ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 2 of 2

Thread: Judge faults USCIS asylum process in St.Paul, MN

  1. #1
    http://www.twincities.com/mld/twinci...al/7943313.htm
    Judge faults asylum process

    From staff and wire reports

    A St. Paul federal judge Thursday described delays in processing many immigration cases as "a national embarrassment" and ordered the government to extend permanent resident status to nearly 22,000 people who have been granted asylum in this country.
    Ruling on a class-action lawsuit that originated with a Cameroon man who lives in St. Paul, U.S. District Judge Richard Kyle also ordered the government to give all asylum holders, or "asylees," proper documents showing they are eligible to work.
    Venantius Ngwanyia arrived in St. Paul in 1994 and applied for permanent resident status in 1996.
    "I'm really happy and very thankful," Ngwanyia, 45, said Thursday night after learning of the decision.
    Ngwanyia, who works in delivery for an import-export firm, said waiting for more than seven years has been frustrating.
    "I know some who have come to this country way after me and they have their green card," Ngwanyia said. "It's pretty frustrating because you don't know what your tomorrow is like. You don't know if you are a permanent resident or not."
    Kyle said the government had "botched" its legal obligation to asylees, saying its violations were "so widespread, so egregious and so plainly harmful to asylees as a class as to constitute nothing short of a national embarrassment."
    The lawsuit was filed by the American Immigration Law Foundation of Washington, D.C., on behalf of more than 150,000 asylum holders. The lawsuit mainly targeted the Immigration and Naturalization Service, which has since been abolished and partly folded into the Bureau of Citizenship and Immigration Services within the Department of Homeland Security.
    "We think it's a very strong opinion and should send a message to the government," said Nadine Wettstein, director of the foundation's Legal Action Center.
    Kyle's decision means nearly 22,000 asylum holders who are at the top of the waiting list should get green cards soon, and the approximately 130,000 applicants who will remain on the list should have a shorter wait, Wettstein said. She estimated it still will take 12 to 13 years to clear the backlog unless Congress changes the law.
    Delays in getting permanent residency mean delays in getting citizenship because a permanent resident must wait five years before becoming a citizen.
    Wettstein also said the decision means that all people granted asylum are entitled to get clear documentation showing that they're eligible to work, and that the permit can't expire as long as the person has asylum.
    Under federal law, the government can give permanent resident status to 10,000 refugees per fiscal year. But from 1994 to 2002, the government failed for various reasons to use all the allotted slots, leaving nearly 22,000 applicants stuck on the waiting list. The government claimed the unused slots expired at the end of each fiscal year.
    Kyle disagreed, saying the government is legally obligated to fill the slots.
    The judge said the law clearly requires the government to issue work permits to all asylees. He said it cannot require them to reapply for those documents annually at a cost of $120 as it now does, and said the permits must remain valid as long as a person has asylum.
    Kyle said current procedures "border on the Kafkaesque" because various offices within the government that make asylum decisions have different requirements and issue different documents that are valid for varying lengths of time.
    The judge gave both sides 60 days to negotiate a schedule for complying with his order, or he will set the deadlines himself.
    A Justice Department spokesman in Washington, Charles Miller, said the agency hadn't seen Kyle's decision and would have to review it before deciding what its next step would be.
    Bill Gardner and the Associated Press contributed to this report.

  2. #2
    http://www.twincities.com/mld/twinci...al/7943313.htm
    Judge faults asylum process

    From staff and wire reports

    A St. Paul federal judge Thursday described delays in processing many immigration cases as "a national embarrassment" and ordered the government to extend permanent resident status to nearly 22,000 people who have been granted asylum in this country.
    Ruling on a class-action lawsuit that originated with a Cameroon man who lives in St. Paul, U.S. District Judge Richard Kyle also ordered the government to give all asylum holders, or "asylees," proper documents showing they are eligible to work.
    Venantius Ngwanyia arrived in St. Paul in 1994 and applied for permanent resident status in 1996.
    "I'm really happy and very thankful," Ngwanyia, 45, said Thursday night after learning of the decision.
    Ngwanyia, who works in delivery for an import-export firm, said waiting for more than seven years has been frustrating.
    "I know some who have come to this country way after me and they have their green card," Ngwanyia said. "It's pretty frustrating because you don't know what your tomorrow is like. You don't know if you are a permanent resident or not."
    Kyle said the government had "botched" its legal obligation to asylees, saying its violations were "so widespread, so egregious and so plainly harmful to asylees as a class as to constitute nothing short of a national embarrassment."
    The lawsuit was filed by the American Immigration Law Foundation of Washington, D.C., on behalf of more than 150,000 asylum holders. The lawsuit mainly targeted the Immigration and Naturalization Service, which has since been abolished and partly folded into the Bureau of Citizenship and Immigration Services within the Department of Homeland Security.
    "We think it's a very strong opinion and should send a message to the government," said Nadine Wettstein, director of the foundation's Legal Action Center.
    Kyle's decision means nearly 22,000 asylum holders who are at the top of the waiting list should get green cards soon, and the approximately 130,000 applicants who will remain on the list should have a shorter wait, Wettstein said. She estimated it still will take 12 to 13 years to clear the backlog unless Congress changes the law.
    Delays in getting permanent residency mean delays in getting citizenship because a permanent resident must wait five years before becoming a citizen.
    Wettstein also said the decision means that all people granted asylum are entitled to get clear documentation showing that they're eligible to work, and that the permit can't expire as long as the person has asylum.
    Under federal law, the government can give permanent resident status to 10,000 refugees per fiscal year. But from 1994 to 2002, the government failed for various reasons to use all the allotted slots, leaving nearly 22,000 applicants stuck on the waiting list. The government claimed the unused slots expired at the end of each fiscal year.
    Kyle disagreed, saying the government is legally obligated to fill the slots.
    The judge said the law clearly requires the government to issue work permits to all asylees. He said it cannot require them to reapply for those documents annually at a cost of $120 as it now does, and said the permits must remain valid as long as a person has asylum.
    Kyle said current procedures "border on the Kafkaesque" because various offices within the government that make asylum decisions have different requirements and issue different documents that are valid for varying lengths of time.
    The judge gave both sides 60 days to negotiate a schedule for complying with his order, or he will set the deadlines himself.
    A Justice Department spokesman in Washington, Charles Miller, said the agency hadn't seen Kyle's decision and would have to review it before deciding what its next step would be.
    Bill Gardner and the Associated Press contributed to this report.

Similar Threads

  1. Check out Ron Paul
    By NeedHelpFast in forum Immigration Discussion
    Replies: 14
    Last Post: 01-02-2008, 09:57 PM
  2. Replies: 1
    Last Post: 01-12-2007, 11:34 AM
  3. Asylum process
    By Dany Coronado in forum Immigration Discussion
    Replies: 2
    Last Post: 03-19-2006, 12:25 PM
  4. POPE JOHN PAUL ll
    By in forum Immigration Discussion
    Replies: 6
    Last Post: 03-24-2003, 11:51 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: