Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

Absurdity of visa bulletin and priority dates

Does anyone else think along the same lines here. I think the visa bulletin should only have "C" or "U". There's no statutory requirement for FIFO processing by USCIS. Neither are they actively expediting name checks when they are stuck. What essentially they are doing by having priority dates is artificially creating a back log. This PD thing makes sense only when the process was not disturbed by name check 5 years ago. But now some people get cleared quickly and some are not. It has become a casino game or Russian roulette nowadays. I don't see a need for the visa bulletin at all.
 
that is absolutely true

AGC4ME said:
Does anyone else think along the same lines here. I think the visa bulletin should only have "C" or "U". There's no statutory requirement for FIFO processing by USCIS. Neither are they actively expediting name checks when they are stuck. What essentially they are doing by having priority dates is artificially creating a back log. This PD thing makes sense only when the process was not disturbed by name check 5 years ago. But now some people get cleared quickly and some are not. It has become a casino game or Russian roulette nowadays. I don't see a need for the visa bulletin at all.
Click to expand...

I think these lazy people at USCIS and FBI don't concern about how the immigrants feel at all.
I work for goverment agent as well and I know how it operate and how people could get so lazy. Most of them got so fat( remeber they don't have to do anything if they don't want to and won't get fired as long as they play
politics well) and have to worry about the weight-reducing strategy or their diabetes or high blood pressure. THAT IS HOW AN GOVERMENT AGENT OPERATE IN US!!
 
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Bondarenko vs Chertoff case is published

Slow_CIS said:
1- Do you think there is a chance that Bondarenko v. Chertoff , 2007 U.S. Dist. LEXIS 67143 (W.D.N.Y. Sept. 8, 2007) be published? If and when published, it will be the harshest rejection of Safadi case.

2- As per your advice I have found and read pilica v. ashcroft in the 6th circuit. Actually I had noted this case in your reply brief a month ago as it was the only 6th circuit citation. I also looked up the cases cited to Pilica but there are more than 114 cases. Most of them have referred to the matters other than the jurisdictional discussion of the pelica. Is there any smart way on Westlaw or lexis search to narrow down the context of the citing cases?

3- Have you seen Abu-Khaliel (6th circuit, 2006)? It seems a useful one to me.
Click to expand...

Slow_CIS and Lazy_CIS.
Bondarenko v. Chertoff , 2007 U.S. Dist. LEXIS 67143 (W.D.N.Y. Sept. 8, 2007) was published (posted). At least at PACER.
===============================
This is incredible.
Look at these lazy clowns. For 3 and a half years they tell to Bondarenko that everything is fine, we work on it etc. and never bother to adjudicate his case.

After Judge denied their MTD on Sept 11, 2007, they approved his case 9 days later. It is just one stamp.

I don't think they work hard 9 days on his case. Some person take a look on a screen, ponder over a little and in one day everything was done.

WoM was filed as 1/17/2007 and MTD sometime ~ 3 month later.
His WoM has a lot of good template letters for AG, Senators, COngressmen and to FBI and USCIS.
 
feeling of people at USCIS and FBI

wommei said:
I think these lazy people at USCIS and FBI don't concern about how the immigrants feel at all.
I work for goverment agent as well and I know how it operate and how people could get so lazy. Most of them got so fat( remember they don't have to do anything if they don't want to and won't get fired as long as they play
politics well) and have to worry about the weight-reducing strategy or their diabetes or high blood pressure. THAT IS HOW AN GOVERMENT AGENT OPERATE IN US!!
Click to expand...

Wommei

If it were only "not concerns and lazyness"...we would have been adjudicated in the order of our I-485s were received.
6 month maximum. We are purposefully stopped through an excuse [today it is NNCP, few years ago it was IBIS]
Here we have a clear case of discrimination based on national origin.
Another part is fear/hatred of certain class of people that their "place" will
be taken over by a more qualified immigrants (typically people who say so are children of immigrants!) So there is clear discrimination based not only National Origin but also on intellect. This discimination is clearly of arbitrary and capricious nature.

