New I-130 Data and the Next Letter Campaign

[thedude6752000 360]

Tomorrow is the 15th, so you know what that means! New I1-30 data should be posted before Friday.

at

As usualy, I think we can expect a big disappointment from the USCIS. I think we should start on a letter now.

Things to emphasize:

1. May is fast approaching and if they keep moving the processing date 1 day at a time it will take them about 10 years to get to that vaunted 5-month processing window.

2. Public attention is mounting. There's some news over in the progress report forums, you can look for it there. We shouldn't say too much but we should indicate that we have been in touch with "media figures" for many months and some are starting to take notice.

3. I was checking out the USCIS outreach page. We ought to remind them that though it's wonderful that they're having teleconferences on such intellectually stimulating topics as

"O and P Nonimmigrant Visa Classifications: Performing Arts and Entertainment

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a teleconference on Wednesday, January 15, 2014, at 1:30 p.m. to 3:00 p.m. (Eastern) to provide feed..."

there are millions of US citizen relatives, torn apart from their families, and they ought to hold a teleconference (in ENGLISH) to discuss the concerns of all their US citizen relatives, for whom the USCIS supposedly exists to serve.

Also I was checking out their Feedback Opportunities page:

http://www.uscis.gov/outreach/feedback-opportunities

While I think a lot of it is just blowing smoke up our proverbial @$$es, it does present a lot of targets from whom we could try to induce a response.

Also of note is the USCIS ideas page, where I have been posting.

http://uscisconnect.ideascale.com/

I think we ought to post our letter here and try to vote it to the top, or else spam everyone off the page.

Thoughts?

[purpleblush 16]

sorry but I really want to ask this. what do u mean by I-130 data? like new I-130 form? cause we are planning to file our I-130 next month.

[Kaylara 814]

The new processing date, as well as the national and Service center specific processing data for the month of November. (Volumes and trends)

The images I've included here are examples and show you what the information looks like.

This information can be accessed through the dashboard:

http://dashboard.uscis.gov/

If you scroll to the bottom of the screen on this page you can get the average processing times:

https://egov.uscis.gov/cris/Dashboard/ProcTimes.do

And you can check processing times here:

https://egov.uscis.gov/cris/processTimesDisplayInit.do

[Kaylara 814]

Tomorrow is the 15th, so you know what that means! New I1-30 data should be posted before Friday.

at

As usualy, I think we can expect a big disappointment from the USCIS. I think we should start on a letter now.

Things to emphasize:

1. May is fast approaching and if they keep moving the processing date 1 day at a time it will take them about 10 years to get to that vaunted 5-month processing window.

2. Public attention is mounting. There's some news over in the progress report forums, you can look for it there. We shouldn't say too much but we should indicate that we have been in touch with "media figures" for many months and some are starting to take notice.

3. I was checking out the USCIS outreach page. We ought to remind them that though it's wonderful that they're having teleconferences on such intellectually stimulating topics as

"O and P Nonimmigrant Visa Classifications: Performing Arts and Entertainment

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a teleconference on Wednesday, January 15, 2014, at 1:30 p.m. to 3:00 p.m. (Eastern) to provide feed..."

there are millions of US citizen relatives, torn apart from their families, and they ought to hold a teleconference (in ENGLISH) to discuss the concerns of all their US citizen relatives, for whom the USCIS supposedly exists to serve.

Also I was checking out their Feedback Opportunities page:

http://www.uscis.gov/outreach/feedback-opportunities

While I think a lot of it is just blowing smoke up our proverbial @$$es, it does present a lot of targets from whom we could try to induce a response.

Also of note is the USCIS ideas page, where I have been posting.

http://uscisconnect.ideascale.com/

I think we ought to post our letter here and try to vote it to the top, or else spam everyone off the page.

Thoughts?

I think that will be a good way to get us kicked off the page. There are others who have tried that tactic for other subjects, and as far as I can tell, a moderator removed both the posts and the poster from the site. Perhaps it would be a good idea to wait until they have an appropriate topic and then post and upvote it.

Obviously you're aware of what's going on with me, Dude. (I keep wanting to call you Mick Foley, btw. LOL) I do hope that it results in the kind of attention that we want. And I do hope that I do the subject justice.

