Attached is the Complaint we have filed

Rajiv S. Khanna

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
The community at ImmigrationPortal.Com and other concerned people have filed a law suit against Immigration Services (USCIS) on 22 December 2003.

Please read attached complaint. Add your comments please.

Regards. Rajiv.
 
I am leaving town

When I come back, I will explain the tasks left for us to do.

Here is the gist:

We should again start a fresh push to Congressmen,
Khatri and other CIS officials. Once the law suit is
filed (which we have already done), we can send a copy of complaint to our
congressmen. Also we should approach all the sponsors
of Infrastructure Improvement act, so that they might
bring back those issues again in Congress and also
they might question the appropriate CIS officials.


Publicity: Let's try to reach all ethnic
organizations(Indian, Chinese, Russian, Latinos,
......), organizations like IEEE, Big
corporations,.......... Let's gather the support of
everyone for our cause. Have them issue statements in our support, call their Congressmen....
 
You are all very welcome

The idea of a community is for each one of us to do what we can. Well, our team can do the legal part. You folks have to do the rest.

I am off to Canada for 4-5 days. Let me get back and prepare a dynamic action plan outline for us.

We are in the process of serving the government. It should be done this week. Once they are served, they will have 60 days to answer.

I wish they would setlle the case and just do something about the delays. But knowing USCIS, they may find it easier to fight.

If we fight, do not expect anything major until about a year.

The reason for contacting members of Congress etc. (see my post above) is to make USCIS realize that there are people watching over their actions. They need to pay attention to this area of their responsibility.

I do not believe they are evil. they are just like any other bureaucracy - indifferent.

Please do not thank me any more. I am privileged to have your trust and support, as much as your are glad of mine. Let us get the job done.
 
Re: Is this a "Class Action Law Suite?"

Originally posted by smisra
This is truly inspiring. It is easy to feel hopeless and frustrated. What matters is action. I wish I had Rajiv as my lawyer when I started my GC.

Rajiv, thank you and hopefully you (we all, the aspiring immigrants) win.

Kind regards,
Satya Misra
I-485 Filing Date: Oct 15, 2002
I-485 Notice Date: Oct 21, 2002

p.s. How can I support you? I am a Sales and Marketing guy. I can especially help with Public Relations campaign.
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Yes, it is a class action. We have requested that the court treat us as a class. The determination will be made by Judge Robertson in time.

As to what you can do, use your PR skills and help us. :)
 
Re: Thanks and may the force be with us!

Originally posted by DaoMingTze2
Thanks to Rajiv, Homa and everyone else behind this effort. It is amazing that all of us not knowing each other, can get together online and organize this effort. Hopefully this lawsuit would bring more attention to our cause, and inspire the community to c\voice out.

I am currently reading a book by Studs Terkel, Hope Dies Last. It is a truly inspiring book about daring ordinary people who individually and collectively change their community and ultimately the nation through social activism. I highly recommend it!
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I am humbled by the wonder of it all, indeed. Community lends great strength.
 
Please wait

Originally posted by compudada
How about including I-140 delays in this lawsuit? It's taking more than 12 months at Vermont Service Center.
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These delays are still not as heinous as the 485 delays. Let us wait on this a bit.
 
Re: Thanks Rajiv; Comments on Relief from court

Originally posted by 485Alcatraz
Thank you Rajiv and all your team for the unrelenting pursuit of justice. One cannot help but choke up while reading through the filing because it puts words to our suffering, individual and collective. Thanks again for all you are doing.

Comment on Relief from Court:

- Can we suggest to the court that one way to avoid repeated EADs/APs is to direct DOJ/USCIS to issue notices to all Pending AOS applicants in writing, extending the validity of current EADs/APs till the AOS application is decided?

- This might be a little more hopeful than realistic, but do the courts have authority to direct USCIS to approve all cases older than 2 years and cleared by FBI, unless thay can show cause, on a case by case basis.

Best Regards.
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We should let CIS decide "how." We should only request "what" we need in most matters. The court does not have authority to dictate "approval" but it can require "adjudication."
 
For now

Originally posted by vicky_usa
Is there any way we can create a file with name of organization, point of contact, telephone and fax number. i know there is a site for congress man and fed guys, but do we have anything related to other persons.
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Let us start an Excel Spreadsheet:

Name; Address; E-mail; whos is contacting the organization and progress.

Once I come back (12/30) I will figure out the details.
 
Re: A FEW POINTS

Originally posted by cinta
Rajiv and interested members,

1: The I-140 delays/backlogs are not so severe. Recent developments in DOL backlog reduction plan and Concurrent processing provide a way out to I-485 backlog problem.
2: MSC, to my opinion is not officially designated by USCIS as an Employment-based Service Center, but Family based centralised center.
3: Local Service Centers, YES. They do have backlogs and also are being used as unloading centers.

LAWSUIT: Please take this as additional info if you wish..or just as an observation. page 15, AC-21, etc. In November 19, 2002 we also have the DHS Act: Section 457 (Funding), Section 458(Backlogs), Section 452 (Ombudsman), Section 459 (Report on Improving Immigrationn Services).

This can also be used as additional reference and being the latest in the immigration saga.

Section 458:

http://news.findlaw.com/hdocs/docs/terrorism/hsa2002.html

SEC. 458. BACKLOG ELIMINATION. Section 204(a)(1)of the Immigration Services and In-2
frastructure Improvements Act of 2000 (8 U.S.C.3
1573(a)(1))is amended by striking ''not later than one year 4
after the date of enactment of this Act;''and inserting ''1
year after the date of the enactment of the Homeland Secu-6
rity Act of 2002;''.
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Great work. Thank you. I am reading every post, but I will not coment on each - takes too much time. Keep your suggestions coming. I will see if we need to amend the Complaint. That is not at all difficult.
 
