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  • sve0390
    07-09 06:35 PM
    Is this for real???

    Can you post a link here?

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD





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  • DallasBlue
    09-13 03:00 PM
    Caught in a Bureaucratic Black Hole
    By Anna Gorman
    The Los Angeles Times

    Monday 10 September 2007

    Applicants seeking US citizenship languish for years as the FBI conducts cumbersome records checks. Lawsuits are a result.
    Seeking to become a U.S. citizen, Biljana Petrovic filed her application, completed her interview and passed her civics test.

    More than three years later, she is still waiting to be naturalized - held up by an FBI name-check process that has been criticized as slow, inefficient and a danger to national security.

    Petrovic, a stay-at-home mother in Los Altos, Calif., who has no criminal record, has sued the federal government to try to speed up the process. She said it's as if her application has slipped into a "black hole."

    "It's complete frustration," said Petrovic, who is originally from the former Yugoslavia and is a naturalized Canadian citizen. "It's not like I am applying to enter the country. I have been here for 19 years."

    Nearly 320,000 people were waiting for their name checks to be completed as of Aug. 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years.

    Applicants for permanent residency or citizenship have lost jobs, missed out on student loans and in-state tuition, and been unable to vote or bring relatives into the country. The delays have prompted scores of lawsuits around the country.

    Already this fiscal year, more than 4,100 suits have been filed against the citizenship and immigration agency, compared with 2,650 last year and about 680 in 2005. The mandamus suits ask federal judges to compel immigration officials to adjudicate the cases. The majority of the cases were prompted by delays in checking names, spokesman Chris Bentley said.

    "There is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd," said Ranjana Natarajan, an ACLU staff attorney who filed a class-action lawsuit in Southern California last year on behalf of applicants waiting for their names to be checked. "People who have not been any sort of threat ... have been caught up in this dragnet."

    In addition to the bureaucratic nightmare that the lengthy delays present, attorneys and government officials say there is a far more serious concern: They could be allowing potential terrorists to stay in the country.

    Fallout From 9/11

    The backlog began after 9/11, when Citizenship and Immigration Services officials reassessed their procedures and learned that the FBI checks were not as thorough as they had believed. So "out of an abundance of caution," the agency resubmitted 2.7 million names in 2002 to be checked further, Bentley said.

    Rather than simply determining if the applicants were subjects of FBI investigations, the bureau checked to see if their names showed up in any FBI files, including being listed as witnesses or victims. About 90% of the names did not appear in the agency's records, FBI spokesman Bill Carter said.

    But for the 10% who were listed, authorities carefully reviewed the files to look for any "derogatory" information, Carter said. Because many documents aren't electronic and are in the bureau's 265 offices nationwide, that process can take months, if not years.

    "It is not a check of your name," said Chuck Roth, director of litigation for the National Immigrant Justice Center in Chicago, which also filed a class-action suit. "It is a file review of anywhere your name happens to appear. It has just created a giant bureaucratic mess."

    Although many of those stuck in the backlog are from predominantly Muslim countries, there are also people from Russia, China, India and elsewhere. They include government employees and Iraq war veterans. Many have been in the U.S. legally for decades.

    In one case decided in Washington, D.C., recently, a federal judge wrote that a Chinese man's four-year wait for permanent residency was unreasonable and ordered the government to decide on the application within three months. Petrovic, who has two U.S.-born teenagers, doesn't know what delayed her application. The only explanation she can think of is that her name is common in her native country.

    She and her husband, Ihab Abu-Hakima, also a Canadian citizen, applied for citizenship in April 2003 and had their interviews in February 2004. Her husband was sworn in that summer, while her application continued to languish. She checked the mail daily.

    When she still didn't hear anything, Petrovic contacted immigration officials, who told her that the FBI had her file and that it was still active. She also contacted her representative and her senator, whose offices asked Citizenship and Immigration Services to expedite the application. She filed a Freedom of Information Act request for her FBI file, which simply showed that she had never been arrested.

    "I have a feeling that the system has broken down," she said.

    Joining a Different Group

    In August, Petrovic joined an American Civil Liberties Union lawsuit filed in Northern California against the federal government. She is waiting to become a U.S. citizen so she can sponsor her elderly parents, who live in Canada and visit often.

