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Greg Siskind on Immigration Law and Policy

WALL STREET JOURNAL: USCIS WILL ONLY ACCEPT SMALL PORTION OF JULY APPLICATIONS

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An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting


Looking to resolve a messy immigration tangle, the U.S. government is
close to announcing that it will accept at least some applications for
work-based green cards that were filed by thousands of skilled workers
in early July at the government's invitation and then abruptly rejected.


This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:

- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack

One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention. 




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Comments

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  1. nish's Avatar
    Greg,

    what would 'some' mean? any thoughts...how does one decide on what's some? - arbitrarily, I guess..

    Thanks for your help and support.
  2. sevadal99's Avatar
    So what happens to other filers who send their applications after July 2nd. Excellent work greg
  3. Vxg's Avatar
    Greg,
    This is slightly misleading as the article also says

    "It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    It seems speculation from a reporter.
  4. 's Avatar
    As Mr.Alex was pointing out..USCIS has the legal aresenal to deal with rejecting applications mailed/received after the updated July 2nd visa bulletin was released, just by saying there was ample time not to send the application!

    Well this likely will be the lowest point in the history of legal immigration in US!
  5. jay's Avatar
    Thats true Greg...
    Its hugely disappointing news if true...my fear is WSJ might have a strong source to publish this...so it might be a credible news...I hope they are wrong
  6. 's Avatar
    I agree with Jay...WSJ must know this for sure..they're a very reputable magazine...

    greg...what's your assessment on this?

    I don't mean to sound cynical but I think it's very sad for some and relief for some...

    thanks
  7. mb's Avatar
    Although my app was filed on July 2, I am not happy with this solution because of the injustice to sevceral of my fellow filers.
    this kind of outcome will really show that USCIS is only intereseted in doing the absolute minimum to wriggel out of the lawsuit. It will aslo display its anti-immigrant sentiments.

    Congressional action will also be forthcoming because just releasing this update does not mitigate their illegal actions in late June and early July.

    To fellow filers who filed on July 2 and are rejoicing over this news that they may be safe, please remember this may not be the end and once USICS is on safe ground they can screw you too in several imaginative ways.
  8. sri's Avatar
    http://online.wsj.com/article/SB118455917060167397.html?mod=googlenews_wsj

    is the article. It also says that
    "
    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    So, we don't know unless we see it in DoS/USCIS website.
  9. N S's Avatar
    Sweet! We are looking at another lottery. Let the dice roll. Why are even people thinking that thise who filed on July 2nd will be fine? Early July does not mean anything. We are potentially looking at a lottery if the number of applications sent on Jul 2nd is more than the available visa numbers.
  10. Greg Siskind's Avatar
    It could be that there's a debate over what to do with the applications received and being held and the ones that were received on July 2nd and were rejected. If this is what they're debating, then the USCIS should get ready for the onslaught that is about to come their way. Perhaps the WSJ reporter was sloppy in the wording and the broader deal is still in the works. I hope that is the case.
  11. sri's Avatar
    http://online.wsj.com/article/SB118455917060167397.html?mod=googlenews_wsj

    is the article. It also says that
    "
    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    So, we don't know unless we see it in DoS/USCIS website.
  12. Srini's Avatar
    This is not at all good news.
  13. bhu's Avatar
    Its going to be another lottery here.
    Who knows ...they are going to accept ones on july 2 or early july. whatever.They would have mixed them too.Nothing is for sure though.No guarantee in their actions and words.
    They would just reject all of them and make them reapply with the hiked fee.As simple as that.
    hope thet act atleast faster after we pay them more.


  14. USC's Avatar
    "Sweet! We are looking at another lottery. Let the dice roll. Why are even people thinking that thise who filed on July 2nd will be fine? Early July does not mean anything. We are potentially looking at a lottery if the number of applications sent on Jul 2nd is more than the available visa numbers."

    Firstly, let me congratulate Greg. He told us that he advised all his clients to get their apps in on July 2 not withstanding the rumbling that USCIS (let's call them INS because they haven't changed) was going to revise the bulletin. Those who followed his advise should be in excellent shape.

    My guess is (and it is just a guess) that there is not going to be a lottery. INS is going to issue EAD & AP NOW to the July 2 filers and then issue GCs as the numbers become available (if they received more applications on July 2 then the available visa numbers). So, some folks might get their GCs now while others will have to wait till October and beyond when more numbers become available.

    The folks who had their July 2 applications sent back should be okay too.

    As for the folks who want to file now, they will have to wait till INS gets through the July 2 blizzard. Depending on the number of apps INS received they may have to wait a while. A new backlog!!

    INS might adopt this strategy so that some Federal Judge in the 9th Circuit doesn't end up handing their head to them!!

  15. USC's Avatar
    "One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention."

    Greg, as an American citizen your prespective (and mine for that matter as I am also an American citizen) is much more detached and neutral than some of the posters here whose lives are at stake by the comings and goings of INS. However, you have hit the nail on the head here. The most blatant manifestation of this is in the numbers of visas INS wastes (Is this just in the EB categories or does it also happen in the family categories? Do you know?) every year. What could be more wrong than doing that given the huge backlog that exists? Congress should hold hearings into that and recapture all numbers not utilized in the last 15 years.

    Hopefully, the Clinton administration coupled with 60 Democrats in the Senate will be able to change our laws for the better in 2009!!
  16. In Immigration Limbo's Avatar
    So the plan might be this. Figure out how many visa numbers were actually still available on July 2 before the revised bulletin came out, then if they have more applications than numbers, have an H-1b style lottery to see whose applications will be accepted. The rest of us would be out of luck.

    USC, the problem as I see it isn't that the Republicans are standing in the way of reforming the legal immigration system, it's that the Democrats will not agree to doing so unless full amnesty for illegals is included. The Democrats will not give up their bargaining chip unless they get amnesty, and then we are back to an ugly CIR type of horse trading scenario.

    I hope the Dems are up front and clear about their plans on illegal immigration in the run up to the election. That way they will have a mandate for blanket amnesty with limited future enforcement which will likely be their plan if they get 60 senators and the White House.
  17. mb's Avatar
    greg,
    this may not be sloppy reporting by WSJ, but also rather a leak planted by USCUS to test public outrage at such a solution??Although if it was a leak it should have come out over the weekend.

    i'm not sure why people think the report indicates USCIS will accept few apps on July 2 only. They caould also set cutoof PD for entire July and accept only those apps that fall within PD.
  18. MB's Theory sounds good's Avatar
    MB, excellent analysis. I second your opinion. I have been thinking that for past hour.

    Greg, excellent work from you and your staff thruout this though time for a lot of immigrants.
  19. RR's Avatar
    I agree with what mb said. It has to be based on cut-Off dates for entire july. Period!
  20. if's Avatar
    Setting off a PD for July will definitely not work for USCIS if they are smart enough to realize that. As they will still be within the legal limits to loose the upcoming lawsuit. Infact changing to such a scenario will make the case stronger for AILF and other individual law firms to win the lawsuit for the people with later PDs. And the effective result will be that USCIS has made the mess bigger...

    Whereas accepting it till a certain time frame like 12 noon on July 2, or whole day of july 2, would weaken the lawsuit a whole lot as all the strong case plaintiff that AILA might have planned to use, will be gone!
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