backlog delay sued BCIS and got approved case thru marriage, good example

FYI: Feinstein's letter to ngadhia

ngadhia posted in CSC forum at:
http://boards.immigrationportal.com/showthread.php?s=&postid=547189#post547189

reply from Senator

Reply recieved from senator Dianne Feinstein

July 30, 2003


Dear Mr. ngadhia

Thank you for taking the time to write to me about problems with the
Bureau of Citizenship
and Immigration Services (BCIS). I have read your letter and welcome the
opportunity to respond.

In 2000, I introduced and Congress enacted the "Immigration Services
and Infrastructure
Improvement Act of 2000." The Act required the Department of Justice to
issue a report to
Congress on the extent of the immigration and naturalization backlogs and
the adequacy of the
agency's automated systems to manage and reduce its pending workload. The
report did not address
all of my concerns, however, and BCIS has not issued an update to its
efforts to reduce processing
delays. Please know that I will continue to raise your concerns with
Eduardo Aguirre, Director of
BCIS.

Thank you again for writing. Should you have any further questions
regarding this issue,
please feel free to contact my Washington, D.C. office at (202) 224-3841.

Best Regards.



Sincerely yours,

Dianne Feinstein
United States Senator

http://feinstein.senate.gov

Further information about my position on issues of concern to California
and the Nation are available
at my website http://feinstein.senate.gov . You can also receive
electronic e-mail updates by
subscribing to my e-mail list at http://feinstein.senate.gov/issue.html .


In short.. no solid reply .. and now we just wait for some miracle to happen...
 
Originally posted by Edison

Normal processing time is 180 days as per law. Congress passed the bill and President signed that bill. So USCIS has to abide that law. Also USCIS has to submit backlog reduction reports to congress in timely manner. But I don't think they are submitting any report to congress and also they didn't reduce the backlog. Since USCIS didn't abide by that law, it is time to approach the judicial branch to take proper action against USCIS.
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Senators letter confirms what I mentioned earlier about USCIS. I know USCIS never submitted any report. USCIS never obey their bosses (Congress).
 
POLICY.--It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 214(c) of the Immigration and Nationality Act should be processed not later than 30 days after the filing of the petition.

SEC.
First of all if you look at the verbage it states that it is the SENSE of the Congress that...
Again the verbal content of law requires DOJ to submit a report and a plant to eliminate backlog and does not make 180 days as a law. In one the link's provided by Kashmir Diane fienstine states that she did not recieve the report from Ashcroft. We can ask for the report according to law or a backlog reduction plan but we cannot sue i still dont agree 180 days is a law
 

PURPOSE- The purpose of this Act is to--

(1) provide the Immigration and Naturalization Service with the mechanisms it needs to eliminate the current backlog in the processing of immigration benefit applications within 1 year after enactment of this Act and to maintain the elimination of the backlog in future years; and

(2) provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications.

(c) POLICY- It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 214(c) of the Immigration and Nationality Act should be processed not later than 30 days after the filing of the petition.



Which part is not clear dude . They say "should be processed not later than"


Originally posted by Dadagiri
POLICY.--It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 214(c) of the Immigration and Nationality Act should be processed not later than 30 days after the filing of the petition.

SEC.
First of all if you look at the verbage it states that it is the SENSE of the Congress that...
Again the verbal content of law requires DOJ to submit a report and a plant to eliminate backlog and does not make 180 days as a law. In one the link's provided by Kashmir Diane fienstine states that she did not recieve the report from Ashcroft. We can ask for the report according to law or a backlog reduction plan but we cannot sue i still dont agree 180 days is a law
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Dadagiri,

I think you didn't read the full text of LAW. Whether you accept it or not it is law.

Please read the full contents of the law on the various links I, kashmir and sai mentioned above.


SEC. 203. <<NOTE: 8 USC 1572.>> DEFINITIONS.

In this title:
(1) Backlog.--The term ``backlog'' means, with respect to an
immigration benefit application, the period of time in excess of
180 days that such application has been pending before the
Immigration and Naturalization Service.
 
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Originally posted by Edison
Rajiv,
What do you think about class action law suit (writ of mandamus) against USCIS.

We are contemplating class action law suit ('Writ of Mandamus') against USCIS.

Please follow the below mentioned discussion thread about the same issue:

backlog delay sued BCIS and got approved case thru marriage, good example
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Asked Rajiv about this issue in the backlog thread to which he is subscribed. Just now e-mailed him about the same.
 
Sai, Edison, Kashmir, and others,

Let’s not deviate from our main goal.

What we are doing here is to draw support from people (believers) for the class action if there is a basis to sue. It's not our job to educate people which bill is considered a law.

After we present our facts if the attorney agrees to take our case, there MUST BE "a law". Sometimes even commonsense will prevail.

What we are saying is we’ll try if there is a hope. Some people will not join whatever you say. If we succeed they’ll share a scoop of soup anyway.
 
Thanks, Edison.

If we don't get a response in a couple of days, I suggest we pool a little money to consult Shusterman.

