IMBRA

[aussiewench 9]

this might be a dumb question...and forgive me if it is....but if it was a restraining order...why would they have to go all the way back to march...why not start the whole additional security check when the restraining order expired?

Simply because the law came into effect march 6

[Yodrak 7]

Lorelle,

Perhaps true, but not obviously. The information you posted said that the TRO was to remain in effect until the Court rules on the Preliminary Injunction. No one has yet answered your closing question - has that happened?

Further, the restraining order addressed the IMB issue of IMBRA wrt Plaintiff. Does it extend to other IMBs? Beyond that, does it extend to the non-IMB aspects of IMBRA? Maybe, but it would be quite a stretch I think since that was not part of the complaint.

I continue to suspect that the present problem of the recalled petitions is because the SC failed to check for multiple past petitions from the petitioners.

Yodrak

fitnlivly

It was a temporary restraining order which is now obviously no longer in effect. The temporary restraining order would of only been in effect until the court ruled and that was expected after the 04/24/06. The temporary restraining order is possibly the reason why so many petitions where approved after 03/06/06 as the service centers was operating business as usual with no directives to do otherwise until they were legally able to do so.

nannygirl,

Security checks are not an issue. IMBRA contains a list of background items to be checked, none of them dealing with security.

Yodrak

this might be a dumb question...and forgive me if it is....but if it was a restraining order...why would they have to go all the way back to march...why not start the whole additional security check when the restraining order expired?

[rlt 0]

Lorelle,

Perhaps true, but not obviously. The information you posted said that the TRO was to remain in effect until the Court rules on the Preliminary Injunction. No one has yet answered your closing question - has that happened?

Further, the restraining order addressed the IMB issue of IMBRA wrt Plaintiff. Does it extend to other IMBs? Beyond that, does it extend to the non-IMB aspects of IMBRA? Maybe, but it would be quite a stretch I think since that was not part of the complaint.

I continue to suspect that the present problem of the recalled petitions is because the SC failed to check for multiple past petitions from the petitioners.

Yodrak

fitnlivly

It was a temporary restraining order which is now obviously no longer in effect. The temporary restraining order would of only been in effect until the court ruled and that was expected after the 04/24/06. The temporary restraining order is possibly the reason why so many petitions where approved after 03/06/06 as the service centers was operating business as usual with no directives to do otherwise until they were legally able to do so.

nannygirl,

Security checks are not an issue. IMBRA contains a list of background items to be checked, none of them dealing with security.

Yodrak

this might be a dumb question...and forgive me if it is....but if it was a restraining order...why would they have to go all the way back to march...why not start the whole additional security check when the restraining order expired?

It says on their official statement that the petitions were recalled and others being held because of the criminal records they need from all petitioners.

[edsperfect 25]

AussieWench is correct, this is old news.

That restraining order is not helping those of use caught in USCIS and DHS meatgrinder.

Please take advantage of Gary Bala's (an immigration atty) fine blog for updates:

http://usaimmigrationattorney.com/nucleus/index.php?itemid=2

Scroll to the bottom for the latest. The "Highlighted" posts are his.

Today I contacted Senator Feinstein and Senator Boxer from my state, and registered my views on the visa approval process being placed into reverse by the USCIS and DHS incompetance. Yesterday I requested a personal meeting with my Congressman to express my displeasure with how USCIS and DHS is managed.

If you have not contacted your Congresspeople and Senators, why haven't you? You have no excuse unless you just enjoy participating in a f*ed up process. The longer you are "quiet" and "hoping" and "praying" like good sheep, the worse it will get. Reap what you sow, action begets action.

Here is a very simple site that tells you exactly how to make contact: http://www.visi.com/juan/congress/ Do it. Do it NOW.

The restraining order is still in effect until the judge makes a decision one way or the other. ifr he rules in favor of the Govt then he will void the RTO if in favor of Pliantiff then he will make it a permanent one which remains in effect even during an appeal process unless the appeals court vacates it. It would be pertainent only to the plaintiff or someone similiarly situated such as another b roker.

