USC Green Card Petitioner's Committee--Organization and Agenda Moving Forward

[angeldaemon13 42]

Added something extra:

While they wait, their spouse and/or child/children are under intense scrutiny to enter the U.S., even for a brief visit. In order to obtain a Non-immigrant Visa, you must demonstrate you have no intent to live in the US but if you present your NOA1, it shows you have the intent to immigrate which makes it tougher to have a visit. If the NOA1 is presented as proof to demonstrate it is being done properly, why would these families circumvent the system just to “Adjust Status” within the US? This demonstrates a circular argument. Most do it the legal way because CR-1/IR-1 is cheaper than the K3 route, (even it was possible). It is recommended to finish the process in its entirety in your country of origin.

Persons already in the States can become engaged to a US citizen and are allowed file to Adjust Status and they can stay in the country. The relationship is not bona fide nor established. Yet, families have the burden to demonstrate the intent is not to move while completing the process.

In a nutshell, once the petition is filed, our foreign spouses are often advised by legal counsel against visiting the US while the petition is being processed. Even after we start the process to immigrate our family member legally, we are still subject to intense scrutiny and possible rejection to visit family members in the United States.

[bdrew612 1,071]

I've seen on this site that the NOA1 can be used as proof of leaving the US (as the embassy where the spouse will get their visa is on the NOA1). I think we should state that it is incredibly difficult to obtain a visitor's visa (to differentiate from people who live in VWP countries). I think if we specify that it is difficult to obtain the visitor's visa, that will get the point across that our spouses go through intense scrutiny?

Also, K-1 petitioners do have to prove a bona fide relationship before they get their visa, and I don't think it would be in our best interests pit ourselves against K-1 filers. I DO however, think we should highlight the fact that K-1 filers are geting approved at an accelerated rate compared to spousal visas.

Given that there is going to be several letters sent out, I think it would be a good idea to seperate the issues?

[David & Diana R 1,005]

My prediction? Congress will offer amnesty to millions of illegals already here. There will be no stopping this. It's simply politics. Imagine how many Latino's the crooked bastards, I mean politicians will get to vote for them... Both CNN and FOX say in the numbers are in the millions! I hate to be a doom and gloomer but it ain't gonna change.

Please don't misunderstand me as I agree with you wholeheartedly. You are correct. The legitimate Americans are getting the shaft. People like us who do everything legal are going to be pushed to the back of the line. Even if one argues that the oder of the line will not change will have to admit that if millions of applications are suddenly submitted there will be a slowdown of fantastic proportion for all Americans applying during and after the amnesty deal goes through.

God Bless

[thedude6752000 360]

Let's not get derailed guys. I see some great ideas here, but moving forward we need members to step up and take positions on responsibility and leadership. Angel, looks like you've got a flair for the written word, would you like to head up the letter writing section?

Edited January 28, 2014 by thedude6752000

[Hotter Otter 1,211]

Glad that you are doing better Dude!

I see some great ideas/wording in here, am happy to get involved with emailing, posting on social networks etc :-)

[angeldaemon13 42]

Sure Dude! I am not good at numbers and stats though. Willing to do this with extra help when needed!

[moushoud 10]

So, now that I am back in a healthy mental state I and the numbers for this month are good and out (boo!) I feel the need to get the ball rolling so to speak.

Long story short, we're losing. Despite their promises the USCIS is not significantly increasing their approval rate, certainly not enough to get the wait time to 5 months by May. Currently they're in March of last year and at the end of this week it's going to be February. The USCIS will have to move their processing date up by 9 months by the middle of May to meet their goal. At the rate their going, it's not going to happen any time soon. In the meantime the Congress is soon going to start discussing a general amnesty for illegal immigrants, which if passed would be absolutely disastrous for the legal immigrant community, judging by the effects of the DACA and Provisional Waiver programs. If an amnesty is passed without provisions to reduce USC I-130 wait times those of us currently waiting from late last year and new USC I-130 filers could be facing wait times of more than 1 year just for an I-130. This cannot be allowed to happen.

They need to feel the heat. We need to remind them we are here, and we won't be ignored.

