USC Green Card Petitioners' Committee

[En-oh-eh-to now 147]

http://www.bbc.co.uk/news/magazine-24501030

Even though ours is not shutdown related, I guess media might take up our issue.

Not only should we contact the author, we should bring that newlywed couple in to help with our cause!

[Jayr&Kirstine 4]

I have a draft, but it kind of sucks. I need to put more thought into it. I am willing to share the gist of it:

1. It starts out with a single speaker briefly explaining our important message.

2. In the second section, the mashup begins: various speakers will very briefly explain their situation: I am a wife, husband, child, children. We are a family.

These snippets would be assembled in a way to attach faces to our cause.

3. In the third section, it transitions back to a single speaker who explains in very simple terms what USCIS has done to us.

4. In the fourth section, a speaker explains that even the K-3 visa, which was meant to reunite families quickly, is no longer of any use.

5. In section 5, another mashup, we explain what we're asking for - to be reunited with our families in timely manner.

6. In section 6 a single speaker explain that we chose the legal route, and we're being punished by long waiting times.

7. Finally we tell the viewer how to help: just click the link to view our committee page to increase the hits! If they want to take on a more active role, then great! We may attract other petitioners who have never heard of VJ, and didn't realize that such a community exists.

I think it would be best to keep it under three minutes, or maybe even two. Any longer than that, and the audience will likely find something else more entertaining.

Still looking for the right background music. Please share your ideas, but of course we don't want to violate DMCA.

I like!!!

[deleteme 34]

Dear Friends,

I have been doing more research about the cause for the I-130 processing delay. I think this will inform many, and clarify the issue for many. I want to warn you that some of this information may produce explosive political opinions, and so, I want to encourage everyone to think coolly, and remember that our first priority is to our spouses who are abroad. Let's try to set aside the politics.

VJ data shows that the median number of days for an I-130 approval (NOA2) was consistently 90 days for filers in November, 2012 through February 2012. But about a little less than half of February filers did not get an adjudication after 100 days, which was unusual. Then March filers did not start receiving adjudications until very recently - 6-7 months later. Since March, adjudications have virtually stopped. Of course there have been exceptions, 'expedited' cases, etc, but those exceptions have been rare.

Some people have attributed the cause of our delay to DACA, but I do not believe that this is the cause. DACA is Deferred Action for Childhood Arrivals – Obama's order to Homeland Security to "exercise prosecutorial discretion" in deporting people who were brought here illegally as kids. It amounts to de facto amnesty for this class of illegally present persons. These people were allowed to start filing in August, 2012. Last year, one VJ member did find incontrovertible evidence – based on her expert statistical analysis of USCIS data – that DACA was affecting I-129 applications at the California Service Center, and she was an I-129 applicant for her fiancee to come to the US. In other words, she found proof that USCIS was re-allocating their labor away from I-129s to process DACA forms - I-821D, I-765, I-765WS.

But DACA could not be the cause of the I-130 delay, because I-130 processing continued through the end of 2012 and the beginning of 2013 at a good pace, averaging 90 days.

Some people have also wondered about same-sex married couples, who have been eligible to file since DOMA was struck down, and USCIS came up with new regulations in June-July. I have seen remarkably fast I-130 approvals reported on these message boards from people who are same-sex binational, but it is doubtful that these numbers can account for the slowdown.

The real cause of the delay is a new "provisional waiver" program. The Obama administration announced the program in January, 2013.

This program targets immediate family members of US citizens, who are here illegally. Once they obtain the waiver they are eligible for legal residency. The waiver is not new, but Obama's program is.

The program provides broader ground for receiving a waiver, in effect, making a larger number of people eligible for legal residency. This has opened the floodgates to I-130 applications from illegal aliens who are immediate relatives of US citizens. This is defacto amnesty for illegally present family members of US citizens, and this has affected I-130 processing.

To apply for a waiver, applicants use forms I–160 or I–160a (the latter is new with the Obama program). At the same time, or earlier, they can file an I-130. Applicants were allowed to start filing for waivers in March, exactly when I-130 approvals slowed drastically, and the number of applications rose significantly.

It appears that, in response to the anticipated waiver program, the USCIS changed their organization. This is the reason for the new Overland Park facility.

I do not believe that Immediate Family I-130 petitions from these "provisional waiver" recipients are treated any differently than Immediate Family I-130 petitions from anyone else. So, we are all lumped together. What may be unfair, however, is that these "provisional waiver" recipients are probably almost all already in the US with their immediate family - their spouses - while many of us have spouses who are waiting abroad. In other words, those of us who followed the law and are separated wait in the same line with those of us who were here illegally and are together.