There is no question though that it violates every US citzens civil rights, particular under the fourth, fifth amendment, right to privacy and many state constitutions which make a persons criminal record, rerstraining orders unavialable to anyone, at least legally, without a court order. What this law is doing in forcing a govt agancy to obtain ones records and disclose them to a person who has no right to see them. At some point the Supreme court will overturn the law but it will be three years probably before it gets there.

[Yodrak 7]

rlt,

Thanks for pointing that out. The statement came from DoS not USCIS (which is the agency approved the petitions in error and issued the recall), and that's not quite what the statement said. But on further reflection you may be correct. The reason for the recall may be only the criminal background information, only the multiple petition information, or a combination of both.

The uncertainty of the DoS statement is that it mentions only one item of many items in stating of what the law is about. This leads to the implication of why the recall, but the notice does not say that item was the reason for the recall. It makes the general statement that old processes and procedures were followed

It is interesting that the USCIS has said nothing at all about the recall, perhaps they are of the opinion that the noise based on knowledge would be louder than the noise based on speculation.

Yodrak

It says on their official statement that the petitions were recalled and others being held because of the criminal records they need from all petitioners.

Edited May 25, 2006 by Yodrak

[rlt 0]

rlt,

Thanks for pointing that out. The statement came from DoS not USCIS (which is the agency approved the petitions in error and issued the recall), and that's not quite what the statement said. But on further reflection you may be correct. The reason for the recall may be only the criminal background information, only the multiple petition information, or a combination of both.

The uncertainty of the DoS statement is that it mentions only one item of many items in stating of what the law is about. This leads to the implication of why the recall, but the notice does not say that item was the reason for the recall. It makes the general statement that old processes and procedures were followed

It is interesting that the USCIS has said nothing at all about the recall, perhaps they are of the opinion that the noise based on knowledge would be louder than the noise based on speculation.

Yodrak

It says on their official statement that the petitions were recalled and others being held because of the criminal records they need from all petitioners.

Totally!

I posted this in another thread as well, but I think we´re getting closer, so I´ll post here too.

The DHS is responsible for telling the USCIS how to proceed.

Their phone call for USC only is 202-282-8000.

I´m not american, so I would like to ask one of you to give them a call and ask for information, if you agree of course.

[pnd629 0]

I think it is a good/fair law--although I don't like the problems and delays it is causing right now.

Wouldn't it be nice if there was just a waiver that could be signed--you give your permission for your fiance to see your criminal background(which for many of us would be a blank page--unless they include parking tickets)--and then you get your approval. After all, the non-USC has to submit a police report, what's the big deal?

It is only people that have something to hide that would oppose the law.

I sincerely hope approvals are NOT waiting on the success/failure of that lawsuit.

This process takes too long as it is.

[jen&darcy 0]

I wrote a letter to my congressman. His office is right down the street from my work and I will see him on Monday at our local parade.

Here is the letter I wrote to my congressman:

I am writing to you today with reference to K-1 Visas and the new IMBRA law that went into effect on March 6, 2006.

I have a petition sitting at the Nebraska Service Center waiting to be processed. I am a US citizen residing in Olmsted Falls, OH. My fiance is a Canadian citizen residing in Kelowna, BC. My first Notice of Action date is April 21, 2006. A statement was released yesterday by Department of Homeland Security that even though the law is in effect they are not prepared to enforce the new law. As it appears now, that all service centers have been halted due to the new policies and procedures not being properly in place nor followed. They have recalled over 1100 petitions because of policies and procedures not put into place. Most of these petitions were from the Vermont Service Center due to their quick turnaround in processing petitions. The notice also states that a new I-129F form will be required for all petitions after March 6th. This form is still not available.