I think that our best bet is to wait for the numbers to come out, and write our response accordingly. And I think that we need to seriously write everyone we can possibly think of, go all out on social media, traditional media, etc, and really drive home the point that we're NOT going away, and they can't ignore us until we shut up. I don't honestly think they should be behaving this way towards *any* immigrant class.

I also think that we need to strongly consider attempting to write and gaining support for a legislative remedy to our problems. It is obvious that the USCIS has problems, and if they are unwilling or unable to solve them, then it may be time to try to force them to fix them. However, I believe this would be a huge undertaking that would require some advice from legal professionals, and researching/proof of a consistent problem. We would need to be clear and concise as to what our expectations are with this, and provide a real and workable solution that does not provide loopholes for them to slip through. Because we all know that if there is a loophole, they will exploit it to their advantage and our detriment.

[bdrew612 1,071]

Does anyone know if it's been announced when President Obama is going to announce his nomination for the new Director of USCIS? I doubt the lack of Director at the moment has any direct bearing on the amount of I-130s they're NOT processing (although, let's be real, it's the perfect excuse).

I've read reports that Leon Rodriguez is the favorite, but I doubt there's anything productive that will come of contacting him at this point - unless there's a way to get him publicly on board? I know I'm really stretching, but I miss my husband and I'm desperate!

I don't have much to chip in to this conversation in terms of content of the next letter, and the letters we've sent out thus far have been great - I particularly like the tone and language used. We mean business. Maybe with this letter, we should all also reach out to our local Congressperson/Senator? For those of us who live in districts with politicians who are sound-bite divas, we can invite them to make noise and get some airtime

[Salo&Romashka 83]

Congress has written into law twice the need for INS/USCIS to report to them. The first can be found here:

8 U.S.C.
United States Code, 2010 Edition
Title 8 - ALIENS AND NATIONALITY
CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS
From the U.S. Government Printing Office, www.gpo.gov SUBCHAPTER II—IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS §1571. Purposes (a) Purposes

The purposes of this subchapter are to—

(1) provide the Immigration and Naturalization Service with the mechanisms it needs to eliminate the current backlog in the processing of immigration benefit applications within 1 year after October 17, 2000, and to maintain the elimination of the backlog in future years; and

(2) provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications.

(b) Policy

It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 1184© of this title should be processed not later than 30 days after the filing of the petition.

also

§1574. Reports to Congress (a) Backlog elimination plan (1) Report required

Not later than 90 days after October 17, 2000, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning—

(A) the backlogs in immigration benefit applications in existence as of October 17, 2000; and

(B) the Attorney General's plan for eliminating such backlogs.

(2) Report elements

The report shall include—

(A) an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including—

(i) a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this subchapter; and

(ii) a plan for implementing improvements to existing data systems to accomplish the purpose of this subchapter, as described in section 1571(a) of this title;

(B) a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications;

© the elements specified in subsection (b)(2) of this section;

(D) an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2) of this section; and

(E) a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this subchapter.

(b) Annual reports (1) In general

Beginning 90 days after the end of the first fiscal year for which any appropriation authorized by section 1573(b) of this title is made, and 90 days after the end of each fiscal year thereafter, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning the status of—

(A) the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and

(B) the Attorney General's efforts to eliminate backlogs in any immigration benefit application described in paragraph (2).

(2) Report elements

The report shall include—

(A) State-by-State data on—

(i) the number of naturalization cases adjudicated in each quarter of each fiscal year;

(ii) the average processing time for naturalization applications;

(iii) the number of naturalization applications pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more;

(iv) estimated processing times adjudicating newly submitted naturalization applications;

(v) an analysis of the appropriate processing times for naturalization applications; and

(vi) the additional resources and process changes needed to eliminate the backlog for naturalization adjudications;

(B) the status of applications or, where applicable, petitions described in subparagraph ©, by Immigration and Naturalization Service district, including—

(i) the number of cases adjudicated in each quarter of each fiscal year;

(ii) the average processing time for such applications or petitions;

(iii) the number of applications or petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more;

(iv) the estimated processing times adjudicating newly submitted applications or petitions;

(v) an analysis of the appropriate processing times for applications or petitions; and

(vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications; and

© a status report on—

(i) applications for adjustments of status to that of an alien lawfully admitted for permanent residence;

(ii) petitions for nonimmigrant visas under section 1184 of this title;

(iii) petitions filed under section 1154 of this title to classify aliens as immediate relatives or preference immigrants under section 1153 of this title;

(iv) applications for asylum under section 1158 of this title;

(v) registrations for Temporary Protected Status under section 1254a of this title; and

(vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications.

