Clients have been asking me "what is going on with this 'everybody' can adjust thing?" My answer is that the USCIS is 'broken', meaning that it is a confused governmental agency, with no real funding, i.e., money, but more importantly, no direction or will to act with focus.
There is a 'history' here, a story to tell. Years ago, I'd say about 20 years back, the former INS pretty much told politicians and Congress what was needed in terms of changes that needed be made to the immigration law, and Congress went ahead and gave them what they needed (including funding); the INS proposed regulations, and, even technical corrections (when they needed to), and they were summarily adopted and implemented. Today, the attitude of the USCIS is, "We will not take the lead", "you go first"; we will not act as the experts we are, "you tell us". Therefore, no one is willing to act, or if Congress acts, as they have several times in the past, we end up with ridiculous 'political', often draconian solutions, and the INS/USCIS justs says "ok". Everyone is afraid. Congress won't, and now politically "can't" act - so things are frozen and we are stuck with a broken system that was never meant to work in a totally different environment, under a completely different economy, and labor situation. Of course, the last time we produced engineers, and even scientists, was in the 1950s. Nor can we fulfill the needs of Silicon Valley - Congress woke up for awhile, when they increased the quota for H-1bs, but that is long past.
People, including those in Congress, don't understand that even our 'preference system' was designed with far fewer people wanting to come here. The 'lines' that we have all come to see and experience, the "wait", was never meant to be. Can you imagine anyone telling a PR who marries someone overseas, or for that matter, even someone here, that they must wait 3-5 years to bring their spouse to the country to join them, or allow them to maintain a legal status here? It's absurd and never meant to be - but is a direct result of a broken system that no one is willing to fix.
But here is the point of this 'blog'; what is happening (by accident) now, under the recently 'revised' visa bulletin, that is, allowing everyone, from every country, regardless of the wait, or line, on the employment-based side, to adjust their status (if otherwise eligible), makes alot of sense - and should be continued long past August 17, 2007.
I'd like my readers to comment on this - to see if you know where I am going.
Or just email me: heller@hilglaw.com.
More tomorrow, or early next week; thank you.
Best,
Paul
Thursday, July 19, 2007
VISA BULLETIN FIASCO II, What's Wrong With USCIS?
Tuesday, July 17, 2007
What the USCIS Adjustments Mean, July 17th Visa Bulletin Update
http://hilglaw.com/contactus.htm
Please Email us
Dear Readers,
As many of you know, the USCIS issued July Visa Bulletin (#107) on June 12, which made current all employment-based visa numbers, thereby allowing people in those categories to apply for adjustment of status and obtain permanent residency. The USCIS then announced on July 2, 2007—the first day that July Visa Bulletin #107 was to go into effect—that it was reversing its position to make unavailable all employment-based visa numbers. The effect was that all those who thought their number had become current, were ineligible to apply for adjustment of status.
Today the USCIS once again reversed themselves and posted a memo making all those originally eligible under the July Visa Bulletin (#107) to adjust their status between July 17 – August 17, 2007. The effect is that all those originally eligible to adjust their status under the July Visa Bulletin issued June 12, are once again eligible to adjust their status.
On the employment-based side, this means hat everyone who has a PERM approval can currently file their I-140/I-485 petition/application (along with dependent children and spouses). This application is also filed with form I-765 allowed for work authorization and, if eligible, filed with form I-131 for ‘advance parole,’ which allows applicants to travel in and out of the country while their I-485 application is pending.
Also important for many is the ‘portability’ rule in AC21, which allows employees to port (switch) to another job with another company 180 days after the filing of their I-485 application.
Whether you are a company requesting HILG to begin the process of filing I-485 applications or concurrent I-140/I-485 petition/applications on behalf of employees , or an employee who wishes us to file on their behalf (pre or post I-140 approval), please do not hesitate to contact us below. Thank You.
__________
http://hilglaw.com/contactus.htm
Please Email us
___________________
Paul M. Heller, Esq. (Owner/Principal)
New Silicon Valley Office:
Heller Immigration Law Group, LLP
2479 E. Bayshore Rd., Suite 709
Palo Alto, CA 94303
Tel: 1.650.424.1900 x11; Fax: 1.415.276.9099
Email: heller@hilglaw.com; www.hilglaw.com (formerly: greencard1.com)
THE BULLETIN:
Office of Communications
July 17, 2007
Contact: Office of Communications
202-272-1200
USCIS Update: Adjustment of Status Applications, I-485 Adjustment
USCIS Update
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that,
beginning immediately, it will accept employment-based applications to adjust status (Form I-
485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based
applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
purposes of determining employment visa number availability, and that Visa Bulletin #108
(dated July 2) has been withdrawn.
“The public reaction to the July 2 announcement made it clear that the federal government’s
management of this process needs further review,” said Emilio Gonzalez, USCIS Director. “I
am committed to working with Congress and the State Department to implement a more efficient
system in line with public expectations.”
USCIS’s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
107 a full month’s time to do so. Applications already properly filed with USCIS will also be
accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
-USCIS
Please Contact: heller@hilglaw.com
We have staff waiting to help you with your I-485 adjustment needs.
