Friday, April 29, 2005

the uscis is so stupid...

how stupid are they? let's take a survey over the past two days:

proposed new o/p visa regulations that state in the preamble that you can file an o/p visa petition up to 12 months in advance, but not earlier than 6 months. this is utter stupidity. to add to the utter stupidity, the actual text of the reg, published in the federal register at 70 fed. reg. 21983 (4/28/05), does not match what the preamble says. the actual proposed text of the reg states: "The petition may be filed up to one year, but not earlier than 6 months, before the actual need for the alien's services." they take months (if not years) revising these regs before they are published, you think someone, anyone, would have read that sentence and have said, "this doesn't make any f*!%ing sense!"

in a request for evidence, the ever intelligent adjudications staff at the csc tell me that someone is subject to special registration per 67 fed. reg. 70526, which states that citizens of certain countries who were in the U.S. on december 2, 2002, are subject to special call-in registration. the crack uscis adjudicator says the fr notice requires individuals who were here at that time had to registerd by a certain date or "at time of entry thereafter." they are wrong on two counts. first, port-of-entry registration is only for citizens of iran, iraq, libya & sudan (see 67 fed. reg. 57032). (needless to say, the individual is not a citizen of one of those ocuntries.) no other countries have been designated. second, the fr notice for call-in registration is only for call-in registration, not port-of-entry registration. they are two completely different concepts. the call-in registration, described in the fr notice they simply required you to present yourself by a certain date, notify immigration of any address changes and report when you departed. there is not one mention in that rule about registering upon subsequent entries nor is there any rule about subjecting individuals to port-of-entry registration. they are too stupid to be able to read and understand their own regulations.

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