There has been no direction given as to how the new security checks will be performed, what will be required or what they will do with thousands of petitions sitting on the desks of the service centers waiting to be processed.

I frequent a website called www.visajourney.com. This board is designed for people going through marriage based visas. It gives guidance, forms and a place for people to share their stories through this long journey. However, the consensus is now that we are all on hold until the government figures out what they are doing and how to handle this. My question is why wasn't this happening between the time that the President signed this in January until March 6th when the law went into effect?

When an individual contacts USCIS, they have no idea what you are talking about when you mention IMBRA, new forms, etc. This has become a very frustrating process. At the time, I first submitted my petition I was told it would take 80 to 110 days to process my petition. However, now with all the service centers at a halt I cannot see how my petition will be processed within that time frame.

I have two girls from a previous marriage that continue to ask me why Darcy isn't here yet or coming soon. How do you explain to a 9 and 5 year old that it is the government holding us up from being a family?

Thank you for your time.

I was actually able to send this via email to him. I plan on speaking to him personally on Monday at the parade.

[Ladylethal 12]

That was pretty good, let´s hope we hear something from USCIS or DHS concerning the new form soon.

[Pete 0]

I wrote a letter to my congressman. His office is right down the street from my work and I will see him on Monday at our local parade.

Here is the letter I wrote to my congressman:

I was actually able to send this via email to him. I plan on speaking to him personally on Monday at the parade.

Bingo! Very nice and doesn't pull punches. Glad to see others taking action.

Mine was very similar: Asking for an explanation of the visa process going into reverse, asking for an immediate investigation of DHS and USCIS, and seeking all possible effort being brought to bear in processing applications and expediting of I-129F especially as they are keeping loved ones apart.

If every US citizen reading this forum contacted their Congresspeople and Senators, we might bring some accountability to this walled-off bastion of bureacracy called USCIS and DHS.

People can easily locate their representatives at this site: http://www.visi.com/juan/congress/

Unless we act together and enmasse, we will continue to languish in "wait land".

Edited May 25, 2006 by Pete

[lt&gh 0]

I wrote a letter to my congressman. His office is right down the street from my work and I will see him on Monday at our local parade.

Here is the letter I wrote to my congressman:

I am writing to you today with reference to K-1 Visas and the new IMBRA law that went into effect on March 6, 2006.

I have a petition sitting at the Nebraska Service Center waiting to be processed. I am a US citizen residing in Olmsted Falls, OH. My fiance is a Canadian citizen residing in Kelowna, BC. My first Notice of Action date is April 21, 2006. A statement was released yesterday by Department of Homeland Security that even though the law is in effect they are not prepared to enforce the new law. As it appears now, that all service centers have been halted due to the new policies and procedures not being properly in place nor followed. They have recalled over 1100 petitions because of policies and procedures not put into place. Most of these petitions were from the Vermont Service Center due to their quick turnaround in processing petitions. The notice also states that a new I-129F form will be required for all petitions after March 6th. This form is still not available.

There has been no direction given as to how the new security checks will be performed, what will be required or what they will do with thousands of petitions sitting on the desks of the service centers waiting to be processed.

I frequent a website called www.visajourney.com. This board is designed for people going through marriage based visas. It gives guidance, forms and a place for people to share their stories through this long journey. However, the consensus is now that we are all on hold until the government figures out what they are doing and how to handle this. My question is why wasn't this happening between the time that the President signed this in January until March 6th when the law went into effect?

When an individual contacts USCIS, they have no idea what you are talking about when you mention IMBRA, new forms, etc. This has become a very frustrating process. At the time, I first submitted my petition I was told it would take 80 to 110 days to process my petition. However, now with all the service centers at a halt I cannot see how my petition will be processed within that time frame.

I have two girls from a previous marriage that continue to ask me why Darcy isn't here yet or coming soon. How do you explain to a 9 and 5 year old that it is the government holding us up from being a family?