(Look for example Bondarevski case, look on many Chinese and Indian cases-
brightest, smartest people are stopped).

This is xenophobic type of discrimination as well. National Origin discrimination is plain and clear, there maight be other categories. This discrimination is institutionalized and supported by Government. Ironically the person in charge of the insitution that execute this policy, Michael Chertoff, is also [grand]son of immigrants from the country whose nationals discriminated the most.

My question to audience. Is it Department of State that initiate/support/encourage/write templates/send orders for this policy?
Is this smart policy invented by Mr. President himself ?
I highly doubt. Then who is(are) the orchestrator(s) ?


There is a vise saying:
"Fish stinks from the head."

I think it will be historically clear who exactly are the fishes, but does anybody know the names of these architechs today ?
=============================================================================================
What I replyed should have been called "action of FBI and USCIS" rather than "feelings". Each individual person in FBI or USCIS symphatizes with you: "We maybe destroying your career, your life but...err... I feel it for you err...buddy"
I do honestly believe that all people in USCIS and FBI are educated and kind people.
They just got orders to table your case indefinitely and they do.
They don't inflict torture on you directly. Your case does not sit on their desk. It will be too cruel for them.

People who got orders to burn or kill others in WWII also symphatized with people who they burn.
They were sorry for them [sometime in thoughtful periods of their lives] for the rest of their lives. They were good and kind people otherwise.[family men, included in ethical committees, vote, paid taxes, went to worship place etc.]
 
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Agc4me

In LexisNexis, do you know how to hide the head notes when you saving the document in pdf format? Also is there any way to make sure that each page in the pdf download only contains the same corresponding page appeared in Fed Sup? Something like a page break etc. The same way it is implemented in justia supreme for Supreme Court opinions.
 
Hiram

Hiram said:
Vicky congrats
can u plz give us someinfo on ur case (type and time line)
thanks
Click to expand...

Thank you, Hiram.

My case is based on family petition. I filed I-484 on December of 2003, name check is submitted on the same month, i waited almost 4 years for the name check. I filed wom pro se on June 2007, had status hearing on September. The AUSA said he will file motion to dismiss in the court, but then the next day, I got letter from FBI that name check is cleared.

Hope that helps.
 
question

Filed I-485 in Oct 2005
FP Dec 2005
1st EAD Jan 2006
Interview April 2006 - approved, name check pending !!!!
2nd EAD received Jan 2007
sent letters to 1st lady, senators, congressmen, received letter from FBI that name check is still pendin
Filed law suit April 2007
2 extensions by AUSA
AUSA filed MTD in Aug 2007
Opposition to MTD Aug 2007
Submitted application for 3rd finger print in Aug 2007 and finger print taken
Order from judge dismissing the case (NJ) for lack of jurisdiction Sept 2007
Received a letter to re-do finger prints for I-485 in Oct 2007

could this be a good sign that I got 2nd finger printing for green card?
should i make info pass after the finger printing or is it not worth it?

I am planning on appealing of course !!!!!!!!!!!!!!!!! GOING ALL THE WAY !!!!
 
OLKO said:
Wommei

If it were only "not concerns and lazyness"...we would have been adjudicated in the order of our I-485s were received.
6 month maximum. We are purposefully stopped through an excuse [today it is NNCP, few years ago it was IBIS]
Here we have a clear case of discrimination based on national origin.
Another part is fear/hatred of certain class of people that their "place" will
be taken over by a more qualified immigrants (typically people who say so are children of immigrants!) So there is clear discrimination based not only National Origin but also on intellect. This discimination is clearly of arbitrary and capricious nature.

(Look for example Bondarevski case, look on many Chinese and Indian cases-
brightest, smartest people are stopped).

This is xenophobic type of discrimination as well. National Origin discrimination is plain and clear, there maight be other categories. This discrimination is institutionalized and supported by Government. Ironically the person in charge of the insitution that execute this policy, Michael Chertoff, is also [grand]son of immigrants from the country whose nationals discriminated the most.