This was a good example of the actions we need to take:

http://uscisconnect.ideascale.com/

After removing my letter three times, eventually USC I-130 petitions, their spouses and supported voted the letter to the #2 place on the site (we were only 1 vote away from #1) and downvoted all of the other "ideas" in their "conversation" to oblivion. In response to this, the USCIS was forced to end their "discussion." The people in charge of this surely took note.

We need more actions like this, more civil disobediance. The USCIS hosts nation-wide teleconferences on obscure issues like O visas for artists and the usage of the Creole language for USCIS services, subjects that address a rather small minority of the USCIS's "customers." While I myself believe that art and language are important and don't have any objection to addressing them by the USCIS ipso facto, I DO take umbrage to them holding so many events on obscure issues like this when there are HUNDREDS of THOUSANDS of US citizens waiting to see their loved ones again or exiled from their native land, and the USCIS refuses to hold a teleconference for us or to even address us with anything but lies.

In Occupied Territories of Palestine, the IDF engages in a number of practices which it calls (forgive me if I err as my Hebrew is really rusty) "lehargish etzmukha" or "making yourself (your presence) felt." Soldiers are sent out to map and take pictures of areas that have been mapped many times before, the IDF breaks into houses in the middle of the night, blindfolds and shackles the men, and rides them around the village in circles before releasing them, IDF soldiers go on midnight patrols through villages and throw glow sticks through the windows of Palestinian houses. What does throwing a glow stick into someone's house do to them? When the Palestinians wake up in the morning, the know the IDF has been there, they remember that they are a conquered, occupied people. As much as I oppose this terrorism against the Palestinians, it has been extremely effective: despite the continued building of settlements and the tightening of marshal law there's been no significant acts of armed resistance in the West Bank for more than 5 years. Why? Because the Palestinians know that the IDF is there 24/7, and this keeps them cowed and afraid, "on their best behavior."

I feel saddened that I am calling for such a strategy against my own government, but they way things are going I feel it is necessary. The USCIS needs to "feel our presence." Everytime they hold one of these events we need to call in and let the USCIS know that we, too, are waiting for our teleconference. Everytime they open up an idea on their website we need to flood it about the I-130 issue. I no longer think that monthly letters are enough. We need to send them letters on a weekly basis, and then if that doesn't work it needs to be daily. We need to increase our media outreach, starting with the local papers first. We need to release our long-talked about video campaign. We need to make them hear us, we need to make sure that this time the House does not forget about us in the immigration bill.

I think we have reached a point where just posting a thread is not enough. We need to be a real committee, and we need members to take responsibility for certain projects.

I would suggest that the positions should be a general chariman/woman, a video campaign coordinator, a letter campaign coordinator, a media specialist/liason, and someone in charge of making our presence felt at the USCIS outreach events. And we need people who are comitted to solving this problem once and for all--after you're in you're in, even if your I-130 gets approved. Even if we get out of this, we need to remember those who will come after us.

Thank you and God bless.

I'm lo sing it here with this ### process. 11 months already without NOA2. YES WE CAN Lest's send the letter to Mr. President.

News media, I cant believe it that nobody is talking about our sufferings

I just send two emails to abc7 and fox

I don't know what to do anymore.

[Virtuous45 31]

I must say that I am heartened by the efforts of TheDude and others, to get the plight of CR-1/I-130 applicants addressed by those with the power to do so. I'm not in a position to do much since we have not yet sent in our application, and also the fact that I'm the beneficiary. I do however stand to support in any way I can, from where I can, in order to see the system changed to not only benefit those already in the pool now, but for those who will come in the future. I like the suggestions put made.

As it relates to supporting the cause, I'm not sure how it would work, but one suggestion is that if there are moderators for each Portal, these persons could spearhead the members from the respective countries, who would write letters/ petitions etc. to the local US Embassies in collaboration with any action that is being undertaken by the wider VJ community at any particular time. Just a suggestion, but I think it could work if organized properly.

The journey of 1,000 miles begin with the first step - and then step after step, it will be completed. Change doesn't come by sitting down and doing nothing (I commend you TheDude). No point in cursing the dark when you can get up and go light a candle.

[angeldaemon13 42]

Well said.

[Hotter Otter 1,211]

There are a number of current CR1/IR1 filers who spend a lot of time working on data and spreadsheets, responding to the queries of others who aren't as experienced and working on campaigning to speed the process up.