First, remember we are all on the same team.

Let us not discuss issues that we can focus on later. I have not seen egergious delays in I-140. Even in the I-485, chances are the govt. will make a strong argument that we have no right to adjudication within a certain time.

I have no problem in assessing the I-140 situation, but my sense is, it is a weak case.
 
No more personal comments please

We need to focus on the tasks at hand.

I care nothing about nationality. We are all the same: Indian, Greek, Malaysian, Chinese, American.... We do not have to like each other, but we will have to respect each other. So let it go.

No more personal comments.
 
Re: Thank you Mr. Khanna

Originally posted by grandhirk
I am one of the plaintiffs in this Class action lawsuit (Dr. Ram K Grandhi) and I apologize for not posting till now to show my gratitude. Thank you for taking interest in my case and recommending my name to India abroad newspaper to interview me regarding this case (There is no article regarding this lawsuit this week but may be next week). While they asked me the usual questions, I strongly recommended them to write about choosing a right lawyer. This is the summary of my recommendation “While choosing an immigration lawyer, make sure he will represent you. Represent does not mean filing papers (like my current idiot lawyer) rather it means taking action (like this lawsuit) when your client is in trouble. Any idiot can file papers (heck, even I can do it) but your immigration lawyer should be aggressive and should have the balls to take USCIS head on. I also urge people who are in their initial stages or planning to apply for green card soon to seek an immigration lawyer with immigrant back ground like us. They understand the hardships faced by us because they have gone through this before". My receipt date is April 2001 and still waiting for my approval. While I am not expecting any miracles, this is a step in the right direction. Mr. Khanna and his team are top notch professionals and it was a pleasure to deal with them. I was impressed by their punctuality and attention to details. Thank you once again
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Your encouragement means a lot to all of us, Doctor Grandhi. Thank you.
 
Re: Re: No more personal comments please

Originally posted by cinta
Rajiv,

This forum for the better or the worse has been referenced in the Petition, lawsuit, Press and other places. Unfortunately, it needs a make-over to be a true representation of a significant portion of the immigrant community. The moderators are doing a poor job in filtering and therefore the forum looks like a litter and begging station very often. Much work is needed in this area also. The lawsuit by itself is only 50% of the business. The other 50% is on everyone who visits this place and the actions taken. I spent more time on correcting people than actually doing some more meaningful work and frankly I do not think is fair to myself and the community at large.
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Thank you.
I agree about the overhaul part. I disagree about moderation. These folks are volunteers - doing the best they can, receiving nothing in return.

Give me concrete suggestions. Start a thread here:

http://boards.immigration.com/forumdisplay.php?s=&forumid=13

I will make sure the right direction is followed.

I do truly appreciate your comments. Take care.
 
Re: Thank you - can this include labor certifications?

Originally posted by lrugnevm
I wish to thank Mr.Gandhi,Mr.Rajiv Khanna and all the other plaintiffs for taking this step.Can there be another litigation filed against the labor department for the unduly excessive delays suffered by labor certifications?I am waiting for 28 months for my labor clearance in Atlanta and would like to do something about this. Please let me know if such a litigation can be filed against the department of labor. I would also be glad to help in any which way I can to support the action for labor certification litigation as also the current action.
All the best and hope we finally achieve what we set out for ...pursuit of happiness...and get out of this bonded labor and slavery.

Thank You
Lrugnevm
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We are being given HIGH hopes that PERM will take care of the backlogs. Also, DOL is actively taking steps to eliminate backlogs (unlike CIS).
 
Re: Thank You

Originally posted by yellowcard
Mr. Khanna,

Thank you very much for all the efforts you made. I am very happy to see that USCIS is sued, even though my case could be further delayed because of the lawsuit.

Could you please also sue the district offices? My case was filed to VSC in March 2002. It was transferred to Philadelphia in September 2003. Philadelphia office told me that they will treat my case as newly filed and ignoring the 1.5 years wasted in VSC.

Now more and more cases are transferred. The service centers can clear the backlog very easily by transfering all the pending cases. According to their theory, the receipt date is reset after the transfer.

Thanks again!
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Remind me in two weeks. Once the core action team comes back from holidays, I will like us to start collecting actual data on how long the local offices are taking.
 
Re: Re: Thank You

Originally posted by cinta
Transfers are the worst example of the lack of transparency at the USCIS. There is no SOP directive, no explanation and no justification from their part. It is also unfair when compared with the cases that are adjudicated in the Service Center and the local offices have backlogs also. The reset of the RD may also be unfair as newly filed cases may be transferred before later cases.
Lately, this trend has increased for unknown reasons (way to clear backlogs?) in several Service Centers including VSC and CSC.
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Lack of publicly known SOP is highly objectionable. I agree. I will make sure to bring that up somewhere along the line.
 
Re: False Processing times.

Originally posted by PRABHA2000
Thanks Rajiv for all the troubles your are taking to bring justice.

Also, In section VI FACTS Number 40 of PDF document you have included the BCIS hotlink which gives the USICS processing time report.

Actually, they were published in such a way that a lot advanced dates are given by the district directors as currently processing dates where as the actual processing dates are far behind.

For an example If we take the Columbus, OH district office processing time report for N400 applications currently processing date is shown as MARCH 30, 2002 (Posted on Dec 15, 2002 on the web). But if you go and ask them on the counter what is the N400 priority date they are currently processing the answer is Late Aug/ Sep 2001. This date they are telling on the counter for the past 5 months.

So, for the past 5 months the officers are telling that they are processing Aug/Sep 2001 but on the web they are misleading the public, lawyers, lawmakers that they are processing March 20, 2002.

I would appreciate if you could expose this corrupted practice
practised by the district directors at the courts.
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Thanks. I will remember that.
 
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