Proposed Fee Increase PLUS VALUABLE USCIS DATA

[rebeccajo 14]

Um yeah...there is. I read it in the super duper document. What you have written here is a theory. I'm ENTITLED to my petition being adjudicated within 6 months. I am NOT ENTITLED to it being adjudicated in 3 months.

Really?

Show me that, please.

In the CFR - which is codified immigration law.

Or show me the reference to the CFR in the 'super duper document'.

[TimsDaisy 0]

Um yeah...there is. I read it in the super duper document. What you have written here is a theory. I'm ENTITLED to my petition being adjudicated within 6 months. I am NOT ENTITLED to it being adjudicated in 3 months.

Not quite:

2. Presidential Mandate To Eliminate

the Backlog

In FY 2002, the President called for an

average processing time standard of six

months for the adjudication of most

immigration benefit applications and

petitions to eliminate the backlog of

pending applications and petitions at

USCIS within five years (end of FY

2006). USCIS received a total of $460

million in appropriated funds for this

effort. At the end of FY 2006, the

backlog was significantly reduced from

a high of 3.84 million cases in January

2004 to 9,482 cases. Additionally, a sixmonth

processing time standard was

achieved for fifteen out of sixteen

Backlog Elimination Plan applications.

In some instances, such as

naturalization applications, USCIS

decreased processing times to below the

six-month goal. Table 3 sets out the

processing times (in terms of months)

for each application and petition as of

September 30, 2006. This fee rule would

provide the necessary resources to

maintain these processing time

standards and fund further

improvements to USCIS business

operations to continue to reduce

processing times while ensuring the

appropriate level of security.

[empahsis added]

If this is the source of your belief that there is a "requirement" for a 6 month processing time, you're giving too much credit to the term "goal" and "mandate" as they are used in the section heading here. There's a goal, that was achieved through the appropriation of addtional funds above what USCIS is, by law, to receive for its operation.

I don't believe there is either a statutory or regulatory "requirement" as such to process all petitions within 6 months. You're right that they have show that they CAN do so, and do so in less than 6 months. From a public policy standpoint, it would be nearly impossible to require a specific timeline for this sort of government service - especially given USCIS's particular funding framework.

And I still can't figure out exactly what it is here you're fighting - or why.

Edited March 22, 2007 by TimsDaisy

[DA BOMB 1]

Um yeah...there is. I read it in the super duper document. What you have written here is a theory. I'm ENTITLED to my petition being adjudicated within 6 months. I am NOT ENTITLED to it being adjudicated in 3 months.

Really?

Show me that, please.

In the CFR - which is codified immigration law.

Or show me the reference to the CFR in the 'super duper document'.

That would be Chapter III. Section C.(2) of the Super Duper Document

[randolady 1]

Well now I'm hoping that we get our K1 visa quickly. From what I calculated on the day I mailed in the application, if everything goes average-paced, Ombeni would get his visa around September 28th. That doesn't leave much time for him to fly over here, us to get married, and file for AOS before October 1st.

[rebeccajo 14]

Um yeah...there is. I read it in the super duper document. What you have written here is a theory. I'm ENTITLED to my petition being adjudicated within 6 months. I am NOT ENTITLED to it being adjudicated in 3 months.

Really?

Show me that, please.

In the CFR - which is codified immigration law.

Or show me the reference to the CFR in the 'super duper document'.

That would be Chapter III. Section C.(2) of the Super Duper Document

As I said, show me the mandate in the CFR.

Show me where they took the President's mandate and codified it. Where they made it the law.

[Mononoke28 134]

soo... is the fight over?

[phila 0]

About fighting-I don't wish to sound like a 'pollyanna', but seriously- we do not need to spar so much and post with such sarcasm. This visa process is difficult enough. OK- some some of us read things differently than others, or respond differntly.

Can't we be a little nicer?

[nyseness 0]

soo... is the fight over?

[Yodrak 7]

MRS BILLY BONG,

"the President called for an average processing time standard of six months for the adjudication of most immigration benefit applications "

Average of 6 months. For most benefits. Hardly an entitlement of 6 months for your petition.

Don't overlook the qualifiers - they are important words.

Yodrak

Um yeah...there is. I read it in the super duper document. What you have written here is a theory. I'm ENTITLED to my petition being adjudicated within 6 months. I am NOT ENTITLED to it being adjudicated in 3 months.

Really?

Show me that, please.

In the CFR - which is codified immigration law.

Or show me the reference to the CFR in the 'super duper document'.

That would be Chapter III. Section C.(2) of the Super Duper Document

Edited March 22, 2007 by Yodrak

[Niels Bohr 72]

I would say if they allow accelerated processing for a higher fee, I can pretty much say that USCIS wouldn't have to worry about their operation budget.