However unfair this may be, the law says that the immediate relatives of US citizens should receive first priority, and that covers both people who followed the law and people who did not, once those here illegally have been granted "provisional waivers". So, the Obama administration can argue that they are following the law, if people object and raise a fuss. They might not like the pressure, though, if this matter were raised by the Obama administration's political opposition, and they might be pressured to find a solution for people who followed the law.

It is doubtful to me, that AILA or immigration attorneys like Laurel Scott will be interested in segregating the waiting-line, giving preference to those who followed the law. They want the government to give legal residency for all - those here already illegally and spouse of USC's living abroad. We cannot expect them to play favorites and they won't. Laurel Scott specializes in helping illegals get these waivers, and if you read AILA's policy memos, you will see what I mean.

My spouse like many of yours, is waiting abroad for the green card. I believe that we can count on the support of AILA and others, to get our spouses here expeditiously, as long as we are not asking them to turn against the illegals. So, I believe that we can count on them to pressure the government to build up their capacity for processing I-130s and for expediting K-3s. I believe that the K-3s are our ticket, but current USCIS policy on the K3 must change.

I think that they, and USCIS, for that matter, will be receptive to the argument, that we should not be punished for following the law. And in granting waivers to immediate family members of aliens who are already here illegally, this is not equitably treating us. For equity's sake, they should dust off their K3 policy and process I-129s for married spouses faster and grant the K3s faster.

That, I believe is what we should aim for. We are not going to get our spouses here any faster by arguing with the Obama administration over their policy, although it might be marginally helpful to tell our story to the political opposition. But it does seem reasonable, that they will accept the view, that they can and should speed up K3s for spouses of USCs who are abroad, especially when their wait time has been elongated by the special grant of this privilege to others.

Edited October 17, 2013 by alaskafan

[deleteme 34]

I have a draft, but it kind of sucks. I need to put more thought into it. I am willing to share the gist of it:

1. It starts out with a single speaker briefly explaining our important message.

2. In the second section, the mashup begins: various speakers will very briefly explain their situation: I am a wife, husband, child, children. We are a family.

These snippets would be assembled in a way to attach faces to our cause.

3. In the third section, it transitions back to a single speaker who explains in very simple terms what USCIS has done to us.

4. In the fourth section, a speaker explains that even the K-3 visa, which was meant to reunite families quickly, is no longer of any use.

5. In section 5, another mashup, we explain what we're asking for - to be reunited with our families in timely manner.

6. In section 6 a single speaker explain that we chose the legal route, and we're being punished by long waiting times.

7. Finally we tell the viewer how to help: just click the link to view our committee page to increase the hits! If they want to take on a more active role, then great! We may attract other petitioners who have never heard of VJ, and didn't realize that such a community exists.

I think it would be best to keep it under three minutes, or maybe even two. Any longer than that, and the audience will likely find something else more entertaining.

Still looking for the right background music. Please share your ideas, but of course we don't want to violate DMCA.

This is a very good idea. I'd be happy to help wordsmith this - and to participate with my wife.

[deleteme 34]

I've sent a copy to all of the reps (congressmen and senator) from NJ, and also Joe Biden, the Huffington Post, Cory Booker, and everyone on my FB friends list.

We should let the head of USCIS know about this letter as well:

Alejandro N. Mayorkas

Director

United States Citizenship and Immigration Services

20 Massachusetts Avenue NW

Washington, DC 20529

Alejandro.Mayorkas@uscis.dhs.gov

Great job guys great work so far in what 2 days? ive sent an email to both nevada senators...

I thought we were waiting for the right time to make a coordinated effort. Only then would the campaign begin. I thought we would wait until the timing is right. Have I missed the boat?

I'm planning on sending it off to Senators Mark Kirk and ####### Durbin, and also to my congresswoman, Tammy Duckworth. For good measure, I'll include the Chicago Tribune, Chicago Sun-Times, and Daily Herald.

Great job, everybody, and thank you. At first, I did think that we should wait and coordinate, but I just started mailing off mine, because I thought that the letter was ready. So please go ahead, and let's keep letting each other know where we are sending emails with the link.

To get more page views, I suggest that you link to it on FB or other social media sites, and encourage everyone to check it out.

[LoveMyTico 999]

Dear Friends,

I have been doing more research about the cause for the I-130 processing delay. I think this will inform many, and clarify the issue for many. I want to warn you that some of this information may produce explosive political opinions, and so, I want to encourage everyone to think coolly, and remember that our first priority is to our spouses who are abroad. Let's try to set aside the politics.