My question to audience. Is it Department of State that initiate/support/encourage/write templates/send orders for this policy?
Is this smart policy invented by Mr. President himself ?
I highly doubt. Then who is(are) the orchestrator(s) ?


There is a vise saying:
"Fish stinks from the head."

I think it will be historically clear who exactly are the fishes, but does anybody know the names of these architechs today ?
=============================================================================================
What I replyed should have been called "action of FBI and USCIS" rather than "feelings". Each individual person in FBI or USCIS symphatizes with you: "We maybe destroying your career, your life but...err... I feel it for you err...buddy"
I do honestly believe that all people in USCIS and FBI are educated and kind people.
They just got orders to table your case indefinitely and they do.
They don't inflict torture on you directly. Your case does not sit on their desk. It will be too cruel for them.

People who got orders to burn or kill others in WWII also symphatized with people who they burn.
They were sorry for them [sometime in thoughtful periods of their lives] for the rest of their lives. They were good and kind people otherwise.[family men, included in ethical committees, vote, paid taxes, went to worship place etc.]
Click to expand...

Having been through this mess I believe that the name check policy itself was not devised with any discriminatory intent. But the reality is that it ends up doing exactly that but, and this is important, for random groups of people of different ethenic origin. Imagine you have to find bad guys among a big population of what you consider as forgieners. If pressed for resources and being 'fair' is a lesser priority than not letting even 1 get away, you will implement a simple policy that says, I have a list of 'forgien sounding names' who have encounters with law enforcement, good or bad, so if a name 'sounds' like one of these guys dont automatically pass him, let someone check him out. The problem is that this policy has generated 325000 names for a resource pool of possibly 80 people to check!!! It is a problem, but given the list of problems the administration has to tackle it may look like an insignificant one to them. Federal court is the best solution for anyone who feels this is unfair.
 
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lotechguy said:
Having been through this mess I believe that the name check policy itself was not devised with any discriminatory intent. But the reality is that it ends up doing exactly that but, and this is important, for random groups of people of different ethenic origin. Imagine you have to find bad guys among a big population of what you consider as forgieners. If pressed for resources and being 'fair' is a lesser priority than not letting even 1 get away, you will implement a simple policy that says, I have a list of 'forgien sounding names' who have encounters with law enforcement, good or bad, so if a name 'sounds' like one of these guys dont automatically pass him, let someone check him out. The problem is that this policy has generated 325000 names for a resource pool of possibly 80 people to check!!! It is a problem, but given the list of problems the administration has to tackle it may look like an insignificant one to them. Federal court is the best solution for anyone who feels this is unfair.
Click to expand...

I totally agree with lotechguy. I was following this forum for about a year and studied probably several hundreds of lawsuits for stalled naturalization applications (and in a lot smaller extent, stalled I-485 cases). I found that the vast majority of the lawsuits were filed by people from countries with muslim majority, or (former) communist countries as well as from India. But there were German, Canadian, Italian etc. nationals as well. Try to put yourself in the situation of the responsible person for these checks. Who would you scrutinize the most? People coming from countries who are (or used to be) not so friendly to US. Who are coming legally in this country? Mostly educated people. So it is not unexpected that people who got stuck in the process are in majority educated. What is the country of origin for most of the legal immigrants coming in this country? My guess that China, India and the former Eastern Block countries are certainly close to the top. So don't be surprised that they are also the majority of plaintiffs in these cases.

These observations are subjective and not based on a scientific study or hard, complete statistics. USCIS might have such a statistics, but to the best of my knowledge, it is not available publicly.

I totally understand OKLO's frustration (because I went through this myself) but doesn't help to fabricate theories, which are not based on hard statistical data. Let's focus on the original goal of this forum to help each other with facts, advices, answers to factual questions, because as lotech stated at the end of his posting: "Federal court is the best solution for anyone who feels this is unfair".
 