[rebeccajo 14]

soo... is the fight over?

LOL.

There's no fighting, at least on my part. And I can't speak for the others but I doubt it was a 'fight'.

All I wanted to point out is there is - unfortunately - no LEGAL fire we can hold DOS/USCIS/DHS's feet too when it comes to processing a case. It's just a simple unfortunate fact.

It's my opinion that timelines and processing times sometimes cause a lot of us nothing but undue stress. They are, after all, just gauges.

Believe me, if there were legal recourse for this process, I would know about it. Take a look at MY timeline and you will understand where I am coming from.

And that's my story.....and I'm sticking to it. No offense meant to anyone.

Edited March 22, 2007 by rebeccajo

[TimsDaisy 0]

Re:

Um yeah...there is. I read it in the super duper document. What you have written here is a theory. I'm ENTITLED to my petition being adjudicated within 6 months. I am NOT ENTITLED to it being adjudicated in 3 months.

Really?

Show me that, please.

In the CFR - which is codified immigration law.

Or show me the reference to the CFR in the 'super duper document'.

That would be Chapter III. Section C.(2) of the Super Duper Document

See: http://www.visajourney.com/forums/index.ph...st&p=794170

RE: higher fees for an expedited process for family-based petitions, that's a policy and political and P.R. no go. Would create 2d class filers who'd have to wait longer because of richer people getting their family here first. That's bad. And unfair. They exist for certain employment based visas - but there's a lot more palatable arguments available for that arena than for this one.

RE: the availability of legal recourse from timelines, processing times, etc. You're right, there isn't much legal recourse in the sense of having a framework through which to formally protest slower approval times. HOWEVER, since a common response from congressional offices is to look at the "Processing times" posted at the USCIS site, and say "well, you aren't even there yet, so call us back when that date passes," and we KNOW that those dates are hardly average, knowing that there are better indicators of what is really an AVERAGE processing time may prove useful in getting some 24-year-old congressional staffer to listen. They don't always know everything there is to know about immigration or visa times or what publications have recently come out from USCIS. Congressional staffers are handling the cases of hundreds of constituents at a time with many, many federal agencies (from Housing to Health to Veterans' Affairs, etc).

Action is good. Action with evidence is better.

[DA BOMB 1]

And I still can't figure out exactly what it is here you're fighting - or why.

This post pissed me off:

MRS BB: if you're happy going the wilful ignorance route, by all means, don't look up that document (which is written in plain, easy-to-understand language, with lovely charts, all to make sure that you John-and-Joan-Q-Publics have an understanding of the regulations which have A DIRECT BEARING ON YOUR LIVES).

p.s. whatever you do: if you have a problem or a concern over the proposed fee increase, by all means DO NOT read the proposal and for heaven's sake DON'T submit any comments or criticism. Then you'd actually be proactively working to better the process or at least be involved. It's FAR more effective just to sit on the boards all day and gripe to each other or express frustration than to get out there and DO SOMETHING ABOUT IT.

Us Q Publics have a difficult time commenting on this ####### because its NOT easy to understand. (This is where YOUR day job comes in) I thought the idea of this large increase was ####### before I read it and I think its even more ####### after reading it. I'll tell you why Im entitled to adjudication in 6 months...because the poop rolls downhill. There's a President's $540 million dollar initiative to reduce this backlog. If the USCIS doesnt do its job it wont get a piece of the pie.

The President remains committed to ensure America welcomes the contributions of immigrants. The budget continues funding for the President’s multi-year $540 million initiative enabling U.S. Citizenship and Immigration Services to reduce the backlog of applications and ensure a six-month processing standard for all applications by the end of 2006.

This is the reason Eduardo of the USCIS kisses ### with this message from the director statement in the USCIS Backlog Elimination Plan of 2004, " Thankfully we have the opportunity, the leadership, and the talent to make an impact. By the end of 2006, we will eliminate the application backlog and achieve six-month cycle times, and in doing so will deliver on the President's vision of "welcoming immigrants with open arms....not endless lines."

Section 451 of the Homeland and Security Act of 2002 gives authority to Ed to conduct this super plan which ended up as the Super Duper Document. The driving force behind my 6 month entitlement isnt necesarily a law (rebeccajo) its the money. (How unusual for the government huh?)

[DA BOMB 1]

And I still can't figure out exactly what it is here you're fighting - or why.

This post pissed me off:

MRS BB: if you're happy going the wilful ignorance route, by all means, don't look up that document (which is written in plain, easy-to-understand language, with lovely charts, all to make sure that you John-and-Joan-Q-Publics have an understanding of the regulations which have A DIRECT BEARING ON YOUR LIVES).

p.s. whatever you do: if you have a problem or a concern over the proposed fee increase, by all means DO NOT read the proposal and for heaven's sake DON'T submit any comments or criticism. Then you'd actually be proactively working to better the process or at least be involved. It's FAR more effective just to sit on the boards all day and gripe to each other or express frustration than to get out there and DO SOMETHING ABOUT IT.