VJ data shows that the median number of days for an I-130 approval (NOA2) was consistently 90 days for filers in November, 2012 through February 2012. But about a little less than half of February filers did not get an adjudication after 100 days, which was unusual. Then March filers did not start receiving adjudications until very recently - 6-7 months later. Since March, adjudications have virtually stopped. Of course there have been exceptions, 'expedited' cases, etc, but those exceptions have been rare.

Some people have attributed the cause of our delay to DACA, but I do not believe that this is the cause. DACA is Deferred Action for Childhood Arrivals – Obama's order to Homeland Security to "exercise prosecutorial discretion" in deporting people who were brought here illegally as kids. It amounts to de facto amnesty for this class of illegally present persons. These people were allowed to start filing in August, 2012. Last year, one VJ member did find incontrovertible evidence – based on her expert statistical analysis of USCIS data – that DACA was affecting I-129 applications at the California Service Center, and she was an I-129 applicant for her fiancee to come to the US. In other words, she found proof that USCIS was re-allocating their labor away from I-129s to process DACA forms - I-821D, I-765, I-765WS.

But DACA could not be the cause of the I-130 delay, because I-130 processing continued through the end of 2012 and the beginning of 2013 at a good pace, averaging 90 days.

Some people have also wondered about same-sex married couples, who have been eligible to file since DOMA was struck down, and USCIS came up with new regulations in June-July. I have seen remarkably fast I-130 approvals reported on these message boards from people who are same-sex binational, but it is doubtful that these numbers can account for the slowdown.

The real cause of the delay is a new "provisional waiver" program. The Obama administration announced the program in January, 2013.

This program targets immediate family members of US citizens, who are here illegally. Once they obtain the waiver they are eligible for legal residency. The waiver is not new, but Obama's program is.

The program provides broader ground for receiving a waiver, in effect, making a larger number of people eligible for legal residency. This has opened the floodgates to I-130 applications from illegal aliens who are immediate relatives of US citizens. This is defacto amnesty for illegally present family members of US citizens, and this has affected I-130 processing.

To apply for a waiver, applicants use forms I–160 or I–160a (the latter is new with the Obama program). At the same time, or earlier, they can file an I-130. Applicants were allowed to start filing for waivers in March, exactly when I-130 approvals slowed drastically, and the number of applications rose significantly.

It appears that, in response to the anticipated waiver program, the USCIS changed their organization. This is the reason for the new Overland Park facility.

I do not believe that Immediate Family I-130 petitions from these "provisional waiver" recipients are treated any differently than Immediate Family I-130 petitions from anyone else. So, we are all lumped together. What may be unfair, however, is that these "provisional waiver" recipients are probably almost all already in the US with their immediate family - their spouses - while many of us have spouses who are waiting abroad. In other words, those of us who followed the law and are separated wait in the same line with those of us who were here illegally and are together.

However unfair this may be, the law says that the immediate relatives of US citizens should receive first priority, and that covers both people who followed the law and people who did not, once those here illegally have been granted "provisional waivers". So, the Obama administration can argue that they are following the law, if people object and raise a fuss. They might not like the pressure, though, if this matter were raised by the Obama administration's political opposition, and they might be pressured to find a solution for people who followed the law.

It is doubtful to me, that AILA or immigration attorneys like Laurel Scott will be interested in segregating the waiting-line, giving preference to those who followed the law. They want the government to give legal residency for all - those here already illegally and spouse of USC's living abroad. We cannot expect them to play favorites and they won't. Laurel Scott specializes in helping illegals get these waivers, and if you read AILA's policy memos, you will see what I mean.

My spouse like many of yours, is waiting abroad for the green card. I believe that we can count on the support of AILA and others, to get our spouses here expeditiously, as long as we are not asking them to turn against the illegals. So, I believe that we can count on them to pressure the government to build up their capacity for processing I-130s and for expediting K-3s. I believe that the K-3s are our ticket, but current USCIS policy on the K3 must change.

I think that they, and USCIS, for that matter, will be receptive to the argument, that we should not be punished for following the law. And in granting waivers to immediate family members of aliens who are already here illegally, this is not equitably treating us. For equity's sake, they should dust off their K3 policy and process I-129s for married spouses faster and grant the K3s faster.