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Discrimination based on National Origin? This is ridiculous ?!

paz1960 said:
My guess that China, India and the former Eastern Block countries are certainly close to the top. So don't be surprised that they are also the majority of plaintiffs in these cases.

These observations are subjective and not based on a scientific study or hard, complete statistics. USCIS might have such a statistics, but to the best of my knowledge, it is not available publicly.

I totally understand OKLO's frustration (because I went through this myself) but doesn't help to fabricate theories, which are not based on hard statistical data. Let's focus on the original goal of this forum to help each other with facts, advices, answers to factual questions, because as lotech stated at the end of his posting: "Federal court is the best solution for anyone who feels this is unfair".
Click to expand...

Paz1960,

I want to clarify my point of view.

Maybe I had frustration over this issue...a year ago.
Not anymore. I am left with with cold-blood statement of facts.

Facts:
1) List of 16 counries is published by USCIS. Aside India and China, Ex-Soviet and Muslim block there are developed countries in the list. There are countries that are true US allies- for example, Canada and Great Britain in this list as much as can remember. The list was created based on immigration statistics.
Message is next: "Influx of foreigners to this country is too big. We have to do something". They did.
People who are denied I-485 and N-400 adjudication for many years maybe collaterally damaged due to this policy.
So I may not disagree with you. Evil intent- this is too far.
But "we get this delay becasue of lazyness of USCIS" this is also too far to simplistic end. Policy was "designed" to produce some effect.
Policy was issued to at least "to get message accross".

2) USCIS and DHS do not make a secret that they want to and will limit # of people of certain national origin (who may get green card and/or become US citizens) from "Over-representation". They did not published all methods how, but at least they published one.

Many people do not want to accept it right now "as discrimination based on National Origin". When I ve heard it for the first time- I was STRONGLY objecting to it and discarded it as archaic/low-level and having nothing to do with civilized USA. This rejection continued for more than 2 years.

I hope this effect of random delays [without any explanation] be history with time. But it is here right now.
 
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paz1960

paz1960,
So nice to hear from you again in this forum, please come visit often! I have a question for you and really want to hear what you think. My WOM (through lawyer) was filed in January this year, AUSA filed MTD in April, meanwhile asked NC expedition for me. I filed OPP to MTD in April and since then I have been waiting for judge to rule on MTD for more than 6 months now. My lawyer doesn't think there's anything we can do to make the judge rule as soon as possible even though 6 months passed. I plan to file MSJ, request discovery, but my lawyer disagree. I'm very frustrated, I have 2 choice, continue to wait (my NC pending for 4+ years now), or file MSJ, but I need discharge my lawyer to file myself since my lawyer is against it.

My concern is does this have a negative effect on my case. Usually people go pro se first and hire a lawyer when case become complicated. If I discharge my lawyer, I need fight all the way till Appeal if judge ruled to grant MTD. How tough is the appeal process, how long it takes, how many cases won the appeal so far...


paz1960 said:
I totally agree with lotechguy. I was following this forum for about a year and studied probably several hundreds of lawsuits for stalled naturalization applications (and in a lot smaller extent, stalled I-485 cases). I found that the vast majority of the lawsuits were filed by people from countries with muslim majority, or (former) communist countries as well as from India. But there were German, Canadian, Italian etc. nationals as well. Try to put yourself in the situation of the responsible person for these checks. Who would you scrutinize the most? People coming from countries who are (or used to be) not so friendly to US. Who are coming legally in this country? Mostly educated people. So it is not unexpected that people who got stuck in the process are in majority educated. What is the country of origin for most of the legal immigrants coming in this country? My guess that China, India and the former Eastern Block countries are certainly close to the top. So don't be surprised that they are also the majority of plaintiffs in these cases.

These observations are subjective and not based on a scientific study or hard, complete statistics. USCIS might have such a statistics, but to the best of my knowledge, it is not available publicly.