    "Every time they leave, I feel bad," she said. "This is their life here, more than there."

    The problem extends beyond the disruption of personal lives.

    In his yearly report to Congress in June, immigration services ombudsman Prakash wrote that the policy on checking names "may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country." questioned the overall value of the process, writing that it was the "single biggest obstacle to the timely and efficient delivery of immigration benefits."

    The Department of Homeland Security has acknowledged the threat, last month announcing plans to work with the FBI to address the backlog and reduce delays. Citizenship and Immigration Services will reassess the way name checks are done and earmark $6 million toward streamlining the process, Bentley said.

    Though 99% of the agency's name checks are completed within six months, Bentley said, the lengthy delays for some applicants is "unacceptable."

    "That requires a lot of patience on the part of an applicant because they have to wait sometimes multiple years," he said.

    Nevertheless, he said, no benefit will be approved until that name check comes back clear. Security checks have produced information about sex crimes, drug trafficking and individuals with known links to terrorism, according to the agency.

    Carter, the FBI spokesman, said he understands that applicants waiting for answers are anxious, but he said the process is complicated and involves dozens of agencies and databases - and, in some cases, foreign governments.

    "The FBI's No. 1 priority remains to protect the United States from terrorist attack," Carter said. "To that end, we must ensure the proper balance between security and efficiency."

    In addition to clearing the backlog and processing the 27,000 new name checks it receives each week from immigration officials, the FBI is trying to accelerate the process by making more documents electronic. It is also adding more staff and moving resources to a new records facility in Virginia, Carter said.

    Mark Krikorian, executive director of the conservative Center for Immigration Studies, said the government needs to make sure that it carefully checks every application. And working with foreign governments is inevitably going to slow the process down, he said.

    "We correctly have much more stringent standards for immigration," he said. "I am not really sure that there is any way to do this kind of deep background check efficiently."

    But attorneys said that because of the inefficiency, the program isn't serving its purpose.

    "Let's say this guy is a terrorist or a criminal," Los Angeles immigration attorney Carl Shusterman said. "Why wouldn't the FBI rush the case?"

    Mervyn Sam, a South African native who got a green card in 1998, has been waiting more than four years for the FBI to complete his name check. Sam said his career has been affected by the delay. He lives in Anaheim and is a project manager at a software company but cannot work on certain government projects because he is not a U.S. citizen. He has sued the federal government.

    "I am not sure what the hiccup is on my end," he said. "It is very, very frustrating."

    Shusterman, whose office is representing Sam, said applicants waste their time by contacting the immigration services agency, the FBI or their legislators.

    "There is only one thing that works, and that is suing them in federal court," he said.

    --------

    anna.gorman@latimes.com





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  • shsharma_2000
    02-06 11:40 AM
    I went for H1B extn (approved Nov 2007) stamping on 15th Jan at New Delhi consulate. The person checking the papers at the outside window wrote - PIMS found on my appl form.
    I checked with the VO after the interview if I will experience any PIMS delay. He replied he would not have been able to process my application without PIMS entry being found and everything is good.
    Got the passport back on 18th.





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  • jkays94
    06-15 12:45 PM
    Does the letter need to have the same information as the LC. I can get a non I-485 related employment verification letter but here is the catch. The employer is dilly dallying on filing for I-485. The employer can give a letter with my job title which is "XYZ Developer" include salary, length of employment etc. But the "Final Determination" copy that I have says occupation: Computer Software Engineers, 15-1031. Does the letter have to state "Computer Software Engineer" or can it state "XYZ Developer" ? If it has to be the former that will only alert them that I am bypassing their stonewalling and the employer is only likely to refuse to include that as the job title. So which is which ? The job specific title ie "XYZ Developer" or the DOL title per the "Final Determination"



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  • Jerrome
    09-24 05:53 PM
    They are referring to the Perm Labor data for year 2009.