Thanks guys, you are awesome and very much appreciated:)

[angeldaemon13 42]

Ok...revised letter:

“If an amnesty is passed without provisions to reduce USC I-130 wait times those of us currently waiting from late last year (2013) and new USC I-130 filers could be facing wait times of more

than 1 year just for an I-130. This cannot be allowed to happen.”

-visajourney member

US Citizen and Family Unity From Abroad

Many United States Citizens are currently living in the United States, separated from their families. Whether they had been abroad for travel, work or relationship.

These citizens is someone's husband or wife, separated from their spouse and young child/children. Some returned to the United States to establish domicile, some returned to provide for their family abroad, some are living abroad, and filed a petition for Alien Relative. They are waiting for their I-130 petitions to be approved.

The current waiting time as indicated on USCIS website is currently 8.9 months....

JUST FOR THE PETITION

While they wait, their spouse and/or child/children are under intense scrutiny to enter the U.S., even for a brief visit. In the end, it is up to Border Control to allow you in. Doing so, one must provide ties to said country of origin. If it is brought up at the Point of Entry that one is in the process of immigrating, you must still prove the intent is not to live in the United States.

Persons already in the States can become engaged to a US citizen and are allowed file to Adjust Status and they can stay in the country. The relationship is not bona fide nor established. Yet, families have the burden to demonstrate the intent is not to move while completing the process.

In a nutshell, once the petition is filed, our foreign spouses are often advised by legal counsel against visiting the US while the petition is being processed. Even after we start the process to immigrate our family member legally, we are still subject to intense scrutiny and possible rejection to visit family members in the United States.

A K-3 spouse visa was originally introduced to allow the foreign spouse of the U.S. citizen to enter the United States on a temporary visa while awaiting processing of the I-130 immediate relative petition to backlogs that would cause you to wait years. Children of the foreign spouse were allowed to enter on K-4 dependent visas. This was to help reduce family separation time.

At the current time, only the I-130 immediate relative petition is being processed by the USCIS. If a spouse/Petitioner has filed for the K3, it is basically obsolete. Once K3 is processed, it is then married up with the i-130 with reduction of wait time but rather, increased wait time because of today's backlog.

Family members should qualify to immigrate to the US under a reasonable time frame.

They should not have to compete with other immigrants

who are coming to the US for employment; DREAMers or DACA's.

Current USCIS backlog:

USCIS were flooded with "Deferred Action for Childhood Arrivals (“DACA”)" petitions. This program was signed into law and on August 15, 2012 they started processing this paperwork which basically pushed I-130's to the sidelines.

Then March 2013, Provisional Unlawful Waivers were introduced. “certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad. “

This is only available to undocumented immigrants who can prove that their immediate family members would suffer "extreme hardship" in their absence, among other criteria. USCIS did not have an estimate for the number of people it expected to apply, but could impact as many as one million of the roughly 11 million undocumented immigrants in the U.S. http://fusion.net/justice/story/white-houses-change-immigration-process-families-15378

The change will cut down on the amount of time that some undocumented immigrants are separated from their immediate family members during the journey to legal status. So instead of spending months or even years abroad, a person may face as little as a few weeks outside of the U.S.

What about US Citizens and their Immediate Family?

For US Citizens and Spouses, there is no waiting list. Yet, the petition takes an absurd amount of time. For example, Nebraska Service Center, up to 8.5 months. If you are lucky, you have not received an infamous Request For Evidence (RFE) which could delay you longer. The petition is to check validity of your Bona fide relationship in which you have to prove this again at the interview stage. The petition also does a background check which is redundant because in the instructions, the beneficiary (spouse) must provide bio data from their passport.....from the country of origin in which they do a check before they issue your passport and later in the process must provide a police clearance at the the exit interview at your Embassy.

???

If you have your receipt number, you can go to the USCIS website and see processing times. USCIS average processing times vs Service Center your case may be sitting at and no matter what day you check it, still says last update as of October 31, 2013. Your case is in the midst of all other immigration cases.

Meanwhile,,,,Mom and Dad are chatting on Skype, missed another wedding Anniversary, dad missed his daughter's first tooth or James' first day of school, waiting to hear something, anything, when they possibly can go to the next stage so they can ALL be together.

