Class action Motion Was filed Today

[Rajiv S. Khanna]

Let us see how it goes folks. We have given it our best shot.

See attached.

[rajum]

Originally posted by operations
Let us see how it goes folks. We have given it our best shot.

See attached.

Congratulations Rajiv...
Lets keep up the fight !! We will win...


-rajum

[Edison]

I wish our I-485 lawsuit is certified class action without anyfight from CIS.

Thanks, Rajiv.

[kashmir]

Originally posted by operations
Let us see how it goes folks. We have given it our best shot.

Now, this LITIGATION is officially for EVERYONE !!
Let's FIGHT until we WIN.

[M101]

Mr. Khanna:

Just curious..The lawsuit is about the extraordinary delay in processing times. I know you have done your best to file the suit. and the government has requested for an extension. Is it possible this lawsuit can get caught in all these requests for extensions and the time taken between courts, plaintiffs and defendants? If that process is a long time (god forbid), it seems to be undermining the very importance of this class action law suit. Does the lawsuit entitle to any special/speedy hearing & arguments from both sides, given the very nature of the lawsuit?

Please let us know when you get a chance.

Sincerely

[rajum]

Originally posted by M101
Mr. Khanna:

Just curious..The lawsuit is about the extraordinary delay in processing times. I know you have done your best to file the suit. and the government has requested for an extension. Is it possible this lawsuit can get caught in all these requests for extensions and the time taken between courts, plaintiffs and defendants? If that process is a long time (god forbid), it seems to be undermining the very importance of this class action law suit. Does the lawsuit entitle to any special/speedy hearing & arguments from both sides, given the very nature of the lawsuit?

Please let us know when you get a chance.

Sincerely

This lawsuit is about perennial problem of delays in the backlogs...One cannot help for the delay which has already occured(including my case) but this might avert the delay that is going to increase...now the delay is around 20 months(assuming it is taking 26 months and 6 months is the legitimate period). According to some Govt. reports, the processing time might increase from 22 months to 33 months this year...already it has reached 27 months..

One more thing to note is that as long as we seek a legal remedy, you cannot escape the legal delays...the other way is to approach local congressman and senator and put a pressure on USCIS for immediate relief...

-rajum

[lz25888]

Great!
hope it will be certified!

[Elnegro]

MR KHANNA,

I would like to thank you for your honorable efforts and your constant support to this cause.

I was wondering what timeframe we should expect for this process?
When the defendants are suppose to respond?
Can they demand an extension?
When should we expect a desicion?
Can be appealed?

Again, thank you so much and God bless you
Elnegro

[dsatish]

Thanks Rajiv, for fighting so hard on our behalf, without taking any fees. We have all these useless politicians (congress men and senators) who are supposed to look at our problems and bang the USCIS for their inefficient and insensitive functioning. Atleast a good lawyer is helping us. We all will stand behind you and give what ever support you want. Let's fight with full force and expose the insensitive and idiotic way this USCIS is functioning.

[Rajiv S. Khanna]

Originally posted by Elnegro
MR KHANNA,

I would like to thank you for your honorable efforts and your constant support to this cause.

I was wondering what timeframe we should expect for this process?

+++++++++++++++11 days to respond (First week of April)

When the defendants are suppose to respond?
Can they demand an extension?

++++++++++++++++++++++Yes. They probably will. I was asked if I would agree to an extension, but I have declined to consent. It will be upto the court. They will probably get an extension for 10 days or so.

When should we expect a desicion?
++++++++++++++++++++Hard to say. Maybe in a couple of months.

Can be appealed?

++++++++++++++++++As far as I remember, no.

Again, thank you so much and God bless you

++++++++++++++++Thank you.
Elnegro

[reach_honey]

Thanks Rajiv for all you hard work.
And My Gut feeling is we will definetly WIN this lawsuit with settlements.

GOD BLESS YOU.

[M101]

While I appreciate your enthusiasm to jump in and give your view, I was not expecting a response from you. I am really not interested in opinions from applicants or other members in legal matters.

Give Mr. Khanna (and only Mr. Khanna), who is a lawyer and a legal expert, a chance to reply to my message.

Once again, thank you for your effort.

[ThelastMile]

Thank you Mr Khanna.

Just curious,
1) Were the signatures submitted? How many signatures did we get? I see that the petition has 1100+ signatures, but there are duplicates as well. Hoping that it is more than a 1000 unique signatures (unfortunately well short of original goal of 10,000)
2) The request for two subclasses : Members (and their derivative beneficiaries) and non members of immigrationportal.com. Looks like it was done for some strategic reason. Please comment on it, if significant.

[Rajiv S. Khanna]

Originally posted by M101
While I appreciate your enthusiasm to jump in and give your view, I was not expecting a response from you. I am really not interested in opinions from applicants or other members in legal matters.

Give Mr. Khanna (and only Mr. Khanna), who is a lawyer and a legal expert, a chance to reply to my message.