    I think one common mistake that is being made everywhere on this board since the USCIS data got out is to make assumptions on demand. We are only being shown data which shows pending applications from USCIS. If USCIS releases data of how much demand by priority date they were getting then its a different thing. When you say , are you basing that on this data released by USCIS or on something else. Because if you are then you are probably wrong. This data only tells you pending data as of Aug 2009 by priority dates. It could well be the case that USCIS got a lot of volume from Sep 2007 to Aug 2008 and processed them all and hence pending is less now. Hope you understand. The only way you can do it with some degree of success with current public data is by looking at PERM Filing data.





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  • shahuja
    02-05 04:54 PM
    hi singhv,

    no. VO said.."its approved and you should receive it by courier within a couple of days" now the embassy inquiry centre do not tell me why its delayed..i asked me them is it PIMS or some thing else..they say "sorry maam, we cannot say"
    i got no email, no slip, so i dont know if its stuck in PIMS or some checks ???

    And if its really NOT PIMS and something else, then how long does one estimate ?? how long could an administrative processing take ? how long could security check take ? how long could name check take ? etc etc..

    shahuja



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  • kph
    06-29 05:20 PM
    My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..

    Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..

    Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?

    Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...

    I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.





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  • pat123
    09-20 12:16 PM
    Did anyone see any Soft LUDs on their 485 or old EADs before their approvals/RFEs?

    My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.

    thanks,

    What is your NOTICE Date? Is it somwhere in SEPT 2007?



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  • snathan
    11-27 11:07 PM
    Well, whether a merchandise can be returned after using, depands on the nature of the merchandise and the level of customer service provided by the seller.

    If you are buying a TV or a home theater, you don't know if it is functioning properly until you use it. And returning it within stipulated "return period" is not only legal but also ethical.

    Some high-end sellers will even guarantee customer satisfaction by allowing a return any time, yes any time if the customer is not fully satisfied with their product. There is nothing unethical about this. That is why these high-end stores charge you a premium in the first place.

    Not allowing return of merchandise reflects the low level of customer service we used to get back home. Obviously that level of service expectaion has been engrained in us so much that we believe returning used merchandise, even when the customer is not satisfied, is unethical.

    If its not working, its called 'Defective'. Otherwise its called unethical. Understand the difference.





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  • amis121
    07-13 09:06 PM
    Dear Mr. Dobbs,

    Today you have proved how low you can get. You have criticized H1/L1 numerous times before and today your show criticized O1 visa, which is popularly, know as elite visa. This visa category is created for persons with international fame such as Nobel laureate, international fame athletes, musicians and entertainers. Today your show criticized none other than famous soccer player David Beckham. David is a highly successful international soccer player and his stature is often compared with top ten soccer player in the history of soccer. such as Pele, Maradona, Becanbaire, Platini, Ronaldo, Zidan and others. He is coming to play for LA team not to snatch your American middle class job. On the contrary he is going to help local economy grow when fans will completely fill the seats of soccer stadiums all over the USA. Unlike football soccer is not a mainstream American sports and most of the match organizers face hard finical decision to organize large soccer events. Wherever David Beckham goes fans follow him and all those empty seats will be filled within no time. WHEN STADIAMS ARE COMPLETELY FILLED FOR A MAJOR SPORTING EVENT, IT IS THE LOCAL ECONOMY THAT GETS THE MAXIMUM BENEFIT. So in other words Mr. David Beckham is coming here not to snatch middle class American jobs but to create jobs for them. IT�S THE ECONOMY STUPID.

    If you really care for middle class Americans why don�t you run for the President post? Can you make public statement of your annual income from your myopic shows, books sale and public appearances. If you really care so much for American middle class, let me ask you a very basic question. Can you show us one example where you have contributed to some organization that helps inner city kids (mostly blacks) improve job skills? Can you show us one example that you have motivated and convinced one high school drop out to go back to school and that kid followed your advice and went back to school?

    There are people like Governor Swaznegar (an immigrant), Magic Johnson you are silently doing exactly just that. These fine gentlemen created and funded (still continuing) organizations that provide on going job related training to inner city kids in Chicago, New York and many large cities so that they become productive American citizens.

