Attached is the Complaint we have filed

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Mr Khanna, I appreciate your taking time to answer my questions... Now, has anyone contact immigration-law.com about this lawsuit? It has been diligent in reporting what is going on in the immigration community... If not, I will try to find their contact and do so soon...Thanks!
 
Rajiv,
Thanks to your lawsuit, we (core team members) are able to take some rest with confidence that your lawsuit would have definitely awakened BCIS. The holiday season is over and we will be back in action from now. Please let us know if you want us to do any specific task now.
 
Great Work Rajiv. Thank you for your efforts to the community. I appreciate it very much.

My company lawyer won't even talk about delays......His response is "Wait your turn".... Looks like his real client is CIS.

The frustrating part I guess, is here we are legal immigrants waiting for GC for an average time of 5 years and the govt. is proposing legalization for illegals without first addressing backlog processing for legal waiters. Looks like if you are illegal you get preference and GC first.
:confused:
 
I was waiting for you to show up

Originally posted by dsatish
Rajiv,
Thanks to your lawsuit, we (core team members) are able to take some rest with confidence that your lawsuit would have definitely awakened BCIS. The holiday season is over and we will be back in action from now. Please let us know if you want us to do any specific task now.
Click to expand...


Let us do a conference cal once everyone is back. In the meantime, do a write up from the human angle about what a remarkable accomplishment it is for a communiy to be so active without actually ever meeting each other.

The write up should be put up for community comments. I think that will serve as a great spur to community action. Also orchestrate emails/faxes to Congressmen. See:
http://boards.immigrationportal.com/showthread.php?s=&threadid=107866
 
Originally posted by Planet3rd
Dear Mr Khanna,

All of us wish to see some flicker of light at the end of the long tunnel. This litigation is renewing hope among us. Every word of the lawsuit expresses nothing but truth and agony of thousands like us. We do not have enough words to thank you.

WE SHALL OVERCOME - WE SHALL OVERCOME.

One questions:

- In Para 51 you mentioned that Congress intended processing (of AOS) in less than 180 days. Is that suggestive or mandatory on the part of CIS? If it is suggestive will the Mandamus hold ?


Thanks
Click to expand...


Our first argument is that it is mandatory. And the second argument goes like this. Reasonableness is implicit in all laws. At the very least, we know, Congress has said 180 days is reasonable. So the provision is mandatory and lays down what is reasonable.
 
Originally posted by PhillyJulyLC
Mr Khanna, I appreciate your taking time to answer my questions... Now, has anyone contact immigration-law.com about this lawsuit? It has been diligent in reporting what is going on in the immigration community... If not, I will try to find their contact and do so soon...Thanks!
Click to expand...


I have no idea who they are. So....
 
Congratulations and let me know if I can help

Dear Mr. Khanna,

I would like to congratulate you on the filling of the lawsuit and wish you and all of us here success. It is really frustrating to know that people who work hard to keep the show going, face problems from Immigration and Naturalization service. I would also like to know if you think it would help adding my name as one of the plantiffs. I have been a memeber of this board for quite some time and have received a lot of help and replied to quite a few pstings.

I applied my GC in 1999 from CSC in the EB2 RIR category. I received my Labor Certification sometime in 2000 and I-140 approved in 2001. I applied for my I-485 in March 2001 and am still awaiting my approal. I and my wife both got fingerprinted in October 2001 and INS never received my fingerprinting report. After continuous calls month after month and fax inquiries after 6 months, I finally received another fingerprinting notice in July 2002. We attended an interview in San Francisco in March 2003 and by that time my wife's fingerprints expired. They put my case on hold as well. Having informed the INS that I am temporarily posted outside California they transferred our AP and EAD application to the local INS offices and asked us to collect the EAD in person. Aboslutely no response regarding the AP till date (i.e. more than 12 months have passed since the application). My I-485 has been pending for more than 1,000 days now. My lawyer mentioned that they are worried about security and terrorists entering the country. I have a very simple question, Why should it take the INS 3 years to decide if a person applying for LPR is a threat to the national security? If somebody was a threat would he/she wait to get LPR? I have been in the US for more than 8 years.

If you could please suggest some actions that I can take to speed up my case and in turn help reduce the backlogs.

Thanks

Paras
 
Re: Congratulations and let me know if I can help

Originally posted by Paras
Dear Mr. Khanna,

I would like to congratulate you on the filling of the lawsuit and wish you and all of us here success. It is really frustrating to know that people who work hard to keep the show going, face problems from Immigration and Naturalization service. I would also like to know if you think it would help adding my name as one of the plantiffs. I have been a memeber of this board for quite some time and have received a lot of help and replied to quite a few pstings.

I applied my GC in 1999 from CSC in the EB2 RIR category. I received my Labor Certification sometime in 2000 and I-140 approved in 2001. I applied for my I-485 in March 2001 and am still awaiting my approal. I and my wife both got fingerprinted in October 2001 and INS never received my fingerprinting report. After continuous calls month after month and fax inquiries after 6 months, I finally received another fingerprinting notice in July 2002. We attended an interview in San Francisco in March 2003 and by that time my wife's fingerprints expired. They put my case on hold as well. Having informed the INS that I am temporarily posted outside California they transferred our AP and EAD application to the local INS offices and asked us to collect the EAD in person. Aboslutely no response regarding the AP till date (i.e. more than 12 months have passed since the application). My I-485 has been pending for more than 1,000 days now. My lawyer mentioned that they are worried about security and terrorists entering the country. I have a very simple question, Why should it take the INS 3 years to decide if a person applying for LPR is a threat to the national security? If somebody was a threat would he/she wait to get LPR? I have been in the US for more than 8 years.

