Can we litigate ?

G

Groan

Registered Users (C)
Just read this:

28 USC § 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.


As far as I recall, the law states that about 170,000 EB based green cards must be issued each year. Can we not use FOIA to get the actual number issued for 2002 and 2003 and litigate based on that ? I will have to dig up the exact law in INA that states how many GC should be issued.

I would spend $2-5k if I can find a good lawyer who would take it. Most of these lawyers (the one's I've encountered) are just form fillers, too scared to sue BCIS.

What's up with the petition on this board......going nowhere as usual. I think petitions don't help, its just begging. You have to somehow show that the law has not been followed and most immigration lawyers don't want to think. Just fill forms and forms and forms and line their pockets.................

If someone knows of a real immigration lawyer who can talk law and litigate.. I'd be interested in contacting them.
 
Followup

Here's the law in INA (from the visa bulletin):

Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

So the minimum number of visas is 140,000 per year for employment by LAW. Using a FOIA request one can get the actual number, which for 2002 and 2003 I'm sure is less than 140,000

Anyone get it ? Any immigration lawyer get it ? Its time to demand processing guys... When asylees can litigate to get BCIS to process the allocated 10,000 for them (at EB guys expense, I might add), I think so can employment based guys. We a need a small group (say 50 people) to join in with a good lawyer.................

What do you think ? Any ideas ?
 
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sign me up!

Hi Groan,
sign me up. I'm assuming you are going to take the lead on this one and start talking to attorneys.
Lets see: attorney fee (estimate) = $100,000/50ppl. = $2000 per person.

doesn't sound too bad.

2 down , 48 to go.
 
Action!!

It seems to me there is lots of discussion on this, but no action.

I am not sure what the solution is, but having a small group of people who "own" this project might be a start.

Thanks
MJ
 
specific case outline

We need to be specific about what exact law was not followed and come up with a case that is reasonable. I agree just taking polls and talking doesn't help. Neither does a case that is without solid merit.

As I can see, notwithstanding the security issues, INA is still on the books and that prescribes 140,000 EB visas per year. If 140,000 were issued in 2002 and 2003, then all 2001 guys and most of 2002 filers should have been adjudicated by now.

Any suggestions on what other law may not be followed ? Just long processing times is not enough.

So what is needed is:

1. A good case specifically citing non-compliance with the LAW
2. A good attorney to get justice.
3. A reasonable number of people to pay for it.

This could be a regional (TSC) effort or national effort
 
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