Attached is the Complaint we have filed

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Rajivji,

My green card is being processed by another laywer and my 140/485 are pending. Can I still sign the petition? Do I need to inform my lawyer about this? 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.

I want to sign the petition, but am sceptical about all these issues.
 
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.
 
When is the case scheduled for a hearing?? Has there been any official response from any govt. authority on the filing.

Thanks
 
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
Click to expand...

The govt has been given time to respond.
 
Govt/INS response

Khannaji

In approximately how much time is the govt expected to respond to our petition
 
Additional time after we give The 8 point Request?

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!!!
 
Mr Khanna

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.
 
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.
Click to expand...

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!!!
Click to expand...

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.
 
Questions....

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.)

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)?

Thanks alot Mr. Khanna for all your time and effort and taking up our cause.
 
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.
Click to expand...
 
Another attorney's views (usvisanews.com)

Question submitted by sunil:
Recntly a law suit was filed against the USCIS by Rajiv Khanna regarding the delays in green card processing. What are your views about this?

Answer from lorenzo_lleras:
I think that the suit is a great service to the immigration community because it highlights a very important problem for all of us. My personal view is that if it brings attention to the problem it will be good only if Congress and the Administration pay attention. In other words, if the suit attracts enough attention, may be some day the immigration service will get the resources it needs to do its job properly on the "service" side. Right now, most of the money goes to enforcement activity. Now, let's say that the suit is successful and a judge tells the service that the delays are unreasonable. Let's say the judge orders them to process each case by a certain date. Would that by itself be any good? No, not if the money to help the immigration service does not come from somewhere. Am I saying that all the problems with the immigration service are due to lack of funds? No, I do think that there is mismanagement but there is no question that they need more resources at their disposal for H-1Bs, I-140s, adjustments and all those types of petitions that you and I are talking about. Like I said, I hope the suit attracts attention so that Congress and the public at large realize what a hardship it is to have your life on hold indefinitely.
 
Re: Re: Additional time after we give The 8 point Request?

Originally posted by operations
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.
Click to expand...

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.
 
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.
Click to expand...


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: Additional time after we give The 8 point Request?

Originally posted by operations
We will respond to the motion. Then the judge will decide. I doubt they can easily get us out of the court.
Click to expand...

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.
 
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.
Click to expand...

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.
 
Re: Re: Re: Re: Re: Re: Additional time after we give The 8 point Request?

Originally posted by operations
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.
Click to expand...

Rajiv,
I have downloaded the file. I think we can expand the scope of the affidavits. We can take affidavits from people who suffered by delays but they got approved. Also we can take affidavits from people who has filed I-140's and not filed 485 because of their company policies. They are also suffering from the delays.

-rajum
 
Administrative break down

Rajiv,
I got an idea. How about arguing that there was an admisnistrative break down in USCIS. They are suposed to issue 140,000 EB Greencards per year. If they are not able to do that, does it not show administrative break down ? This argument should be used as a tool against them if they say that they are overwhelmed with huge workload due to backlogs. They are atleast supposed to be equipped to adjudicate the required number of cases per year.
 
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