US Immigration Reform 2014 should be to overhaul and prioritize legal Immigrants rather than fixing first the illegal immigrants

This is not the first time USCIS experienced a backlog of this magnitude. Due to September 11, 2001, many changes were made due to Homeland Security. It was a very tragic event, not just for the US but around the world. USCIS created the Backlog elimination Plann, updated June 2004. One of it's points in regards to the i-130.

Form I-130.

USCIS has formed an Action Team to streamline

the immigration process for eligible family members of United

States citizens and permanent residents. The long-standing

process first requires adjudication of a Petition for Alien

Relative (Form I-130) to determine if a relationship exists that

comports with the statute. Once that petition is approved, the

applicant either files for adjustment of status to permanent

resident in the United States or files for an immigrant visa

abroad at a United States Embassy or Consulate, where the relationship

issue is again adjudicated. USCIS is exploring ways

in which to eliminate the duplicative effort that the current

process mandates.

It is now 2014. there is yet another backlog. In this day of technology, this process should be more streamlined. It states it was exploring in 2004 how to eliminate the redundant steps in this process and 10 years later, USCIS and the I-130 is no further ahead. At whose expense.

Maybe eliminate the Petition, raise the fee for the actual Visa Application to help eliminate the backlog or reinstate the K3. Assess cases on 3 categories:Low, medium and high risk. Foreign spouses are known immigrants. Easy to track through US spouse whereas fiance's are unknown. We have to clear Police/Background 3 times in the process when we have been married and can prove bona fide relationships!

If you can travel to the United States under a Visa Waiver Program and stay for 6 months for a visit, or come from Canada as a Snowbird for 6-8 months and have no intent to move when you are allowed to have a rental home in the United States and a home in Canada but you can not adjust Status to be as a family because you can no longer apply for K3 visa due to USCIS backlog?

Immigration Reform wants to try to grant Amnesty to the millions of illegals.....this is only going to be a recurring program when the system is not overhauled because it doesn't promote those who are doing it legally and suffer for insane amounts of time while it seems others are rewarded and yet, Dad misses out on another family holiday, mom wanting to tuck her children at night or Susie waiting to go for ice cream with bother her parents.

Conclusion

As United States Citizens and their respective immediate family members, we are asking you to at least look into the backlog/delays for family unity. We are not every other immigrant and we should have a streamlined process different and simpler than policies used across the board, whether it be USCIS or National Visa Center.

We ask you to not overlook and allow our cases to collect dust. We ask our cases be adjudicated in a timely manner. We ask for transparency and consistency. We ask that we not be separated from our loved ones for such along period of time and make the process easier to bear.

[supinic 13]

Do you guys consider creating a petition on https://petitions.whitehouse.gov/ ? The White House will review it and respond to the petition after it gets 100,000 signatures. Do you think we can pull this off? Do we have enough signatures?

On a side note, sign this petition if you think Justin Bieber should be deported.

https://petitions.whitehouse.gov/petition/deport-justin-bieber-and-revoke-his-green-card/ST1yqHJL

Edited January 28, 2014 by supinic

[angeldaemon13 42]

I was wondering about that, but there are so many regarding i-130, i don't see it being effective.

[bck 15]

May be we should send a harshly worded letter about USCIS number fudging/lies and 130 delays with well supported data to all US District attorneys (93 of them , hopefully at least 1 would take interest to nag USCIS) ,US Government Accountability Office and Whitehouse Office of Management and Budget... Inquires from these offices cannot be taken lightly by USCIS..

[bdrew612 1,071]

There's a couple things; K-1 filers DO have to prove a bona fide relationship (I really think that statement should be removed altogether).

Also, this paragraph: If you have your receipt number, you can go to the USCIS website and see processing times. USCIS average processing times vs Service Center your case may be sitting at and no matter what day you check it, still says last update as of October 31, 2013. Your case is in the midst of all other immigration cases.

Are you referring to an individual case as an example? Or in general? If it's the latter, that paragraph is outdated as USCIS is technically updating their processing times every month (even though we all know the dates they provide are not accurate). We should all pat ourselves on the back, it's because of our uproar that they started putting in monthly updates for the I-130!