Showing posts with label backlog. Show all posts
Showing posts with label backlog. Show all posts

Monday, August 04, 2008

The beat goes on and on. We had been scapegoated as a Criminals, offenders, Rapists, Invaders, and know suspects of Marriage Fraud






The beat goes on and on. We had been scapegoated as a Criminals, offenders, Rapists, Invaders, and know suspects of Marriage Fraud.



When Citizens and Goverments can be more rational and Humans against the Undocumented Immigrants. I will exposed another case of Intolerance and Irrationality from our Immigration Laws.

Mr. Lin, a Fujianese man who was smuggled into the United States Undocumented, applied for and failed to obtain political asylum [and an order for his deportation was issued]. In 2006, he married Ms. Lu, an American citizen, and applied to change his immigration status. This past April, at Mr. Lin’s green card interview, the immigration judge suspected that their marriage was not real, although his wife was already eight-months pregnant. Mr. Lin was detained immediately and sent to the FBI.

Many lawyers not only criticized the immigration judge for violation of the couple’s human rights, but also warned that those who have outstanding deportation orders against them and who wanted to change status through marriage must be careful when applying for legal status.

On April 6th, Mr. Lin was deported by the Immigration and Customs Enforcement (ICE). When his wife received his phone call from the airport, she was in tears. Ms. Lu, who is due to give birth this week, said that ever since her husband was taken away in April, she has spoken to 10 different lawyers and has spent close to $10,000 hoping that her husband would be allowed to return to the United States. However, because the first lawyer they hired to assist through the green card interview handed Mr. Lin’s passport to the immigration judge during the interview, Mr. Lin had no documentation when he was deported.

Currently, Ms. Lu lives alone in a basement in Brooklyn. She worries since her family works in another state that no one can take care of her and her new born baby.

Nicolas Mundy, Ms. Lu’s current attorney, who does not agree with the immigration judge’s action, asked, “Why couldn’t the immigration agency wait 30 more days until the child is born, when they could conduct a DNA test and determine whether the marriage is real?”

According to Ms. Lu, right before she and her husband went to the green card interview, their first lawyer told them that Mr. Lin’s deportation appeal was pending. However, Mundy said that their appeal was denied in 2005, which meant that Mr. Lin’s deportation order became effective immediately after the interview. Moreover, when applicants for political asylum try to change their status through marriage, they should submit an affidavit to verify their marriage. Their first lawyer failed to do so.

John Chang, an experienced lawyer, explained that the USCIS has new policies that allow arriving aliens to obtain legal status by several means such as through marriage. Another lawyer said that according to experiences, for those who failed to obtain political asylum, trying to change statue through marriage could be risky.

Mundy said that Ms. Lu’s situation is very difficult, but not impossible. Ms. Lu can request a second time for her husband to be allowed to return after their child is born, if DNA evidence can establish his paternity. Mr. Lin would also need to go to the United States Embassy in China to apply for his return to the United States. Present USCIS regulations stipulate that once an alien is deported, he or she must wait 10 years before being allowed to return to the United States. Mr. Lin’s lawyer is hoping that by establishing that he is the father of a U.S. citizen who has faced inhumane treatment, it will make him a candidate for amnesty and the family can be reunited

Thursday, February 28, 2008











The unworkable solution to the Immigration backlog and how affecting Legal and Undocumented Immigrants.



"I haven't done anything wrong". Why they threating me like a terrorist? "Wouldn't you want to know immediately if this person is a threat or not?
"

Delaying the Immigrants applications for years that's a clearly violation of the Immigration Laws..

Three North Texas residents accuse the federal government of violating immigration laws.
The men are from the Middle East and are now suing, claiming their applications for naturalization have been delayed for years.

Aymen Alasad, a native of Jordan who now lives in Arlington, accuses the federal government of failing to timely process his application to become a permanent resident alien.
"Doesn't make sense to me. It will take a year, two... after September 11, I can understand," said Alasad. "But it's been seven years."

Suing Fed For Violating Immigration Laws

He's now suing the Department of Citizenship and Immigration Services, which oversees naturalization and other federal agencies.

Alasad is not alone. Hicham Salloum and Hasan Hajmohammad are also suing the government.

Salloum, a native of Lebanon now living in Las Colinas, said he's been waiting for permanent residency status for four years. But he said the Federal Aviation Administration cleared him to work with import/export firms at DFW Airport.

"If they say you're clear, then you're good to go on the airplanes," said Salloum. "I haven't done anything wrong. So that means I don't have anything in my record, so why won't they clear my name?"

Hajmohammad, a native of Jordan living in Irving, has also waited four years to become a citizen. He claims the U.S. is unfairly making the process difficult for Muslims.
"We really believe in the system, but the way they are treating Muslims at this time, they are just clearly discriminating against them," said Hajmohammad.

Officials with the Department Citizenship and Immigration Services deny the allegation.

While a spokeswoman can't comment on these lawsuits, she acknowledges there has been a backlog of cases nationwide, because it has taken a long time to fully investigate a person's background.

"Unfortunately, we are stuck in this situation," said Marilu Cabrera, a spokesperson for the department. "We have to do background checks. We owe it to the American people to make sure everyone we naturalize is of a good moral character and will not do us harm."

