Attached is the Complaint we have filed

Originally posted by Groan
Mr. Rajiv,

Thanks for your support. I don't think USCIS can make claims about security being the cause of 485 delays. I did a sample comparison of 485 processing times at the district level and service center level for Texas from the USCIS own posted times:

TSC EB 485: April 2001

Houston, TX 485: Jun 2002

Dallas, TX 485: September 2002

San Antonio, TX : June 2003


If security were an issue, then it should be so for family based applications as well. In my opinion, this is nothing more than rank discrimination and injustice on the part of USCIS toward employment based applicants. Apparently they are thinking we (EB guys) are all cowering in the corner while all the others are shouting so their cases must be processed first. It seems that its an anybody but EB485 policy at USCIS


:confused:
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Right now, we are just guessing at the govt's possible response. Let us wait and see what they say first. Then we can regroup and decide on what to do.
 
Re: lawsuit

Originally posted by setoneup
i want to join the lawsuit ,
been five years filing ,still getting the run around.
my wife was born a us citi , im from england
and our four month baby girl was born here in TN .
immigration wanted to deport me 23 dec
judge called them the black hole and a joke
he wished he could help, but could not help me cause i came over on a visa waiver and not a visa
its about time people stood up to these people
i wish they did there job as quick as they took my money

what can and should i do

thanks
Steve
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Steve, I have responded to your email. This lawsuit addresses only employment based applications.
 
Originally posted by vicky_usa
Mr. Khanna

Is it possible for you to delete the threads which are not related to the discussion (the litigation). it is becoming very confusing and i am sure DHS would be following this link also. Lets just keep 4 to 5 threads and delete the rest.

thanks

vicky
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Will do, V.
 
Re: How about

Originally posted by reach_honey
Mr. Khanna,

Can we do some thing about renewals of EAD and AP's.?
As even for renewal it takes the same time as you do first time.
So then what does it means if you have to wait every now and then for same thing. Atleast they should hae some procedure that if its renewal then you can get within 30 days or something like that.

Do they everytime do some security check and waste our time.
So that means they just want out money thats it.
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We intend to. Hang tight folks.
 
Re: what is USCIS general council?

Originally posted by grandhirk
I am one of the plaintiffs in this class action lawsuit and just want to update you on the latest developments. My employment I-485 RD is April 2001 and ND is May 2001. After filing this lawsuit, my lawyer contacted American Immigration Lawyer Association Liaison since USCIS did not respond to our status inquiries. In the last 2 1/2 years they never asked me for any further information or RFE (Request for additional evidence). After putting my case in pending list for so long, last week USCIS requested RFE regarding my current job status and proof regarding my parents (I am supposed to prove that my parent’s are indeed who I claim to be!! Amazing, isn’t it??). As I posted previously, I contacted congresswomen Karen McCarthy of Missouri. I just heard back from one of her aids that she talked with USCIS and apparently my application/file is being reviewed by “General Council” which consists of USCIS lawyers. Does anybody know what this means? Should I be concerned? B]Is it possible that USCIS lawyer's are looking at my file in order to respond to this class action lawsuit??Please, somebody reply. I am really worried. Thanks[ [/B]
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They probably mean "General Counsel." Nothing to worry about. USCIS will not be allowed to delay the case becaus of the litigation.
 
Re: Want to file personal lawsuite to university?

Originally posted by feb6361
Dear Mr. Rajiv Khanna,

I would like to file a personal lawsuit to my son's state university for not considering as a 'in-state' student. They are considering him an 'International student' and charging $24,000 tuition fee.
I contacted register office and they were saying that they will consider me as a 'in-state' student not my son since I was on H1 visa and my I-485 EB case is pending over 1 year where as my son was on H4 visa they won't consider him a 'in-state' student ( I have reply email copy from registar office). By doing this for last two terms, we are blocked for any fedral/state finc. aid/loan/scholarship. Also, BCIS is scrutinizing our case more as they consider my son as a 'international student'. It might be reason for our EB I-485 cases pending over 2 years now and they transferred our case to Missouri Service center.

I would like to file a personal law suite to University for discrimination and asking for a damage like that..

Please let me know, what are my options (cost and benifit)?. Will you be my lawyer for this case?