(3) Absence of appropriated funds

In the event that no funds are appropriated subject to section 1573(b) of this title in the fiscal year in which this Act is enacted, the Attorney General shall submit a report to Congress not later than 90 days after the end of such fiscal year, and each fiscal year thereafter, containing the elements described in paragraph (2).

(Pub. L. 106–313, title II, §205, Oct. 17, 2000, 114 Stat. 1263.)

http://www.gpo.gov/fdsys/pkg/USCODE-2010-title8/html/USCODE-2010-title8-chap13-subchapII.htm

Again it was required when INS became USCIS and part of DHS

116 STAT. 2212 PUBLIC LAW 107-296—NOV. 25, 2002 SEC. 478. IMMIGRATION FUNCTIONS. 6 USC 298.
(a) ANNUAL REPORT.—
(1) IN GENERAL.—One year after the date of the enactment of this Act, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs
of the Senate, on the impact the transfers made by this subtitle has had on immigration functions.
(2) MATTER INCLUDED.—The report shall address the following with respect to the period covered by the report:
(A) The aggregate number of all immigration applications and petitions received, and processed, by the Department.
(B) Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied,
disaggregated by category of denial and application or petition type.
© The quantity of backlogged immigration applications and petitions that have been processed, the aggregate ' number awaiting processing, and a detailed plan for eliminating the backlog.
(D) The average processing period for immigration applications and petitions, disaggregated by application or petition type.
(E) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.
Plans to address grievances and improve immigration services.
(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.

(H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.
(b) SENSE OF CONGRESS REGARDING IMMIGRATION SERVICES.—
It is the sense of Congress that—
(1) the quality and efficiency of immigration services rendered by the Federal Government should be improved after the transfers made by this subtitle take effect; and
(2) the Secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are addressed after such effective date.

http://www.gpo.gov/fdsys/pkg/STATUTE-116/pdf/STATUTE-116-Pg2135.pdf

It is my understanding of the law that this information is to be made available to Congress and should be a part of the public record. The next letter should be targeted to the people most capable of finding the information and making it public. I suggest we write to both parties in House Subcommittee on Immigration and Border Security. Any law that is passed in the future will originate from these policymakers.

Committee Membership

Majority Members (Republicans) Member Name DC Phone DC FAX Contact Form Trey Gowdy (R-SC) [Chairman] 202-225-6030 202-226-1177 http://gowdy.house.gov/contact/ Ted Poe (R-TX) 202-225-6565 202-225-5547 https://forms.house.gov/poe/webforms/zipauthen_contac … Lamar Smith (R-TX) 202-225-4236 202-225-8628 http://lamarsmith.house.gov/contact/email-lamar Steve King (R-IA) 202-225-4426 202-225-3193 http://steveking.house.gov/contact Jim Jordan (R-OH) 202-225-2676 202-226-0577 http://jordan.house.gov/contact/ Raul Labrador (R-ID) 202-225-6611 202-225-3029 https://labradorforms.house.gov/index.cfm?sectionid=5 … George Holding (R-NC) 202-225-3032 202-225-0181 https://holding.house.gov/contact/email-me Jason T. Smith (R-MO) 202-225-4404 202-226-0326 https://jasonsmith.house.gov/contact/email-me Minority Members (Democrats) Member Name DC Phone DC FAX Contact Form Zoe Lofgren (D-CA) [Ranking Member] 202-225-3072 202-225-3336 https://lofgren.house.gov/contact-congresswoman-lofgren Sheila Jackson Lee (D-TX) 202-225-3816 202-225-3317 https://jacksonlee.house.gov/contact/email-me Luis V. Gutierrez (D-IL) 202-225-8203 202-225-7810 http://gutierrezforms.house.gov/contact/ Joe Garcia (D-FL) 202-225-2778 202-226-0346 http://garciaforms.house.gov/email-me/ Pedro Pierluisi (D-PR) 202-225-2615 202-225-2154 https://pierluisi.house.gov/contact/email-me

The letter should be short and to the point requesting committee oversight of USCIS since data is no longer being posted online. We are stakeholders in the process and have a right to see what they see when they make decisions about our families' futures.