Originally posted by Edison
Asked Rajiv about this issue in the backlog thread to which he is subscribed. Just now e-mailed him about the same.
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Agreed YJay.
We must proceed ASAP before the govt. goes into holiday slumber. Suing is the easiest and yet the most powerful tool that we have left at this stage. The lawyers will find lot of reasons to sue.
Trust me: Suing will definitely make USCIS move their lazy %$#^ ts.
 
Dear all friends , not to scare you ,this newsletter further says backlog times of 485 applications are not going to be reduced in near future...so no hopes for another 6 months or more unless we all with the help of Rajeev decide to act timely...see how fast thank giving holidays will approach and then christmas holidays ....year gone like flying...we all kept watching ...helplessly..
 
Friends,
Our primary focus at this time is on issues like media, sending petitions to congresspersons, senators etc.
What needs to be understood is that, we are looking for empathy from their side in order for them to rebuke the USCIS officials. Something that we can never count on, since they simply do not care. We were asked to wait for two weeks for the ombudsman's reply but we have not even heard from the ombudsman till now. He simply does not care.
If media is to be targeted, and I believe that we should as a secondary move, we should be looking towards orgs like
ISN since they have a well defined infrastructure to do this. They have done this in the past and have influential people on their board. They even managed to get AC21 enacted. And it is free.
Our case is simple: No BILLS required at this point, but just making sure that the backlogs (Transfer and I-485's) are cleared sooner.
If we do not hear from Rajiv, we should as YJay suggested, pool money and talk to Carl Shusterman soon.

The choice is yours folks.
 
sai , i think you are right , atleast there shud be one group suite involving 10 applicants to force INS to make decision same day ...
 
Originally posted by sai_2367
Did he leave a message with his staff before going on vacation as to when he would be back ?
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Per autoreply received by Manumahi he should be back on Wednesday (tomorrow).
 
http://www.lianglaw.com/Article/2003/101403-howtoforceinstodoitsjob.htm

Here is another attorney who mentioned the "Writs of mandamus"

¡°How much longer do I have to wait?!?!¡±

This is a very common question from people with pending applications at U.S. Citizenship & Immigration Services (¡°USCIS¡±). Unfortunately, USCIS (formerly ¡°INS¡±) can be very slow at adjudicating petitions and many times all that can be done is wait. However, this is not always the case. There is a way to force the government to take action. This is done by filing something called a ¡°writ of mandamus.¡±

Writs of mandamus are authorized by 28 USC ¡ì 1361. This law, also known as ¡°The Mandamus Act,¡± states:

Title 28 U.S.C. ¡ì 1361. Action to compel an officer of the United States to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

In other words, federal law provides people with a legal action that can be used to compel administrative agencies (such as USCIS) to do what they are legally required to do. What is USCIS ¡°required¡± to do? Generally, they are required to adjudicate a case within a ¡°reasonable¡± time.

Whether or not your case has been pending for a ¡°reasonable¡± time depends on both the type of case you have filed (e.g. I-140, I-485, I-129, etc.) and your particular circumstances.

A Mandamus action is an excellent, yet often unknown way to finally get a decision on your case. However, in addition to filing a mandamus action there are other administrative steps that can be taken to move your application forward when it seems like USCIS is taking too long.

If you think that a mandamus or other action might be appropriate in your case and want a knowledgeable, strong advocate on your side, please contact our office and one of our attorneys would be glad to discuss your options with you.
 
Originally posted by gcworthy
As our RD for I485 says 999 says to process this type cases, I think there is no basis to sue BCIS using Writ of Ma..... till our case takes beyond this period. ( i.e. 999 days).

If anyone's case is pending for over 999 days then they qualify. This is what I interpret.

Right before you approach 999 days they may change to 1200 or 1500 days. Ofcourse they changed from 365 to 790 and then to 999 days. What do you do if it is changed to 1200 days. Just sit back or try to fight with BCIS











Note : I am not lawyer
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SRVIMMI

I am talking about the time frame mentioned in my Recipt Notice. I don't think BCIS will issue me an receipt notice again stating that it is going to 1200 days etc....

What does your RN say does it say 999 or 1200 or 1500 days ? or have they mentioned any range i.e. between 999 days to 1500 days etc.

I am not against going to court to fight BCIS . My only point is they have a strong defence with the Reciept notice. We can definately fight on other issues like extension of AP / EAD and faster processing of AP .
 
Originally posted by gcworthy
SRVIMMI

I am talking about the time frame mentioned in my Recipt Notice. I don't think BCIS will issue me an receipt notice again stating that it is going to 1200 days etc....

What does your RN say does it say 999 or 1200 or 1500 days ? or have they mentioned any range i.e. between 999 days to 1500 days etc.

I am not against going to court to fight BCIS . My only point is they have a strong defence with the Reciept notice. We can definately fight on other issues like extension of AP / EAD and faster processing of AP .
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Well I filed in TSC on 10/01/2001. RD 10/01/2001 ND 11/07/2001 FP 02/12/2003. In my Reciept They said It takes 240 to 365 days from the date of reciept to to process this kind of case . About 4 Months later they updated on the Website and Automated Message Saying Its taking 770 to 790 days to process this kind of case. I think about 6 months ago they update the website and AVM again saying that It is taking 990 to 999 days to process this kind of case. Its no wonder if they update to 1200 days right before 999 days due is expired.
 
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