Attached is the Complaint we have filed

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Re: Mr. Khanna,

Originally posted by hairturnedwhite
Is there a way to let media cover this subject£¬especially several
big ones like CNN, Fox, ABC, NBC, NYTimes? That will bring up a lot attention to USCIS and congress, especially at the time when the president proposes to give relief to the millions illegal immigrants.
Or maybe try to contact some of those democratic president candidates, see if we can win support from them.


Thank you for your hard work!
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Folks, I will have a conference call with the Action Group. They will brief you on what we need to do. Hang tight for a week or so.
 
Originally posted by checkthisout
Don't know what to say Rajiv? You are the man of the century. while all other attorney including mine don't care for us, only think they need from us is there fees without any service. I have to say this that some lawyers are worse than that bcis officers.

I SALUTE YOU. YOU ARE THE PERSON WITH A KIND HERAT.

Thanks for all your efforts and God helps us.

Lets hope that this lawsuit brings some attention from bcis and media.
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To fellow members,
I suggest that let us propose Rajiv's name to rediff.com / India Abroad for consideration to 'Man of the year -2004' award. The nominations start around September and they will announce the winner in December. It is a very prestigious award and it is given to a person(indian origin person in America) who has contributed maximum to the cause of fellow indian origin people abroad. Rajiv perfectly fits the bill. Let us keep his name in mind when we see the nominations in coming September.
 
Originally posted by dsatish
To fellow members,
I suggest that let us propose Rajiv's name to rediff.com / India Abroad for consideration to 'Man of the year -2004' award. The nominations start around September and they will announce the winner in December. It is a very prestigious award and it is given to a person(indian origin person in America) who has contributed maximum to the cause of fellow indian origin people abroad. Rajiv perfectly fits the bill. Let us keep his name in mind when we see the nominations in coming September.
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I would be terribly embarassed. Please do not. It is unnecessary. Your good will means more than any silly awards could. I do thank you for the thought though.
 
Also remember....

Originally posted by operations
I would be terribly embarassed. Please do not. It is unnecessary. Your good will means more than any silly awards could. I do thank you for the thought though.
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...in representing you I (I think I speak for our whole team) gain the following:

1. great sense of pleasure and satisfaction
2. good will that then turns into paid work for us
3. public exposure that then turns into work

So, there are no favors here. We all get something out of it.
 
bill of rights violations by state

i am not a lawyer but i find that we are probably guaranteed these protections under the US constitution since we are on american soil

ammendment 1 :petition the government for redress of greviances (does not specifically say citizenand i think we petitoned for relief many times against this painfully long process and indefinite wait)


ammendment 5: shall not be deprived of liberty (as the green card process is clearly doing to us)

ammendment 8: no cruel and unusual punishment

(of waiting indefinitely just for applying for adjustment of status)


i think these are violations of the basic freedoms we were guaranteed when we were legally admitted to this country
 
Re: bill of rights violations by state

Originally posted by functionalalert
i am not a lawyer but i find that we are probably guaranteed these protections under the US constitution since we are on american soil

ammendment 1 :petition the government for redress of greviances (does not specifically say citizenand i think we petitoned for relief many times against this painfully long process and indefinite wait)


ammendment 5: shall not be deprived of liberty (as the green card process is clearly doing to us)

ammendment 8: no cruel and unusual punishment

(of waiting indefinitely just for applying for adjustment of status)


i think these are violations of the basic freedoms we were guaranteed when we were legally admitted to this country
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You are right in your thinking and the examples, I think. We do have constitutional, human and civil rights all violated.
 
EAD or AP doesn't do it

CIS cannot say EAD and AP mitigates the effects of long delay in I-485 processing. I know of companies that do not allow employees to file for EAD and AP along with I-485. These employers, for some reason, think that EAD allows one to switch jobs more easily and that they can prevent it by not filing for EAD or AP.

"As a nation that values immigrants and depends on immigrants we should have immigration laws that work and make us proud."
- G W Bush

Mr. Bush, one thing that can definitely make you proud is clearing the existing immigration backlogs and NOT creating more backlogs!
 
Re: bill of rights violations by state

Originally posted by functionalalert
i am not a lawyer but i find that we are probably guaranteed these protections under the US constitution since we are on american soil

ammendment 1 :petition the government for redress of greviances (does not specifically say citizenand i think we petitoned for relief many times against this painfully long process and indefinite wait)


ammendment 5: shall not be deprived of liberty (as the green card process is clearly doing to us)

ammendment 8: no cruel and unusual punishment

(of waiting indefinitely just for applying for adjustment of status)


i think these are violations of the basic freedoms we were guaranteed when we were legally admitted to this country
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Constitution consists of guiding principles of law, not the law itself. On a daily basis, all that judges care is whether a law is broken or not.
 
Re: Re: bill of rights violations by state

Originally posted by patnams
Constitution consists of guiding principles of law, not the law itself. On a daily basis, all that judges care is whether a law is broken or not.
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Oh no. Constitution is the SUPREME law of the land.
 
Rajiv, 60 days from 12/22 is 2/22. I bet they will wait last day to respond.