[thedude6752000 360]

It's the 17th already, and Monday is MLK day so I am sure the lazy b@stards have the day off. Are they really going to push November's data our past the 20th?????????????????????

[Salo&Romashka 83]

I am writing you to request Congress make public the most current processing perfomance data for I-130 Immediate Relative petitions and all information related to the backlog of I-130 Immediate Relative petitions pending at U.S. Citizenship and Immigration Services (USCIS).

The legal requirement for Congressional oversight of USCIS operations is well founded:

In Title 8 of the U.S. Code of Regulations Congress saw it necessary to "provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications." 8 U.S.C §1571 (2)

In the Homeland Security Act of 2002 Congress restated the need "[o]ne year after the date of the enactment of this Act, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this subtitle has had on immigration functions. 116 STAT. 2212 PUBLIC LAW 107-296—NOV. 25, 2002 SEC. 478

As a legal I-130 petitioner and a stakeholder in decisions made both USCIS and Congress, I formally request Congress to provide me and to make publicly available:

(A) The aggregate number of all I-130 Immediate Relative petitions received, and processed, by the Department.
(B) Region-by-region statistics on the aggregate number of I-130 petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type.
© The quantity of backlogged I-130 Immediate Relative petitions that have been processed, the aggregate ' number awaiting processing, and a detailed plan for eliminating the backlog.
(D) The average processing period for I-130 Immediate Relative petitions, disaggregated by application or petition type.
(E) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.
Plans to address grievances and improve immigration services.
(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.

(H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.

(I) the number of I-130 Petitions adjudicated in each quarter of each fiscal year;

(i) the average processing time for such Immediate Relative petitions

(ii) the number of I-130 Immediate Relative petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more

(J) the estimated processing times adjudicating newly submitted I-130 petitions

(K) an analysis of the appropriate processing times for I-130 Immediate Relative petitions.

a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications of I-130 Immediate Relative Petitons.

Thank you very much for your prompt attention to this matter.

Respectfully,

[Kaylara 814]

This is a great letter. I think we should send it out to our congress people. I'll be faxing it over to his offices later today.

[thedude6752000 360]

Wait, let's wait till they release the data and then do it all together.

[Salo&Romashka 83]

This letter could be put up on google docs while we wait and edited to fit one page. I think this needs to be sent to four numbers/ emails. Majority and Minority leaders in the House and Senate Committee. I also think we should add something requesting bipartisan effort in this request.

House

Trey Gowdy (R-SC) [Chairman] 202-225-6030 202-226-1177 http://gowdy.house.gov/contact/

Zoe Lofgren (D-CA) [Ranking Member] 202-225-3072 202-225-3336 https://lofgren.hous...sswoman-lofgren

Senate

Chuck Schumer, New York (Chairman)

John Cornyn, Texas (Ranking Member)

I would also suggest if you have a Congressman or Senator representing your state or district on this committee that you make the extra effort to contact them as well.

[thedude6752000 360]

I think we should be hitting the media hard. NYT took interest, so it's not impossible to get their attention. One that I think will be interested is Aljazeera America:

america@aljazeera.net.

ajam.press@aljazeera.net

[Salo&Romashka 83]

In this letter we are looking for the attention of Congress. If the backlog ever goes up for discussion in committee, we'll know about it and so will the media then. Hopefully we see real progress from USCIS through their own data soon before Congress has to call them out for lack of it when they have to ask for it.

[bdrew612 1,071]

I think with media pressure, it will help get the attention of Congress. I think this letter should be sent to legislators and the media. The more the merrier!

[Salo&Romashka 83]

This may be just throwing ideas around but I think we would get a lot of attention if we created an infographic of relevant data instead of these letters the next time around. If done right, it could get our complaint across in a succinct way. The State Department issued Immediate Relative Visa Statistics for 2004-2013.

http://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2013AnnualReport/FY13AnnualReport-TableXII.pdf

Visas issued in comparison:

Fiscal year 2012 - 235,616

Fiscal year 2013 - 205,435