Once again, thank you for your effort.

His observations are essentially correct.

[Rajiv S. Khanna]

Originally posted by ThelastMile
Thank you Mr Khanna.

Just curious,
1) Were the signatures submitted? How many signatures did we get? I see that the petition has 1100+ signatures, but there are duplicates as well. Hoping that it is more than a 1000 unique signatures (unfortunately well short of original goal of 10,000)
2) The request for two subclasses : Members (and their derivative beneficiaries) and non members of immigrationportal.com. Looks like it was done for some strategic reason. Please comment on it, if significant.

There was no need to submit. I just made a representation to the court that we can get 1,000 or more affidavts to demonstrate that the community trusts our work. see the attached affidavit.

[green_fever1]

I seen on the service center processing, it is kind of race. In a week they covered one month that too in TX service center.

Thanks Rajiv

I am in for any help required.

[jat]

USCIS's report card on it's completion of first year. No wonder they are getting C+

http://www.tcf.org/Publications/Home...y/overview.pdf

And in backlog reduction/processing times they get D.

[dilemma_struck]

As per the online case status page, my application was approved on March 11, 04. When I read of the approval online, that had been granted after many long months months of being on tenterhooks, I didn't even know how to react. I almost became hysterical and incomprehensible - my husband thought I was having a stroke :-) To think that we have been reduced to feeling so grateful for what should be a rightful occurance for us...!!!
Why do I subject this community, whom I barely know through posts and emails, to this extremely personal and emotional harangue? Because I want to know how I can still help out... I think the way we are being/ have been treated is deplorable, and I would like to help in any way possible to right this situation. Without going on and on like a supposedly "surprised" Oscar winner, I just want to say thanks to everyone in this community who suffered through this with me for their help and support.
- vn

[dasarihp_newid]

There was a recommendation for improving backlog reduction/processing in the document. I think this document can be used to our advantage in the law suit.. BCIS should agree to those points that Mr.Rajeev is proposing, that would definetly give temporary relief till the I-140/485 cases are approved..

Originally posted by jat
USCIS's report card on it's completion of first year. No wonder they are getting C+

http://www.tcf.org/Publications/Home...y/overview.pdf

And in backlog reduction/processing times they get D.

[jat]

My apology if this fact has been pointed out earlier in the discussion forums or not. I would like myself and everyone to get Rajiv’s opinion about this seemingly misrepresentation of the facts. As if I am not mistaken, we (all immigration beneficiaries) are USCIS’s customers and are entitled to fair and accurate representation of facts. Any false representation is against the law.

Here is my point. On Feb 2, 2004, USCIS claims that “Today, and each business day, USCIS will: ” … “ issue 20,000 green cards;” Please see last paragraph in this link:

http://uscis.gov/graphics/publicaffa...klogfy2005.pdf

32 days later, they say that “Major volumes of pending cases at the end of January 2004 include: 1,984,710 I-130 relative petitions; 1,236,226 I-485 permanent resident adjustments; 639,198 I-90 Green Card renewals/replacements; and 306,059 I-765 employment authorizations.” Please see last paragraph in this link:

http://uscis.gov/graphics/shared/abo...04/BENEFIT.HTM

Even if we add 1,236,226 I-485 and 639,198 I-90 Green Card renewals/replacements, the total # of green cards are 1,875,424. With a rate of 20,000 green cards the entire backlog should be cleared by end of 94 days from Jan 31, 2004 i.e. May 5, 2004.

Rajiv, unless I am missing anything here, we all know that is not going to happen. In fact, USCIS is nowhere near to this magic number. Can we use this false representation or advertisement in support of the lawsuit?

[kashmir]

Rajiv,
I have just checked the list of signature for Backlogs in I-485 Processing, and found the following message almost at the bottom.

Aram Arumugam
CA US
ND: 9/26/2001
RD: 11/1/2001
******* A SAD STORY *******
I am perhaps the worst affected because of the I-485 processing delays.My husband is the primary applicant on our Green Card application. Our AOS receipt date is Septemeber 2001. Since then we were patiently waiting for about 28 months for our I-485 approval. In the midst of this, the most unfortuante thing happened. My husband passed away on Feb 2004 and I am told that the US Govt. can do nothing to give me any kind of support. Had this delay not been there and our papers processed within the time promised, may be I shouldn't have to leave the country within a week as I did now. I want someone to lend an ear to my problem and do something to help me out. I have been working all through my stay in the U.S which about seven years have been paying my taxes.Along with my husband we had literally put our lives on hold until we got our Green Cards. If the Govt. can bring in some motion into protecting such people, atleast in the future someone wouldn't have to go through what I am going through now.

[jat]

Originally posted by kashmir
Rajiv,
I have just checked the list of signature for Backlogs in I-485 Processing, and found the following message almost at the bottom.

Extremely sad indeed. This is the extreme that could happen to anyone of us who is going through AOS. I am pretty sure that USCIS would tout the law and reject the green card. First the community’s heart felt deep condolences to the lady and second this incident should deepen our resolve to stand against the injustice that is being done to us.