The government has just recently changed its procedures and will approve applications within 180 days, unless it finds a problem. If problems arise later, the government will deport the individual.

The attorney for the three men, Husein Abdelhadi of Dallas, said lawsuits sometimes speed up the process, but shouldn't be necessary.

"If a person is a terrorist or a threat to the security of the U.S., why are you letting them live here," he said. "Wouldn't you want to know immediately if this person is a threat or not?"
http://cbs11tv.com/local/Violating.Immigration.Laws.2.663587.html

Saturday, February 09, 2008







Not optimistic predictions for Residents Immigrants who wants to become American Citizens. An increased fee and a backlog to about three years. Why Goverment did'nt allocated any money to expedited this process?

WASHINGTON - President Bush is asking Congress to spend money to help businesses root out illegal workers but he did not request additional funds to help legal immigrants become American citizens more quickly.

In his budget proposal issued this week, Bush asked for $100 million to expand E-Verify, the system employers use to check whether they are hiring documented workers. He didn't ask Congress to allocate money to chip away at millions of citizenship and other immigration applications that flooded the government last summer, before an increase in the agency's filing fees.

Instead, Citizenship and Immigration Services will rely on $468 million in fees to pay for reducing the backlog by 2010. Those funds are a portion of the total fees that came in with the applications this summer.
Homeland Security Secretary Michael Chertoff said the summer's fee increases will give the agency the money it needs to get back on track.

"People always argue well you ought to fund this, you ought to fund that. That's great, but the pie is only as big as it is and no one ever comes up with this slice they want to give back in return for this," Chertoff said.

A total 7.7 million applications for various immigration benefits poured into Citizenship and Immigration Services in the fiscal year that ended Sept. 30, 2007. That's 1.4 million more than the previous fiscal year.

"The backlogs are pretty much back where they were when they started and the agency is back to doing what it used to do, which is robbing Peter to pay Paul. Right now they are taking resources from permanent residence to do citizenship," said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
The immigration agency increased fees in July largely to raise about $1.5 billion to pay for modernizing computer equipment, hiring and training more workers, improving field offices and other spending.

Becoming a citizen now costs $595, up from $330. The price to get a green card is $1,010, up from $395. Applicants for both pay another $80 each for digital fingerprinting, a $10 increase.
Congress gave the immigration agency $100 million a year over five years through 2006 to reduce the immigration backlogs
.

Agency Director Emilio Gonzalez announced in September 2006 the backlog had fallen to about 139,0000 cases. About 1 million applications in the backlog that were incomplete, from people still awaiting visas or whose FBI name check was delayed, were not counted.

The administration deserves credit for securing the $500 million from Congress for the backlog, said Doris Meissner, former Immigration and Naturalization Service Commissioner under President Clinton.

"They broke through the idea that this should just be purely financed by the applicant fees themselves," said Meissner, a senior fellow with Migration Policy Institute, a Washington, D.C.-based think tank. "But it was finite."

Since 1988, the work of Citizenship and Immigration Services and its predecessor, the Immigration and Naturalization Service, has been largely paid for by revenue from application fees. Congress has provided money for specific projects over the years, but generally those have been limited to a few years. Sometimes fee money has been diverted for things like detention centers.

The result has been an agency constantly shifting resources to respond to the latest crisis, critics say.
"Every time the system breaks down, they are incentivizing people to say, 'Screw the system, I'll just overstay my visa.'" said James Jay Carifano, a research fellow with the conservative Heritage Foundation think tank.

Immigration officials say they will be able to chip away at the backlogs as 1,500 new workers are hired and trained. Things should be back where they were before the application spike by 2010, the agency's spokeswoman Chris Rhatigan said.
Williams thinks that's an optimistic prediction. The 7.7 million applications the agency received last year amount to about three years of work, she said.

Tuesday, January 29, 2008








Immigration bureaucracy plagued by delays. It will take an average of 18 months to process petitions from legal immigrants applying for citizenship between now and 2010, compared to seven months or fewer in 2007.



HERE'S another glimpse into the broken U.S. immigration system: It will take an average of 18 months to process petitions from legal immigrants applying for citizenship between now and 2010, compared to seven months or fewer in 2007.

That's what Emilio T. Gonzalez, director of Citizenship and Immigration Services, told the House Judiciary Subcommittee on Immigration, the New York Times reported

Gonzalez blamed a rush of immigration applications last summer ahead of a 66 percent mid-year fee increase. When the increase was announced in January 2007, he promised to reduce waiting times for both naturalization and permanent-resident visas by year's end.

His agency has a longtime reputation as slow and bureaucratic. Delays were no doubt made worse by gearing up for post-Sept. 11 criminal background checks, but that does not excuse government incompetence more than six years later.

Perhaps the new federal employees being added to handle immigration documents will help, but Gonzalez could not guarantee that immigrants who applied last summer to become citizens will be able to vote next November. They still may not be naturalized by then.

There's a recurring refrain among some immigration critics questioning why new immigrants don't work harder and faster to become U.S. citizens. The truth is that many of them are doing everything they can, but our government manages to erect obstacles in their path.

This is but one example of the ineptness that Congress and the White House must address when leaders resume the debate about immigration reform.