Thank you
We are facing following hardship:
(1) We have paid total $ 24,000 tuition fee for my son as an international student ver $ 8,000 as an in-state student. Collage register is ready to consider my as an in-state student as soon as our passport gets stamp for PR. I have informed USCIS –VSC in writing about this hardship and they transferred our case to MSC next day. We are not able to get any financial aid/scholar ship even though we are paying taxes since last six years and my son is a bright student with SAT score of 1270 with GPA above 4.
(2) My son is not able to focus in study due to heavy loan burden of $24,000 and his 1st term grad also came very poor.
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Please call my office and make an appointment to speak with me. Speak with Extension 108 - Homa Naderi.
 
Re: yup...

Originally posted by tmc
may be those 20,000 GCs per day count the renewal GCs :-).

regarding the lawsuit, sometime back i think Mr.Khanna mentioned that (i am not very sure, i apologize if he didn't mention that), usually they (USCIS) can ask for more time to reply to the lawsuit and usually we agree to that. may i ask why we should agree for more time? is there a general protocol that if they ask for more time to reply, we agree to it.

also, even if USCIS manages to process all applications upto dec-2003 by dec-2004 (quite impossible imho) they will still be lagging by 1 year (not six months) at dec-2004. can we ask for any temporary relief till we get GC. are the courts allowed to give some sort of temporary relief? or only the lawmakers can give that. thanks.
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The general protocol amongst lawyers is that one extension is never objected to. Even if i say no, they can easily get the extension from the court. I will see what they do. They might just put in a motion to dismiss arguing the court has no jurisdicton. There is a case that was decided by DC circuit yesterday in which the court clearly said they have no jurisdiction over discretion.

Nevertheless, our argument is, we are nor asking for review of discretion, but a toimely exercise of it - one way or another. see the difference?
 
Re: New members need direction

Originally posted by myopinion
Rajiv and other key members;

We need to do two things to get proper support from people;

1. Have a proper checklist of who is doing what with clear assigned responsibility. This will make sure it gets done, instead of everone thinking that the other person is doing it. Duplication is great, but atleast one person needs to do it.

2. Lot of new users see this forum every day. There can be a separate page (link), which shows proposed actions and who has taken action already or has taken responsibility. People should be allowed to add action/responsibility to that page/link, which can be monitored by a person or core group.

Lawsuit is one thing, but being noticed on a continuous basis will get us attention.

Unfortuantely, there is lot being said in press/TV about illegal aliens (good and bad), but no one talking about legal aliens. May be they don't think there is any problem !! That means we have not done our job as a group to highlight it enough (other than one lawsuit).
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One or more of you get together and give me a call (through Homa, at extension 108). I will explain where we stand and the troubles and triumphs with getting organized. In the mean time, give me a list of things you want me to do. It will be taken care of.
 
I will come

Originally posted by gc949
Godd idea, I have been thinking about this since long time.
All individual pettions are going to trash cans. No one will listen unless it is united show of strengh and unity.
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As long as we are dignified and orderly... :)
 
The govt. lawyers called me today

As I had suspected, they wanted 30 more days (which I agreed to). I will brief you on the details tomorrow. Nothing very special, but still worth reporting.
 
Re: Extending EAD every time causing other problems

Originally posted by NeelBuddy
I was reading other threads -'Horrible experineces at DMV while renewing Driver License', I felt like crying as it just happend to me. I cann't just explain in words.

Mr.Kanna please make a note of this point: Extending EAD every time and if do not get the EAD on time causing other problems:

The person has to go to DMV couple of times to get his Driver License extended and some times he has to go to a different center ( like in NJ, Trenton) and wasting half of the day.

If we do not get EAD on time. Thats it. We can't extend our Driver Licence and we can'nt drive.

The problem with BCIS receipt notice is: Usaully they mention some time like 60 to 90 days. But they do not issue another notice saying that 'Sorry it is taking more than 90 days and it will take another 30 days or so'.

With these receipt notices we can not convince officers in DMVs once the time in receipt notice passed.
The only solution to this EAD problem is: EAD should be valid till the date BCIS takes a decision on I-485.

Please excuse me if I'm wrong in any sence.

Thank you
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I have noted. Do not worry.
 