Us Q Publics have a difficult time commenting on this ####### because its NOT easy to understand. (This is where YOUR day job comes in) I thought the idea of this large increase was ####### before I read it and I think its even more ####### after reading it. I'll tell you why Im entitled to adjudication in 6 months...because the poop rolls downhill. There's a President's $540 million dollar initiative to reduce this backlog. If the USCIS doesnt do its job it wont get a piece of the pie.

The President remains committed to ensure America welcomes the contributions of immigrants. The budget continues funding for the President’s multi-year $540 million initiative enabling U.S. Citizenship and Immigration Services to reduce the backlog of applications and ensure a six-month processing standard for all applications by the end of 2006.

This is the reason Eduardo of the USCIS kisses ### with this message from the director statement in the USCIS Backlog Elimination Plan of 2004, " Thankfully we have the opportunity, the leadership, and the talent to make an impact. By the end of 2006, we will eliminate the application backlog and achieve six-month cycle times, and in doing so will deliver on the President's vision of "welcoming immigrants with open arms....not endless lines."

Section 451 of the Homeland and Security Act of 2002 gives authority to Ed to conduct this super plan which ended up as the Super Duper Document. The driving force behind my 6 month entitlement isnt necesarily a law (rebeccajo) its the money. (How unusual for the government huh?)

Ed is now Emilio

[TimsDaisy 0]

And I still can't figure out exactly what it is here you're fighting - or why.

This post pissed me off:

MRS BB: if you're happy going the wilful ignorance route, by all means, don't look up that document (which is written in plain, easy-to-understand language, with lovely charts, all to make sure that you John-and-Joan-Q-Publics have an understanding of the regulations which have A DIRECT BEARING ON YOUR LIVES).

p.s. whatever you do: if you have a problem or a concern over the proposed fee increase, by all means DO NOT read the proposal and for heaven's sake DON'T submit any comments or criticism. Then you'd actually be proactively working to better the process or at least be involved. It's FAR more effective just to sit on the boards all day and gripe to each other or express frustration than to get out there and DO SOMETHING ABOUT IT.

Us Q Publics have a difficult time commenting on this ####### because its NOT easy to understand. (This is where YOUR day job comes in) I thought the idea of this large increase was ####### before I read it and I think its even more ####### after reading it. I'll tell you why Im entitled to adjudication in 6 months...because the poop rolls downhill. There's a President's $540 million dollar initiative to reduce this backlog. If the USCIS doesnt do its job it wont get a piece of the pie.

The President remains committed to ensure America welcomes the contributions of immigrants. The budget continues funding for the President’s multi-year $540 million initiative enabling U.S. Citizenship and Immigration Services to reduce the backlog of applications and ensure a six-month processing standard for all applications by the end of 2006.

This is the reason Eduardo of the USCIS kisses ### with this message from the director statement in the USCIS Backlog Elimination Plan of 2004, " Thankfully we have the opportunity, the leadership, and the talent to make an impact. By the end of 2006, we will eliminate the application backlog and achieve six-month cycle times, and in doing so will deliver on the President's vision of "welcoming immigrants with open arms....not endless lines."

Section 451 of the Homeland and Security Act of 2002 gives authority to Ed to conduct this super plan which ended up as the Super Duper Document. The driving force behind my 6 month entitlement isnt necesarily a law (rebeccajo) its the money. (How unusual for the government huh?)

Nice - but you left out YOUR comment that was the basis for MY comments - your comments being, several times, that you didn't want to get into a funky document that was long, whatever.

And my day job doesn't endow me with the magical gift of reading comprehension. My background - not day job - may give me insight into the public policy/legislative process, but I not now, nor have I ever been and expert on immigration law or regulation. I came at this process the same way you did. The feds go out of their way - they have to - to make sure these publications are written in plain English and are as readily comprehensible as possible.

The USCIS is out of pie - presidential or otherwise. It doesn't get pie for doing its job the way the president requested - it got pie so it COULD do that job in the time requested. The basic funding mechanism of USCIS doesn't come from other federal appropriations or presidential discretionary budgeting. It comes from fees. That's why they want a fee increase, so the fees match that one-time injection of cash they got under the backlog reduction funding. You're right that what made USCIS able to meet the 6 month goal was money, but it didn't MAKE them reach the goal.

And yeah, the government needs money to operate. Duh. It always has, it always will. It is not per se wrong for needing money. Its employees need to be paid, just like any of us need to be paid by our employers. The difference? Their jobs are likely even more thankless than most of ours.