    Come on Mr. Dobbs, show some character. Don�t just make publicity stances. Change America and provide equal opportunity for all. As a first step just become a mentor of Big Bother & Big Sister organization ( it won�t cost you a penny) and motivate a high school drop out (you may pick up a white kid because everybody knows you do not like other color) to go back to school. Present him on your show and make him as an example of how America is changing to face the challenges of globalization. The Americans are eager to see some character here. Come on Mr. Dobbs what are you waiting for!



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  • gc_aspirant_prasad
    07-10 10:29 PM
    Well done Dilip Tekkedil! Your quote in the Washington Post article was too good!

    Dilip Tekkedil, 32, a software engineer from North Andover, Mass., is one of the frustrated applicants who came up with the flower idea. "It was more peaceful," he said. "We don't trouble anyone else. A rally or something, you have to call law enforcement. It's too much trouble for other people." They do not hold hard feelings against Gonzalez. "I'd like to thank him for the job that he does. I know it's a thankless job," Tekkedil said. "I just hope that he could understand our plight as well."
    Dilip - well said , great idea!



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  • stuck_here
    01-25 12:08 AM
    Ask your attorney to resolve this through AILA.

    I will try this.. but my company seems to like a 'wait-watch' approach regarding this.. :o





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  • hoolahoous
    08-17 12:54 PM
    I got email for decision/post decision about a week back but no CPO email yet.



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  • sri1309
    03-10 12:11 PM
    VERY GOOD START. Thanks. Atlast, I am getting lot of positive comments and thoughts about the Citizenship. Let every one start working on this. Please post your response from your Senetor on your call.

    Sarala,

    Good job in creating the thread. Around the time when you started this or little before I too created one more asking Citizenship (I'm sure many more might have, too), but I would like to push your thread just to not divert attention to too many spots.

    We will make next week as a "WEEK OF ACTION". If you see my other thread ("can we send Pizza" thread) and many others, the common routine is to get many good ideas, but not much action.

    We will gather as much support as we can till this weekend and at the same time make sure we consolidate the contact information at one place who to contact, and then starting next week, we can start sending out our message as loud as we can.
    We must push for 5 years GC and 10 years Citizenship. I know how much painful it canbe for someone after 11 years waiting for GC, wheras others with 6-7 years in US applying for Citizenship. Not that they got it, but why we did not get it.
    And we will focus on points how we can contribute in this crisis.

    Others who are directly not benefited by this action:
    Please note all your seniors will be out of the queues and you will get your numbers faster.





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  • sri1309
    01-05 11:41 AM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.

    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.



    Hi,

    I would take off the point 4 related to owning the house as most of us are unable to do it just as greencard isnt in hand. I know how one can feel the pain of even owning the house without a GC, but trust me, there are very very few who would have bought a house with GC pending.,.

    I STRONGLY support Citizenship for anyone for 10 years in the US or waiting for 5 years after applying for GC. I have also voiced the same thing even before. Citizenship is what we need to request after this much wait,



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  • SunnySurya
    08-07 04:22 PM
    Well said, the principle applies here too!:)
    No, no ... Not a chance. We don't allow you you to port from red dots to green dots. If you want green dots, you can always start a new application (new Handle) with green dot (s). :) :)





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  • logiclife
    02-17 10:32 AM
    IV has hired a lobbying firm Quinn-Gillespie and associates, a top notch Washington communications(lobbying) firm to help us advocate a sound EB greencard legislation.

    That was announced last Wednesday.





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  • Macaca
    10-28 09:41 PM
    Lou Dobbs Makes Spitzer Nightly Pinata (http://www.washingtonpost.com/wp-dyn/content/article/2007/10/28/AR2007102800694.html) By LARRY McSHANE | The Associated Press, October 28, 2007

    NEW YORK -- Lou Dobbs is sorry about calling Gov. Eliot Spitzer an idiot.

    Sincerely. As for ripping the New York Democrat as arrogant, spineless and "a spoiled rich kid brat," the host of CNN's "Lou Dobbs Tonight" stands by those nationally broadcast broadsides.

    Absolutely.

    Dobbs has made Spitzer an almost daily target over his recent plan to ease restrictions on illegal immigrants seeking New York state driver's licenses, mixing vitriol with sarcasm while endlessly lambasting the governor's decision.