Re: Question

Originally posted by M101
Dear Mr. Khanna:

The question stems from the fact that I do not understand the full legality nor do I understand the legal terminology within the complaint. (This question does not in any way undermines the hard work as well as a great effort put in by your law firm and scores of other plaintiffs). Also, I am hoping am not getting ahead of myself.

If the case is ruled in favor of the plaintiffs, what does it mean in lay man terms? Are the benefits realized immediately or a victory of some sort is like a moral victory. I guess what am trying to understand is if indeed a ruling favorable to plaintiffs m
eans an immediate increase in processing times - It seems to be beyond my comprehension especially considering the fact the huge number of pending cases....or can we expect some sort of change in rules for applicants with AOS

Can you please help me understand? I would really appreciate it.
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Give me a little time. Let me get a sense of where things are with the govt. I will explain further.
 
Rajivji,

My green card is being processed by another laywer and my 140/485 are pending. Can I still sign the petition?

+++++++++++++++++Yes.

Do I need to inform my lawyer about this?

++++++++++++++++++Always a good idea.

Will Homeland security misuse this information in any way, considering the fact that an innocent lawful person was harrassed by homeland security in Florida (read in one of the threads here). Please advise.

+++++++++++++++++++No, I do not think they would be that evil or dumb. Anyway, we are not powerless.

I want to sign the petition, but am sceptical about all these issues.
 
No hearing

Originally posted by hedgehog
When is the case scheduled for a hearing?? Has there been any official response from any govt. authority on the filing.

Thanks
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The govt has been given time to respond.
 
Re: Mr Khanna

Originally posted by jamaican_man
There is a problem in the petition gathering in that I noticed that
some names are entered multiple times. I did not know what it
was until I tried to enter my dependants.

When entering multiple people the temptation is to use the back
button since only small details are different between each entry.

Unfortunately back will re-enter the details again. My daughter is
in there twice.

I guess the final list will need sorting.
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No problem. We will take care of it.
 
Re: Additional time after we give The 8 point Request?

Originally posted by GC_YEAHRIGHT!
Rajiv,
Would they ask for ANOTHER extension, past the March 30th deadline, once we give them our 8 POINTS, saying they need additional time to study our offer?
Thanks for fighting the good fight!!!
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I intend to present this to them by March 1. Additional time may be needed by them. But the court proceedings will go on. The have to file a response to our Complaint in court. They will probably file a motion to dismiss.
 
Re: Questions....

Originally posted by dtrxc
I was taken aback when I read that dependents were also part of the petition. I have not entered their names; it is ok to do so now?

(I guess the same should be mentioned on your url, http://www.immigrationportal.com/anthesys/TrackerPetition/signatoryForm.php?petId=4 as some people would not be aware that dependents names could be added to the petition.)

++++++++++++++++OK. We will do that.
I have signed the petition and haven’t informed my lawyer. Is it really necessary to inform them? Does it make a difference so as to affect my GC process from their point of view (they usually don’t have the time or inclination to discuss anything)?

++++++++++++++Not necessary at all. But I always like to keep things in the open.

Thanks alot Mr. Khanna for all your time and effort and taking up our cause.
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Re: Re: Re: Additional time after we give The 8 point Request?

Originally posted by slinky
If they file a motion to dismiss the case, will we have any say in the decision or is it pretty much at the mercy of the judge?? If the case is dismissed, is it possible to re-open the case? Is there a limit on how many times we/they can appeal?

Whatever the final judgement is, we sincerely appreciate your efforts.
Thanks.
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We will respond to the motion. Then the judge will decide. I doubt they can easily get us out of the court.
 
Re: Re: Re: Re: Re: Additional time after we give The 8 point Request?

Originally posted by dsatish
Rajiv,
Shall we prepare for that situation from now itself ? Why don't we collect affadavits from the members here who have experienced enormous problems due to the delays and irresponsible working nature of USCIS ? If we present these affadavits, it will be hard for the judge to dismiss our case. How can the judge say that USCIS can take its own time for processing a case irrespective of our sufferings ? I think that we should fight mainly on the basis of violation of right to justice.
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I agree. We shoud start collecting affidavits. Here is an attached format. Have it signed and mailed to me. There is no need for notarization. we can start a new thread for it.
 
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