Thank you for your time.

I was actually able to send this via email to him. I plan on speaking to him personally on Monday at the parade.

Sorry for the plaigerism (bad spellers of the world untie) but I just edited and sent a copy of this letter to the 4 congressmen of my state!!!!

Thanks for such a great letter, I was racking my brains trying to figure out what to say without sounding mean.

Edited May 26, 2006 by lt&gh

[kitkat1 5]

Thanks for that letter - it's much better than what I wrote. I contacted my Senator today and will be faxing the letter and the privacy release tomorrow. I will post any response I get.

[amwo 0]

(i just posted this on another forum but fits here too)

Hi Everyone,

I had a scenario thought today. Isn't it strange that 1100 US citizens can't get info on their cases? And 1100 haven't received any notification from CIS, NVC or DHS? When did this law take effect? Why has so much time passed?

Then my mind went awful........

And when was the lawsuit in Georgia started? http://fianceevisalawyer.com/

Over 2 months ago? (And there's anti-IMBRA sites all over the www.)

Is it possible that this law truly is unconstitional? And they are trying to avoid any future law suits? And they have their lawyers working on it to find a way? And until that is found.........

I'm no where near being a lawyer but this is too much, too strange. From early January to now they haven't come up with anything. Say I got the criminal background form now, did the requirements, and our case is back in motion. But then the law is found unconstitutional and I sue. Could they be avoiding that?

And it's not just the 1100 recalled. It's all petitions since March 6. Is that a lot of possible lawsuits?

Please tell me I've seen too many movies.........

(Note: my fiance was told that MAYBE he would have an interview in September/October. And this is Paris - not a very busy consulate. And today I spoke to a very sympathetic woman at DoS. When she looked up our case number she said "Oh nooo" and explained the whole thing. Her best guess at time was at least 2 months after filing the new requirements, and it will be awhile before the new form is done. She also said our case is back with CIS but that's not what they tell me and my online doesn't reflect that as well.)

[ppboo 0]

(i just posted this on another forum but fits here too)

Hi Everyone,

I had a scenario thought today. Isn't it strange that 1100 US citizens can't get info on their cases? And 1100 haven't received any notification from CIS, NVC or DHS? When did this law take effect? Why has so much time passed?

Then my mind went awful........

And when was the lawsuit in Georgia started? http://fianceevisalawyer.com/

Over 2 months ago? (And there's anti-IMBRA sites all over the www.)

Is it possible that this law truly is unconstitional? And they are trying to avoid any future law suits? And they have their lawyers working on it to find a way? And until that is found.........

I'm no where near being a lawyer but this is too much, too strange. From early January to now they haven't come up with anything. Say I got the criminal background form now, did the requirements, and our case is back in motion. But then the law is found unconstitutional and I sue. Could they be avoiding that?

And it's not just the 1100 recalled. It's all petitions since March 6. Is that a lot of possible lawsuits?

Please tell me I've seen too many movies.........

(Note: my fiance was told that MAYBE he would have an interview in September/October. And this is Paris - not a very busy consulate. And today I spoke to a very sympathetic woman at DoS. When she looked up our case number she said "Oh nooo" and explained the whole thing. Her best guess at time was at least 2 months after filing the new requirements, and it will be awhile before the new form is done. She also said our case is back with CIS but that's not what they tell me and my online doesn't reflect that as well.)

May I know what is the DoS Phone number that you call? AT least they can tell you something.... we would like to give a try.. Thanks

[amwo 0]

here 'tis

State Dept. visa inquiries 202-663-1225

press 1 for main menu

press 0 for a visa specialist (tahahaha!)

8:30-5:30 monday-friday

usvisa@state.gov

and there is also USCIS headquarters in DC given to me by NVC

202-514-4316

202-514-3296 fax

BUT when i call the number there is no answer, no voice mail, no recording. it just rings and rings. i'm seding a fax tomorrow.