Attached is the Complaint we have filed

Status
Not open for further replies.
what is USCIS general council?

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??[/B]Please, somebody reply. I am really worried. Thanks[
 
Last edited by a moderator:
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]
Click to expand...

They probably mean "General Counsel." Nothing to worry about. USCIS will not be allowed to delay the case becaus of the litigation.
 
Want to file personal lawsuite to university?

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.
 
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.
Click to expand...


Please call my office and make an appointment to speak with me. Speak with Extension 108 - Homa Naderi.
 
Re: Re: Want to file personal lawsuite to university?

Dear Mr. Rajiv,

I already spook to Homa Naderi and send the detail via email.

Thank you so much!

Originally posted by operations
Please call my office and make an appointment to speak with me. Speak with Extension 108 - Homa Naderi.
Click to expand...
 

USCIS Announces Latest Field Leadership Appointments

Excerpt from USCIS press release dated January 29, 2004:

Press Office
U.S. Department of Homeland Security January 29, 2004
Press Release
USCIS Announces Latest Field Leadership Appointments
Washington, D.C. –Eduardo Aguirre, Director of U.S. Citizenship and Immigration Services (USCIS), announced today additional appointments to his field leadership team.
“This latest round of appointments further complements the top-notch team we have assembled. These are highly qualified, dedicated professionals who will be critical to reducing the backlog, improving customer service and ensuring the integrity of America’s legal immigration system,” said Director Aguirre.

On a typical day, nationally, USCIS will: process 140,000 national security background checks; receive 100,000 web hits; take 50,000 calls at four National Customer Service Centers; adjudicate 30,000 applications for an immigration benefit; see 25,000 visitors at 92 district offices; issue 20,000 green cards; capture 8,000 sets of finger prints at 130 Application Support Centers; welcome 3,000 newly naturalized citizens; greet 100 refugees; and help American parents adopt 100 foreign children.
USCIS is responsible for processing family-based petitions; employment-based petitions; asylum and refugee processing; naturalizations; special status programs; and document issuance and renewal.

--------------------------------------------------------------------------------
 
Last edited by a moderator:
The above mentioned press release from USCIS looks like outcome of our legal action.

Also note that USCIS is adjudicating about 30000 immigration benefits applications daily, so it is quite obvious that if they increase the validity of EAD and AP they can reduce the backlog of I-485 easily.
 
Last edited by a moderator:
BCIS claims that they issue 20,000 green cards on a typical (?) day.

Could this be right?????????
It means that they issue,
20 thousand muliply by 2 thousand days per year = approx. 400 thousand green cards a year (?????!!!!!!!!!!!!)

If this is true then why is such a backlog for 485 processing??
 
US CIS

US CIS latest appointments:

No impact. No change. GAO report GAO-04-309R explains the problem of backlogs, the lack of money, mandate, security checks, etc.
Cosmetic changes and declarations. The DHS Act of 2002, Section 458 failed. There has been absolutely no progress. Aguirre has been referring to backlogs from his appointment! He also boasted in Canada about the number of security checks executed. He forgot to tell us that this is what US CIS is doing ONLY!
He should resign instead, as his appointment looks more and more that it was a political favor.

http://www.vdare.com/malkin/clueless.htm take it as information only!

The number of 400,000 GCs is about the total of Family and Employment? together that the US CIS is supposed to issue per year.
 
Last edited by a moderator:
Originally posted by disney2k
BCIS claims that they issue 20,000 green cards on a typical (?) day.

Could this be right?????????
It means that they issue,
20 thousand muliply by 2 thousand days per year = approx. 400 thousand green cards a year (?????!!!!!!!!!!!!)

If this is true then why is such a backlog for 485 processing??
Click to expand...

20,000 x 200 working days = 4,000,000 (4 million)

I really doubt that they issue 4 million GCs per year.

Also I think there are only 1.2 million pending I-485 applications and 1.9 million pending I-130 applications. Consular Processing cases are not accounted by USCIS since they are Consulate's responsibility.
Data Source : http://uscis.gov/graphics/shared/aboutus/statistics/msrnov03/BENEFIT.HTM
 
Last edited by a moderator:
yup...

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.
 
Originally posted by Edison
20,000 x 200 working days = 4,000,000 (4 million)
I really doubt that they issue 4 million GCs per year. Also I think there are only 1.2 million GC pending.
Click to expand...
1,200,000 / 20,000 = 60
The USCIS has only 60 TYPICAL DAYs.
 
4 million GCs per day!!!!


Probably the spokesperson combined all kinds of applications processed by USCIS and tried to hide their classic inefficency under bogus statistics.

God Bless America!
 
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.
Click to expand...

When you spend years in BANKING (Import/Export Bank) you develop two skills:

1: Affinity for big numbers and manipulation of them.
2: Underestimate the I.Q. of your customers.

http://www.vdare.com/malkin/clueless.htm take it as information only!
 
Last edited by a moderator:
"even if USCIS manages to process all applications upto dec-2003 by dec-2004" . -posted by tmc.

Joke of the year. I like this. When we are going through all the mental tension, tortures and insecurity (caused by USCIS), sometimes we need to relax a little bit. Thanks buddy for entertaining us.
 
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.
Click to expand...


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?
 
Actually we are not asking or requesting for relaxing rules or implement new rules(if any).

All we want is a decision in certain time period say 1 year for I-485 filers.

thanks
Sg
 
I agree with smita_goyle.What we are asking is decision.

For us to achieve this goal we have adopt multi-pronged strategy. Lawsuit is one. In this regard we are doing well. However, we are lagging on other fronts. Except for highly motivated California team(Kashmir & co) and except some individuals not much effort has been made to build public opinion in the form of contacting Congressman, Senators, press and corporations.

What I typically noticed is that people are not ready to shred their virtual identities. I have seen individuals who are very enthusiastic ,vocal, believes deeply in the cause( cause being to reduce the backlogs), suffering pain but at the same time suffers from some kind of fear and some kind of inhibition. I may be a partial victim of this syndrome.

However, as a group, we have make efforts to break this fear and motivate people to come forward and do some voluntary work. There is lot of voluntary work and We need lot of volunteers. The more the volunteers, the more we are successful.

-rajum
 
New members need direction

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).
 
Status
Not open for further replies.
Top