I totally understand OKLO's frustration (because I went through this myself) but doesn't help to fabricate theories, which are not based on hard statistical data. Let's focus on the original goal of this forum to help each other with facts, advices, answers to factual questions, because as lotech stated at the end of his posting: "Federal court is the best solution for anyone who feels this is unfair".
Click to expand...
 
Olko

Well, while I can understand and agree certain limits on GCs to maintain diversity of immigration (otherwise India and China will prevail), I cannot understand how this principle can affect naturalization. It's not the same. Naturalization has no annual limits.
As for discrimination, I afraid you're making wrong labels. This called profiling and I truly believe we're profiled. You dislike profiling because of constitution of this country that all man are equal. But in reality our delay is not denial our rights to pursuit happiness. Discrimination is when you are not allowed to go to same Publix with citizens or send you children to public schools. But it's not the case. We only cannot vote but otherwise we are pretty much the same. Even I485 folks can stay and work in this country while process pending. Please be fair this this country. Our delay caused by inability of government to react quickly in critical situation. They know what needs to be done but don't know how. This is often happened in democratic countries with long chain of approvals before anything could be done. But you should understand that primary role of government (USCIS in our case) is to protect people of United States and it is what you can see every day on USCIS.gov website and what it's director keeps to say every time he posts something. And only after that they can work on your case.
As for profiling - every country has some sort of profiling and there's nothing wrong with that. Since administration divides world on friends, enemies and suspicious it is understandable why USCIS pays so much attention to some countries and there is valid reason behind. Traditions American fear for communism cause problems for Chinese and x-USSR; war on terror - some others; war on drugs yet another. They cannot trust you just because you said so. Unfortunately, 320K backlog shows that it's not working and it will take years before better solution will be implemented. I'm pretty much sure they have plan but it takes years for implementation.

So moral behind it - live your own life and sue them if you take it too personaly.
 
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z350

There is a simple solultion and it will not take years to implement it - reinstate NC process for AOS cases that was in place before December 2002 or keep the same process in place, but approve I-485 even if NC is pending. The USCIS has the authority to rescind permanent residency so if NC result will prove that a person is a bad guy, it's easy to boot him/her out. The NC is not required for AOS by statute and it brings nothing other that inconvenience and suffering to people. Pending I-485 gives bad guys the same degree of freedom to do whatever they can do with the GC. So thre is absolutely no point in requiring the completion of NC before GC can be issued. It's just inconceivable to me that the officials in the FBI/UCSIC do not want to recognize such a simple solution.
 
lazycis said:
There is a simple solultion and it will not take years to implement it - reinstate NC process for AOS cases that was in place before December 2002 or keep the same process in place, but approve I-485 even if NC is pending. The USCIS has the authority to rescind permanent residency so if NC result will prove that a person is a bad guy, it's easy to boot him/her out. The NC is not required for AOS by statute and it brings nothing other that inconvenience and suffering to people. Pending I-485 gives bad guys the same degree of freedom to do whatever they can do with the GC. So thre is absolutely no point in requiring the completion of NC before GC can be issued. It's just inconceivable to me that the officials in the FBI/UCSIC do not want to recognize such a simple solution.
Click to expand...

Agree. Remove reference files from the search and things should flow smoothly. Those who processed green cards before 2002 are surprised when I say AoS takes 4 years now a days. Normally such delay used to be in the labor process. AoS is just a stamp. USCIS and FBI are basically screwing us, themselves and american tax payers in addition to putting the country at risk.
 
AGC4ME said:
Agree. Remove reference files from the search and things should flow smoothly. Those who processed green cards before 2002 are surprised when I say AoS takes 4 years now a days. Normally such delay used to be in the labor process. AoS is just a stamp. USCIS and FBI are basically screwing us, themselves and american tax payers in addition to putting the country at risk.
Click to expand...

Let them continue to check the reference files in the background. If all other checks are OK just give the GC . If ( say after 6 years ) they find that reference file analysis brings critical stuff then cancel the GC and deport the applicant. Cancelling GC is not a big deal. But cancelling Citizenship may be involved. So, for a start try this scheme with I-485 process.
 
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