Rajiv, would it be wise to send this incident to the USCIS’s legal representative and/or to the honorable judge, to demonstrate how dearly USCIS’s action (rather inaction) is costing the very people who have been contributing to the nation’s economy.

[cinta]

Originally posted by kashmir
Rajiv,
I have just checked the list of signature for Backlogs in I-485 Processing, and found the following message almost at the bottom.

kashmir,

You pointed this out, I think, a long time ago..
Is there any way we can help, get in touch??

[tmc]

i hope the court realizes the problems on our side and give a decision fast, as well as recommend the legislators for some changes to provide protection against these sort of incidents.

GOD BLESS EVERYONE!!!

edit- and yeah i hope _they_ (whoever is responsible for the misrepresentation of the facts) get punished!!! how come nobody notices this sort of absurdity?

[dsatish]

Originally posted by dilemma_struck
As per the online case status page, my application was approved on March 11, 04. When I read of the approval online, that had been granted after many long months months of being on tenterhooks, I didn't even know how to react. I almost became hysterical and incomprehensible - my husband thought I was having a stroke :-) To think that we have been reduced to feeling so grateful for what should be a rightful occurance for us...!!!
Why do I subject this community, whom I barely know through posts and emails, to this extremely personal and emotional harangue? Because I want to know how I can still help out... I think the way we are being/ have been treated is deplorable, and I would like to help in any way possible to right this situation. Without going on and on like a supposedly "surprised" Oscar winner, I just want to say thanks to everyone in this community who suffered through this with me for their help and support.
- vn

Congrats on your approval. We (core team members), with the active help of Rajiv Khanna, are working on forming the organisation to fight for legal immigrants. We have already incorporated the new organisation as "immigrationportal.org" and currently we are designing that website (www.immigrationportal.org). It should be open for public within 10 or 15 days. Once we are ready, we will collect donations from people and use that money to fight for our rights. So please try to visit that site after 2 weeks.

[hidden_dragon]

Besides using as an example of 485 backlog hardship, we as a community should help in anyway we can! This lady should definitely get in touch with Rajiv to file a personal case.

Originally posted by kashmir
Rajiv,
I have just checked the list of signature for Backlogs in I-485 Processing, and found the following message almost at the bottom.

[hidden_dragon]

I don't know if it would help her to get in touch with her congressman and senator?

Originally posted by kashmir
Rajiv,
I have just checked the list of signature for Backlogs in I-485 Processing, and found the following message almost at the bottom.

[rajum]

Originally posted by hidden_dragon
I don't know if it would help her to get in touch with her congressman and senator?

It is very sad one...I realised that when I read a similar story with the primary applicant passing away in a car accident.

I don't want to sound pessimistic but apart helping her morally and may be some kind of financial help, legally we cannot do anything.
We can avoid this in future if we can introduce reforms or if we achieve our eight point settlement agenda....

-rajum

[coolglobal1]

Originally posted by kashmir
Rajiv,
I have just checked the list of signature for Backlogs in I-485 Processing, and found the following message almost at the bottom.

Aram Arumugam
CA US
ND: 9/26/2001
RD: 11/1/2001
******* A SAD STORY *******
I am perhaps the worst affected because of the I-485 processing delays.My husband is the primary applicant on our Green Card application. Our AOS receipt date is Septemeber 2001. Since then we were patiently waiting for about 28 months for our I-485 approval. In the midst of this, the most unfortuante thing happened. My husband passed away on Feb 2004 and I am told that the US Govt. can do nothing to give me any kind of support. Had this delay not been there and our papers processed within the time promised, may be I shouldn't have to leave the country within a week as I did now. I want someone to lend an ear to my problem and do something to help me out. I have been working all through my stay in the U.S which about seven years have been paying my taxes.Along with my husband we had literally put our lives on hold until we got our Green Cards. If the Govt. can bring in some motion into protecting such people, atleast in the future someone wouldn't have to go through what I am going through now.

This is a very poignant case and if I had the power I would approve you right away (conditionally if not fully).

Which leads me to beileve that the people in power will definitely help. America is kind and compassionate so speak to your congressman and senator and write to the President the way you have moved us here.
Your GC is the least America can do to sympathize with you.

Stay strong.

[Rajiv S. Khanna]

Originally posted by ThelastMile
Thank you Mr Khanna.

Just curious,
1) Were the signatures submitted? How many signatures did we get? I see that the petition has 1100+ signatures, but there are duplicates as well. Hoping that it is more than a 1000 unique signatures (unfortunately well short of original goal of 10,000)
2) The request for two subclasses : Members (and their derivative beneficiaries) and non members of immigrationportal.com. Looks like it was done for some strategic reason. Please comment on it, if significant.

Regarding 2., we had our reasons but they are more a matter of addressing aome possible legal obstacles than anything else. No impact on the lawsuit.