCIS "officialy" knows, they can act upon it, and i am sure they want to immediatly train all staff on the changes and what this law means immediatly. Especially how the troublesooters plan to attack the flood of us coming in from both newly filed applications, and those of us who have had our already approved visa's revoked because of this. Contrary to what some might think, the USCIS is much more "civilian" in it's ability to work with us, even given the heavy bureaucracy involved that they have to work around on a daily basis. If government agencies could ever be considered close to be our "friends" in this the USCIS would be the closest we can get. So they are acting fast.

Edited June 5, 2006 by zethris

[TracyTN 237]

Well now that the USCIS "officialy" knows, they can act upon it, and i am sure they want to immediatly train all staff on the changes and what this law means immediatly. Especially how the troublesooters plan to attack the flood of us coming in from both newly filed applications, and those of us who have had our already approved visa's revoked because of this.

Your visa was revoked?

Surely you mean your PETITION for the visa was sent back.

[kitkat1 5]

I have come to find out through this entire journey I have been on even before submiting the I-129F, that a good 2 - 3 months average wait time throughout the visa process is not because of volume, but because of the inefficient bureaucracy that is involved.

zethris you are sooo on target (and my new hero). If everyone on this forum chose to take action we could put some real pressure on those that can FIX the problems with USCIS management.

You hit the nail on the head- USCIS has proven to be as competent as FEMA was during the New Orleans hurricane! As we all know, USCIS and Dept of State insulate themselves from responsibility and the consequences of their poor management, and we suffer. There is no accountability! That is why the system is broken.

There is no excuse for a fiancee visa to take 9-12 months from application to issue. None.

The government always f's up whatever they touch, and as we continue to give up our freedoms (wiretapping, background checks, IMBRA) the worse it will get.

Class action law suit- bring it on! I want in!

Readers of this thread - If you have not contacted your Congressperson or Senator, you must do so today. Tell them this abuse of applicants and lack of accountability by USCIS is not acceptable.

Sheep to the back of the visa line.

I agree and Zethris, you are my new hero too.

I did contact my senator's office but so far am very unimpressed with their knowledge or understanding - but I'll give them a few days to try to dig into it.

[zethris 0]

zethris,

What rights or civil liberties are being taken away from us? The petition and subsequent visa application are to provide a benefit to non-US citizens - a privilege this country offers to them, not a right or civil liberty that we owe to them.

As for us US citizens, we do not have any right of civil liberty to unilaterally bring anyone we want into this country just because we want to do so. We have an obligation to consider the rights and civil liberties of our fellow citizens and how they may be affected by our actions.

Yodrak

....

At the very least, if the findings we come up with say that it's not possible to sue, that could be a signifigant statement to some of how untouchable they are trying to make things, and how much more of our rights and civil liberties are being taken away from us. As a conservative, thats a big thing for me to say.

The will be for the lawyers to figure out and for the courts to decide, not the armchair logic of two individuals who want to keep pretending everything is all hunky dory in the USA. I am not a blind liberal, and I am definatly not a blind conservative. There are many things going on that violates our rights and liberties.

Here, our rights, in my opinion, are being violated by the fact that we are not being grandfathered in for those of us who have already applied and been approved. We should be, no matter the deadline. The deadline should be only for new applications from the date of notice, which happened to be 2 months later than the planned deadline, so the deadline should immediatly be changed to when the notification happend at the very least. Ultimatly what should have happened is time to be allowed for all of the check and balances like any other law would have that affords time for the government to provide a way to apply properly and follow the law. They have taken our ability to follow the law away. They have not given us the ability, even going on 3 months to be able to apply with proper documentation. For those who don't know about this change even yet, they will be greatly delayed with an eventuall RFE for months upon months now while they process those of us who have already applied and are waiting for our RFE's already for 2-3 months while they get everything implemented. Overall, neglegence. But this will not reflect the findings of the lawfirm I am in talks with.

I do hope you two wake up a bit and lay off the kool-aid.

[Captain Ewok 1,871]

I had to even actually provide a copy of the law for them to even come to know of it's existance. This law has been implemented so underhandedly, that not even the DHS knew about it until the memorandum was released on May 6th. Seriously!

Sorry, but that's total bull #######.

Lets please try and be more friendly please .