Friday, March 09, 2007

That Is Just A Lawsuit Waiting To Happen

So, standing and immunity problems notwithstanding, could I bring suit against USCIS for gross discrepencies in the petition processing time due to geographical discrimination?

If you check the link above, scroll down to the first chart under the two graphs, not the difference in processing times between the California and Vermont Service Centers. Note also that Nebraska and Texas Service Centers no longer process I-129Fs, the petition for a K1 (fiance) visa. They forward received I-129Fs to . . . California Service Center.

So three centers worth of data (two of which draw from, I'm guessing, very immigrant-rich areas of the country - drawing from Mexico, Central and South Americas, and the entire Pacific Rim), go to California and Vermont has some New Englanders to worry about.

Average processing time at the California Service Center:

85 days.

Average processing time at the Vermont Service Center:

30 days.

Oh, and this week alone, there have been reports of Vermont clearing applications in 3 or 10 days. I sh*t you not.

Does that seem fair to you? We all pay the same filing fee. We all fill out the same paperwork and meet the same requirements. And yet, we seem to be handled so differently. And there isn't boo to do about it. This is the feds we're talking about.

Since I've blocked out most of my Con Law barbri experience, I can't recall if this kind of thing would be an equal protection challenge, etc. Well, it wouldn't likely be anything, but still . . . one (with a license to practice law) wonders.

I don't want VSCers equally screwed, mind you, I just want us CSCers less screwed.

Goddammit, I know we have CMCers in high places - someone do something.

4 comments:

Anonymous said...

You screwed us. Thank you!!!
Check the stats now. VSC is at about 145 days to process. Hope you are happy.

cd said...

Wow, I had no idea I had so much power - and all because of a blog post! How awesome!

Of course I'm not happy - though I feel less bad for you personally when you post ignorant rants that imply I'm insensitive to anyone's wait time. Didn't I say I didn't want VSC filers to face LONGER times, I just wanted CSC filers to face SHORTER times?

Save it buddy. It sucks ass for all of us.

Anonymous said...

Well, I don't know if YOU have that kind of power, but I'm sure some other CSC'ers read your post and who knows who these "high level CMC'ers" are (is it the same thing?), perhaps one of them got the attention of USCIS--> that a lawsuit over this kind of thing could be forthcoming....and you know with any government agency, talk about a lawsuit and they are going to change the game on you. The ONLY reason the H1-B visa folks got their petitions processed was because they threatened USCIS with a lawsuit......bet you thought it was all those flower, huh?
Anyway, I'm not ranting AND I'm not the one who is ignorant. Do you see any cursing in either of my posts? You are the one who is ignorant. Your entire argument is null and void when you lower yourself to using expletives.

cd said...

I said "it sucks ass for all of us," not you suck ass.

Again, I thank you for crediting me with changing the way USCIS works. As you probably know, there is a staff of ten USCIS lawyers in each service center whose job it is to monitor all blogs daily for something that hints at legal action and react accordingly. So it makes sense that my post changed the system so much and single-handedly resulted in ruining your timeline at VSC.

Seriously, Anon-commenter, I know what it feels like to be stuck in that hell and start striking out at whatever "reason" may be available to explain your plight. But you're barking up the wrong tree here.

The only reason H1-B folks are processed faster is because they are integral to the economy - or at least that's the way public policy treats them. In fact, our entire immigration policy is rooted in prioritizing labor as the sole reason for legal immigration - this other stuff is on the back burner from policy to practical application.

Again, perhaps if you were less ignorant about the history of SC processing times and the reasons and timing of SC changes, you'd be less angry. You'd still be missing your loved one - but you're in a very large, sad boat on that.

I'm not out to get VSC filers. Try reading things again.