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Incompetence, Not Only Intolerance, is a Barrier to Immigration. By Roger Algase

Rating: 3 votes, 5.00 average.
Recently, my "bloggings" have been focusing on the powerful impact of intolerance, racial, religious, and with regard to sexual orientation, in blocking immigration reform. Unfortunately, hatred and prejudice against the other - people who look different, speak different languages and have different religious beliefs, cultures or lifestyles. have been around in America for at least as long as the anti-Irish campaigns and Chinese exclusion laws beginning in the 19th century, and the infamous "national origins" quotas against Italian, Jewish, Eastern European Middle Eastern and other non-"Nordic" immigrants that were in effect until 1965.

But intolerance - against Mexicans, Latin Americans, Africans, Asians and Muslims, to name a few, is not the only barrier to immigration today.

Let's not forget about sheer incompetence in the immigration system. That has been around for a long time too, and is still very much with us. As (with a few exceptions - see below) everyone affected by the immigration laws knows, last month, in August 2013, the immigrant visa priority date for the F2A category - husbands and wives of green card holders - became current, and adjustment of status applications based on marriage to a permanent resident became eligible for filing.

This quota is still open for adjustment of status to permanent resident filing until the end of September, 2013, according the US Department of State Visa Bulletin for this month.

But try telling that to the people at the USCIS National Benefits Center in Missouri, which is responsible for processing marriage based adjustment of status green card applications.

Since the F2A quota became current, I have received notices in two adjustment cases in this category which I filed in August asking for evidence that the sponsoring green card spouse (I-130 petitioner) is a US citizen!

In at least one of these cases, my covering letter had specifically mentioned the August, 2013 Visa Bulletin. I understand that the officers at the National Benefits Center (MSC) may be too busy to read things like Visa Bulletins which their work depends on, but don't they know what is going on in the immigration world?

Is there a moat around the MSC? Are their Internet connections turned off? More to the point, don't they receive any training?

I suggest that anyone filing an F2A adjustment of status case between now and the end of September attach a copy of this month's visa bulletin with the I-485 and I-130 forms, and mark it in bright red.

Then, maybe, all of the MSC reviewing officers will finally catch on to what the rest of America's immigration community has already known for the past two months.




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Updated 09-16-2013 at 09:12 AM by ImmigrationLawBlogs

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