I'm curious to know what they are doing these days indeed. No EAD approvals, no 485 approvals? Are they working on some secret projects?

That Ombudsman position is a total waste. He's completely useless.
 
Originally posted by dengdeng
Rajiv, 60 days from 12/22 is 2/22. I bet they will wait last day to respond.

I'm curious to know what they are doing these days indeed. No EAD approvals, no 485 approvals? Are they working on some secret projects?

That Ombudsman position is a total waste. He's completely useless.
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They will probably ask for more time to respond.

Ombudsman's office is not even fully staffed yet, they tell me. So, may be it is a bit early for us to write them off.
 
Do you think the GAO report can help us a little bit?

I read the following from http://www.immigration-law.com/
The full report can be found at:
http://www.gao.gov/new.items/d04309r.pdf.

I was wondering if this report can help us a little. Just a thought.

Quote from the report:
"Since the beginning of fiscal year 2001, the number of pending applications increased by more than 2.3 million (about 59 percent) to about 6.2 million at the end of fiscal year 2003. This increase occurred despite additional appropriations beginning in fiscal year 2002 of $80 million annually to address the backlog. In addition, CIS has not performed an analysis of the steps needed to reduce processing times to the 6-month average goal established in the President¡¯s backlog initiative. These times increased significantly in fiscal year 2003 to levels well above
the 6-month target established in CIS¡¯s March 2002 Backlog Elimination Plan."


From http://www.immigration-law.com/
GAO Report to Congress of 01/05/2004 Urges USCIS to Study Required Operation Funds to Avoid Further Backlogs
The GAO submitted a report on January 5, 2004 disclosing its finding on sources of problem to resolve the current backlogs and to achieve the President's 6-month processing plan. The report indicates that the fee funds are insufficent to meet the cost of operation of the USCIS. However, currently the USCIS has no information as to how much fund is necessary to meet its operation cost and to reduce the backlogs. Accordingly, unless the USCIS is required by the Congress to study and determine the required funds for its operation and for the backlog reduction, it may see further backlog in the future, damaging the President's commitment to reduction of processing times to six months. Readers are encouraged to read this 53 pdf-page report to understand the GAO view of the sources of problem relating to the backlog.
 
Immigration Application Fees: Current Fees Are Not Sufficient to Fund USCIS' Operatio

http://www.gao.gov/new.items/d04309r.pdf

Results in Brief
We determined that fees were not sufficient to fully fund CIS's operation.
...
In addition, CIS has not performed an analysis of the steps needed to reduce prcessing times to the 6-month average goal ...
...
Absent actions to increase fees, reduce processing costs and times, or both, as well as to improve the timeliness and completeness of fee schedule updates, ...

Agency Comments and Our Evaluation
We obtained oral comments on a draft of our briefing slides from DHS and CIS officials. They generally agreed with our conclusions and recommendations.
...


(my comment)
GAO report clearly mentions that CIS has not taken any actions needed to eliminate the backlog and that DHS and CIS officials agreed.
 
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Re: We will use this data

Originally posted by operations
..in our summary judgment motion.
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Rajiv,

Please consider some or all of the following:

1: GAO Report May 2001 d01488.pdf
2: HSA 2002, HR 5005.
The first one details the application/adjudication/backlogs process and the second is the latest act in relevance with the INS reorganisation.

For more on GAO, see the past references. Thanks.

http://boards.immigrationportal.com/showthread.php?threadid=96747 GAO report may 2001 discussion.

http://boards.immigrationportal.com/showthread.php?threadid=103980 GAO fraudnet

http://boards.immigrationportal.com/showthread.php?threadid=100962 petition sent to the webmaster of GAO
Petition sent to the US Accounting Office.
webmaster@gao.gov


http://www.gao.gov/d01488.pdf
GAO Report on timelineness of applications


www.house.gov/rules/H5005_011.pdf
Sections 452, 458. MOST RECENT AND MOST IMPORTANT?
 
Re: Immigration Application Fees: Current Fees Are Not Sufficient to Fund USCIS' Operatio

Originally posted by kashmir
http://www.gao.gov/new.items/d04309r.pdf

Results in Brief
We determined that fees were not sufficient to fully fund CIS's operation.
...
In addition, CIS has not performed an analysis of the steps needed to reduce prcessing times to the 6-month average goal ...
...
Absent actions to increase fees, reduce processing costs and times, or both, as well as to improve the timeliness and completeness of fee schedule updates, ...

Agency Comments and Our Evaluation
We obtained oral comments on a draft of our briefing slides from DHS and CIS officials. They generally agreed with our conclusions and recommendations.
...


(my comment)
GAO report clearly mentions that CIS has not taken any actions needed to eliminate the backlog and that DHS and CIS officials agreed.
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You are right Kashmir. Pages 38 and onwards also mention the extended IBIS checks and the fact that these are still being done with no additional resources or personnel....
Also, there is enough data around (I posted it before) to show that the 100 million backlog funds (80+20) were allocated towards PREFERENTIAL areas. i.e. they were mostly allocated for the Citizenship backlog reduction....
 
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