That, I believe is what we should aim for. We are not going to get our spouses here any faster by arguing with the Obama administration over their policy, although it might be marginally helpful to tell our story to the political opposition. But it does seem reasonable, that they will accept the view, that they can and should speed up K3s for spouses of USCs who are abroad, especially when their wait time has been elongated by the special grant of this privilege to others.

Love this and I agree....

I have many comments but I will probably get kicked off VJ....

[Blueberry Pancake 311]

Alaskafan, again- great work. very impressive.

However, I disagree about DACA not being a cause of this I-130 backlog.

Although DACA cases are not adjudicated at NBC, they are first routed there. Then they are routed to the service centers.

As we know, the service centers process petitions in a timely manner (I-129f, I-130/F2A and a few cases of stand alone I-130s).

The service centers used to process I-130s, until August 15, 2012 when I-130s started being transferred to local offices and when DACA program began (the same day, August 15).

My point is that it seems that DACA cases were given a higher priority. The centers adjudicating them are efficient, while NBC and local offices where our files went to- are not.

Ergo- I-130 filers were indirectly hurt.

http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/DACA/daca-13-9-13.pdf

Now, about Provisional Waivers. That of course has also added to the I-130 backlog. I-601A are adjudicated at NBC. The official data have not been released to public, but I found this:

https://cliniclegal.org/news/update-nbc-provisional-waivers

Statistics

The NBC has provided the following numbers based on I-601A applications received or adjudicated from March 4 – September 14, 2013:

23, 949 applications sent to Lockbox

17,996 applications accepted by Lockbox

5,953 application rejected by the Lockbox

The NBC has issued the following decisions:

3,497 approvals (59%)

2,292 denials (39%)

103 admin closures (application returned for various reasons, e.g., filed I-601 instead of I-601A) (2%)

At present, the average time between receipt of an application at the Lockbox and decision issuance is 103 days. The goal is to reduce the adjudication time to 90 days. The NBC adjudicators were working at that pace initially until the “reason to believe” denials became a controversial issue.

Again, seems like I-601As, among all other petitions and applications, have higher priority than I-130s.

I agree that we shouldn't fight against DACA or Provisional Waivers. This won't work and is not our point anyways.

We should fight for our petitions to be treated equally to all others.

Edited October 17, 2013 by Blueberry Pancake

[deleteme 34]

Love this and I agree....

I have many comments but I will probably get kicked off VJ....

I understand, Tico, and share many of the feelings that you are suppressing right now. Thank you for keeping them down. I encourage you to stay focused. There is a lot of constructive work that we can do, like emailing a cover letter with the link to our letter, to the press, to politicians, to everybody. We need to drive eyeballs to that letter.

It should be revised a little, soon, so that it incorporates the latest information, a bit more, and urges a faster K3 process for spouses abroad. In the meantime, let's keep on task and get the word out. Posting a link to FB with a blurb, inviting people to check it out, will also help.

Someone else on these boards is putting together a YouTube mash-up. Maybe you could consider participating with that.

[deleteme 34]

Alaskafan, again- great work. very impressive.

However, I disagree about DACA not being a cause of this I-130 backlog.

Although DACA cases are not adjudicated at NBC, they are first routed there. Then they are routed to the service centers.

As we know, the service centers process petitions in a timely manner (I-129f, I-130/F2A and a few cases of stand alone I-130s).

The service centers used to process I-130s, until August 15, 2012 when I-130s started being transferred to local offices and when DACA program began (the same day, August 15).

My point is that it seems that DACA cases were given a higher priority. The centers adjudicating them are efficient, while NBC and local offices where our files went to- are not.

Ergo- I-130 filers were indirectly hurt.

http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/DACA/daca-13-9-13.pdf

Now, about Provisional Waivers. That of course has also added to the I-130 backlog. I-601A are adjudicated at NBC. The official data have not been released to public, but I found this:

https://cliniclegal.org/news/update-nbc-provisional-waivers

Statistics

The NBC has provided the following numbers based on I-601A applications received or adjudicated from March 4 – September 14, 2013:

23, 949 applications sent to Lockbox

17,996 applications accepted by Lockbox

5,953 application rejected by the Lockbox

The NBC has issued the following decisions:

3,497 approvals (59%)

2,292 denials (39%)

103 admin closures (application returned for various reasons, e.g., filed I-601 instead of I-601A) (2%)

At present, the average time between receipt of an application at the Lockbox and decision issuance is 103 days. The goal is to reduce the adjudication time to 90 days. The NBC adjudicators were working at that pace initially until the “reason to believe” denials became a controversial issue.

Again, seems like I-601As, among all other petitions and applications, have higher priority than I-130s.