If you could please suggest some actions that I can take to speed up my case and in turn help reduce the backlogs.

Thanks

Paras
Click to expand...


Two options: contact the local Congressmen or file a lawsuit. For now we do not need more plaintiffs, but I may soon need an affidavit from every person who has suffered.
 
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Mr. Khanna (ESQ)

I am sure you have an eye on the upcomming issues related with Bush announcement " Illegal Alien Immigration Plan", as an additional workload could adversely effect on the existing situations/backlogs.
 
Re: Re: Congratulations and let me know if I can help

Originally posted by operations
Two options: contact the local Congressmen or file a lawsuit. For now we do not need more plaintiffs, but I may soon need an affidavit from every person who has suffered.
Click to expand...

I am ready to give affidavit whenever you need it.

Please find my case detail below:

(1) LC filed by company A (NJ) was pending over 2 ½ years.
(2) I-140 filed on Jun-2001 in TSC with LC substitute by the company A and got approved in Nov-2001.
(3) Joined company B with H1 transferred in Sep-2001 since company A gave laid-off after working for 3 years with company A due to lack of work.
(4) Company A filed I-485 (EB3) in VSC based on future employment with RD: 01/22/2002 and ND: 02/04/2002.
(5) 1st FP on 05/22/2002.
(6) Joined company C on 09/01/2002 using EAD.
(7) RFE issued on 08/06/2003 that was sent to wrong company address by the USCIS (big mistake by USCIS). Luckily that company had forwarded RFE document to my company A’s address but it got delayed by 1 month.
(8) RFE replied on 09/11/2003 (Employment letter, pay stuff, tax).
(9) Filed AR-11 on 10/05/2003 since moved to Atlanta from NJ due to my son joined to collage.
(10) Our case got transferred to Missouri Service Center (National Benefit Center) on 10/29/2002. Haven’t received transferred noticed yet.
(11) Gave 2nd FP on 12/13/2003 without 2nd FP notice since local service center took 2nd FP at the time we went for biometrics for 3rd EAD.

Waiting for the approval.

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.

(2) I have contacted my local congressman but no help from them.

(3) We have applied 3rd EAD.

(4) Newark – NJ local office approved my AP in August-2002 for six month only rather than for one year. Officer told us that your case will get approve with in six month. Right now, I haven’t applied another AP and I will be in limbo if I will have to go out of country in case of emergency.
 
Children Education

As feb6361 described, it's very serious for children's education.
Originally posted by feb6361
...
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...
Fortunately for me, I pay in-state tutions for my children in California,
but still they are not eligible for federal and state financial aid even though with GPA 4 simply because we are not permanent residents.
http://ifap.ed.gov/sfahandbooks/attachments/0304Vol1Ch2.pdf

In addtion to that, if a primary I-485 applicant were to die before one's approval,
one's dependent would lose not only their legal status in the States but also education opportunity.
Actually, I might have been almost killed in a car accident.
In My Time of Dying

We definitely need to get our AOS approved while we are alive.
-kashmir
 
Originally posted by assur
Mr. Khanna (ESQ)

I am sure you have an eye on the upcomming issues related with Bush announcement " Illegal Alien Immigration Plan", as an additional workload could adversely effect on the existing situations/backlogs.
Click to expand...


We are waiting.
 
Fairness for Legal Adjustment

However,I hope this group makes it clear to the uscis that those who have been waiting longer get relief first and any resource allocation must concentrate on legal tax payers to adjust status first before 14 million undocumented immigrants are "adjusted"
 
Re: Fairness for Legal Adjustment

Originally posted by functionalalert
However,I hope this group makes it clear to the uscis that those who have been waiting longer get relief first and any resource allocation must concentrate on legal tax payers to adjust status first before 14 million undocumented immigrants are "adjusted"
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There is also reference to 140,000 spots to be increased in a sensible way, as his plan revolves around the EB GCs. This is the most important point (details to come!). 140,000 is the total number of spots allocated to EB Green cards that includes all categories. Imagine 10 million people getting on our bandwagon? Let us wait and see how he is planning to put all these people in some kind of Employment Based categories with an unspecified increase in EB immigrant visas. Not to mention the Backlogs....
 
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.
 
Re: Re: Congratulations and let me know if I can help

Originally posted by operations
Two options: contact the local Congressmen or file a lawsuit. For now we do not need more plaintiffs, but I may soon need an affidavit from every person who has suffered.
Click to expand...

Thanks for your response. If there is anything I can do to help you achieve your target please let me know. After having so much money in lawyer fees for 5 years, I can't afford to file a law suit. I will definitely send emails and letters to congress men informing about the hardship and delays in processing the I-485 applications.

Thanks again

Paras
 
Mr. Khanna,

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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