    The lifelong Republican has taken on politicians of every stripe, as when he blasted the Bush administration over port security. But his nightly diatribe against Spitzer is notable for its intensity, and for elevating a state proposal onto the national stage.

    "What he's doing is an outrageous, arrogant abuse of power," Dobbs said in an interview before a recent show. "He's pandering to a constituency aligned directly against the interests of U.S. and New York state citizens."

    Dobbs's ire boiled over Tuesday night when he ripped Spitzer as an idiot _ and then offered an on-air mea culpa.

    "I'm the idiot," Dobbs said. "Governor, I apologize for calling you one. Your policies are idiotic. But I have to apologize for calling you an idiot."

    Dobbs shouldn't hold his breath waiting for a bouquet of roses (the state flower) and a thank-you note from Spitzer.

    "Mr. Dobbs has clearly demonstrated that he is not interested in a real debate on New York's driver's license policy change," said Jennifer Givner, a Spitzer spokeswoman. "He has repeatedly refused to offer balanced coverage of the issue."

    Dobbs has turned the first-term governor into a verbal pinata over his September announcement that illegal immigrants with valid foreign passports could obtain a driver's license.

    Spitzer has said the plan, set to go into effect this December, would make New York safer by bringing its 1 million illegal immigrants "out of the shadows."

    On Saturday, Spitzer cut a deal with the Bush administration that would still allow the state to issue licenses to illegal immigrants _ although the agreement required that their licenses would be clearly marked to indicate they are not valid federal ID.

    While advocates on either side of the flap said Spitzer had backed down, Homeland Security Secretary Michael Chertoff was still upset by the state's decision to license illegals.

    The Spitzer decision reversed a 2002 order by former Gov. George Pataki issued after the 9/11 attacks, and placed Spitzer directly in Dobbs' cable crosshairs. But Dobbs, while perhaps the highest-profile critics of the plan, is not alone: a state poll showed 72 percent of New Yorkers opposed Spitzer on this issue, and New York Mayor Michael Bloomberg has also expressed skepticism.

    Spitzer, in a speech last week, noted that "despite the hysteria this policy has created in some circles, it is simply a return to the policy we had for most of our state's history."

    Dobbs is hardly swayed by the history lesson, complaining the relaxed license requirement could produce voter fraud and raise security issues. Spitzer has ignored repeated invitations to appear on the program, Dobbs said; the show has turned down guests supporting Spitzer, including former national counterterrorism adviser Richard A. Clarke, according to Givner.

    Dobbs, who has made immigration one of his show's centerpiece issues, was criticized this week in a New York Times editorial for his Spitzer bashing.

    "Mr. Dobbs has trained his biggest guns on Mr. Spitzer, branding him with puerile epithets like `spoiled rich-kid brat' and depicting his policy as some sort of sanctuary program for the 9/11 hijackers," the Times wrote. "Someday there may be a calm debate, in Albany and nationally, about immigrant drivers.

    "With Mr. Dobbs at the megaphone, for now there is only histrionics and outrage."

    Dobbs isn't expecting any apology from the Times. And he has few kind words for the newspaper.

    "The New York Times is the house organ for Gov. Spitzer," Dobbs said. "They're wrong on this issue, as they are on many others."

    Dobbs draws a nightly audience of roughly 800,000, making him second in CNN viewers to Larry King's nightly program. He has no intention of lightening up on Spitzer.

    "Why should I?" Dobbs asked. "He's wrong. This issue is of vital importance to the state of New York and the nation. My job as an advocacy journalist is to confront directly abuses of power and wrongheaded politics."

    And sure enough, 24 hours after his "idiot" apology, Dobbs was again taking shots at Spitzer.

    "This governor is irresponsible," Dobbs told his audience. "It's clear arrogance. ... He has declared himself to be what people hoped he would not be _ and that is an arrogant tool of special interests."





    Foster2007
    07-16 02:09 AM
    Can he be sued for repeatedly misreporting facts?





    GCWORRIES
    07-09 06:43 PM
    Whatever way it is USCIS has again lived upto its July fiasco, return I 485 applications without accepting and now send the flowers away to hospitals without accepting....end of the day...no evidence left behind..

    Seems popular logic with USCIS....



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