I agree that we shouldn't fight against DACA or Provisional Waivers. This won't work and is not our point anyways.

We should fight for our petitions to be treated equally to all others.

Well, it might be the case that DACA affected I-130s, but DACA started last year, and I-130 processing was still strong into this year, so if it did affect I-130 processing the effect did not bother our constituency.

Your Provisional Waiver numbers are interesting. Good job finding them, thank you.

If they have only sent out 17,996 I-601A to NBC for adjudication, between March and half of Sept, this is a little below 3,000 per month, which doesn't seem like a lot. But before the visa waiver program started in March, about 38,000 I-130s were received each month. Starting in March, the number was 59,000 and gradually tapered down to 46,000 in June, the last month that they have reported.

These waiver applications have affected I-130s because, for every I-601A that is filed, waiver applicants also file an I-130. They don't have to wait for the waiver before they file I-130. So, altogether the waiver program has really accounted for a big extra load.

Again, I think that it is reasonable to say, that if the administration is going to let people stay who came without legal permission, and then offer them legal residency after the fact, the least that they could do is let us, who followed the law, bring in our spouses on the K3 visa, so that we don't have to pay the price for people already here illegally, gain legal residency. That seems fair to me, and not politically controversial.

[Blueberry Pancake 311]

Well, it might be the case that DACA affected I-130s, but DACA started last year, and I-130 processing was still strong into this year, so if it did affect I-130 processing the effect did not bother our constituency.

Your Provisional Waiver numbers are interesting. Good job finding them, thank you.

If they have only sent out 17,996 I-601A to NBC for adjudication, between March and half of Sept, this is a little below 3,000 per month, which doesn't seem like a lot. But before the visa waiver program started in March, about 38,000 I-130s were received each month. Starting in March, the number was 59,000 and gradually tapered down to 46,000 in June, the last month that they have reported.

These waiver applications have affected I-130s because, for every I-601A that is filed, waiver applicants also file an I-130. They don't have to wait for the waiver before they file I-130. So, altogether the waiver program has really accounted for a big extra load.

Again, I think that it is reasonable to say, that if the administration is going to let people stay who came without legal permission, and then offer them legal residency after the fact, the least that they could do is let us, who followed the law, bring in our spouses on the K3 visa, so that we don't have to pay the price for people already here illegally, gain legal residency. That seems fair to me, and not politically controversial.

Now, we need volunteers for the YouTube video!

[Kaylara 814]

My kids and I will volunteer for the video.

[Kaylara 814]

Btw, I have no problem with the people who are finally having a way to get legal status here. I really don't. But they're already here, and with their families. We're separated from our families. Yes, I do think that we should be first in line, ahead of them, because we went a legal route to get here. We shouldn't be penalized for it.

[lucybelle 453]

I'll participate on the youtube video as well. Just let me know what to read and who to send it to.

Also, alaskafan- thanks so much for all your research! It's great to be so informed.

[deleteme 34]

I have a draft, but it kind of sucks. I need to put more thought into it. I am willing to share the gist of it:

1. It starts out with a single speaker briefly explaining our important message.

2. In the second section, the mashup begins: various speakers will very briefly explain their situation: I am a wife, husband, child, children. We are a family.

These snippets would be assembled in a way to attach faces to our cause.

3. In the third section, it transitions back to a single speaker who explains in very simple terms what USCIS has done to us.

4. In the fourth section, a speaker explains that even the K-3 visa, which was meant to reunite families quickly, is no longer of any use.

5. In section 5, another mashup, we explain what we're asking for - to be reunited with our families in timely manner.

6. In section 6 a single speaker explain that we chose the legal route, and we're being punished by long waiting times.

7. Finally we tell the viewer how to help: just click the link to view our committee page to increase the hits! If they want to take on a more active role, then great! We may attract other petitioners who have never heard of VJ, and didn't realize that such a community exists.

I think it would be best to keep it under three minutes, or maybe even two. Any longer than that, and the audience will likely find something else more entertaining.

Still looking for the right background music. Please share your ideas, but of course we don't want to violate DMCA.

En-oh,

Another idea: how about we all send you videos of us reading the whole letter? Then maybe you and your helpers can mash it up, taking pieces from each of us? The final product could also be posted on the blog, I think, above the letter.... And folks could link to it.

I'm happy to work with you on this further.

--alaskafan

[LoveMyTico 999]

Just now... APRIL 1 approval.. no info just the approval I asked them to fill in their timeline.... So happy to see 2 April approvals today