citizenship lawsuit....
- Thread starter Paramvir1
- Start date
Guys it seems some of us are thinking only for themselves. Even if we don't get any benifit from actions against USCIS our fellow asylees will benifit it from the future. and remember the idea of giving people asylum was the effort of others before us.
Another point I think we need is to politicise the issue. for example, 2008 congressional and presidential elections are approaching. The asylee community can make a difference in the outcome of these elections. We need to align our efforts with one of the political parties. Example, if we convince one of the parties that if they help us we are ganno help them in the election, I think this can motivate them to spur the process. Also I think the president can pass laws, I am not sure here.....
Another point I think we need is to politicise the issue. for example, 2008 congressional and presidential elections are approaching. The asylee community can make a difference in the outcome of these elections. We need to align our efforts with one of the political parties. Example, if we convince one of the parties that if they help us we are ganno help them in the election, I think this can motivate them to spur the process. Also I think the president can pass laws, I am not sure here.....
M
Morning
Guest
faysal
The catch is that most of us on this board are not even close to being eligible to vote.
Paramvir1
I spoke with an attorney about this idea and he was rather sceptical about a favourable outcome for us, asylees. Otherwise, I agree with empanado and simply do not have enough knowledge and means to proceed alone. I will be more that happy to be one of the plaintiffs and will contribute financially.
The catch is that most of us on this board are not even close to being eligible to vote.
Paramvir1
I spoke with an attorney about this idea and he was rather sceptical about a favourable outcome for us, asylees. Otherwise, I agree with empanado and simply do not have enough knowledge and means to proceed alone. I will be more that happy to be one of the plaintiffs and will contribute financially.
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bringslite
Registered Users (C)
You got my Finacial and moral support! I am willing to sell my children (well not exactely 
) to see these ##@#% lose in court!
Count me in!
) to see these ##@#% lose in court!Count me in!
kaoticfury
Registered Users (C)
i am IN !!!! Anything u need, let me know!!!
I contacted Nadine Wettstein / Dir., Legal Action - AILF: here is my e-mail to her and her response.
Sent: Tuesday, March 14, 2006 7:36 AM
To: Nadine Wettstein
Subject: Naturalization of adjusted asylees to LPR status
Dear Ms. Wettstein,
I am one of hundreds of asyless that had their status adjusted to LPR after 5 years of waiting. Recently, the USCIS has been adjusting the status of asyless approved in 2003 and 2004 while others that have been approved in 1999 are still waiting.
For those of us that received their GCs, our cards were backdated one year from the date of approval. Our question is: can we file a lawsuit requesting our LPR status to be effective as of the date asylum was granted? If we carry the same definition as refugees, why are we treated differently?
The USCIS backdates our card to one year from date of adjustment to LPR status as this is the indicated time frame on the notice they send once asylees file for adjustment. If the USCIS messed up and did not handle our cases properly, why should we pay the price? All of us are supposed to be eligible for Naturalization had the USCIS adjusted our cases on time.
Please let us know if we have a case should we decide to file a class lawsuit? if so, can AILF help us?
If it's not hassle, please click the link below. It is an asylee immigration forum. It has all our questions and concerns.
http://www.immigrationportal.com/showthread.php?t=206846
Thanks for all your help,
---------------------------------------
"Nadine Wettstein" <nwettstein@ailf.org>
Subject: RE: Naturalization of adjusted asylees to LPR status
Date: Tue, 14 Mar 2006 14:11:07 -0500
Thanks for the question. Unfortunately, no, we do not believe such a lawsuit would be successful. We certainly considered this question before we filed and during the time we were working on the Ngwanyia asylee adjustment lawsuit. The refugee and asylee adjustment statutes are different and both are governed by their statutes. Aside from not being able to identify a strong legal argument, we believe that plaintiffs in such a class action would have to quantify how long they had to wait solely because of the former INS delays. We think that's impossible to do. As background, before we filed the lawsuit, the INS was not adjusting the full 10,000 asylees it could every year -- this created part (but only part) of the backlog and is what the lawsuit was about. After we filed the lawsuit, the INS began adjusting the full 10,000 per year (until our settlement and the REAL ID Act last year; since then they have been adjusting more than 10,000). So the backlog the last few years has not been because of the former INS's failings to adjust the number it was permitted to. The backlog was because there were more than 10,000 asylees applying for adjustment each year. But because Congress set the cap at 10,000, everyone else had to wait. Unfortunate, but it was set by Congress (now removed, as I mentioned).
That is our analysis. I hope this is helpful.
Sent: Tuesday, March 14, 2006 7:36 AM
To: Nadine Wettstein
Subject: Naturalization of adjusted asylees to LPR status
Dear Ms. Wettstein,
I am one of hundreds of asyless that had their status adjusted to LPR after 5 years of waiting. Recently, the USCIS has been adjusting the status of asyless approved in 2003 and 2004 while others that have been approved in 1999 are still waiting.
For those of us that received their GCs, our cards were backdated one year from the date of approval. Our question is: can we file a lawsuit requesting our LPR status to be effective as of the date asylum was granted? If we carry the same definition as refugees, why are we treated differently?
The USCIS backdates our card to one year from date of adjustment to LPR status as this is the indicated time frame on the notice they send once asylees file for adjustment. If the USCIS messed up and did not handle our cases properly, why should we pay the price? All of us are supposed to be eligible for Naturalization had the USCIS adjusted our cases on time.
Please let us know if we have a case should we decide to file a class lawsuit? if so, can AILF help us?
If it's not hassle, please click the link below. It is an asylee immigration forum. It has all our questions and concerns.
http://www.immigrationportal.com/showthread.php?t=206846
Thanks for all your help,
---------------------------------------
"Nadine Wettstein" <nwettstein@ailf.org>
Subject: RE: Naturalization of adjusted asylees to LPR status
Date: Tue, 14 Mar 2006 14:11:07 -0500
Thanks for the question. Unfortunately, no, we do not believe such a lawsuit would be successful. We certainly considered this question before we filed and during the time we were working on the Ngwanyia asylee adjustment lawsuit. The refugee and asylee adjustment statutes are different and both are governed by their statutes. Aside from not being able to identify a strong legal argument, we believe that plaintiffs in such a class action would have to quantify how long they had to wait solely because of the former INS delays. We think that's impossible to do. As background, before we filed the lawsuit, the INS was not adjusting the full 10,000 asylees it could every year -- this created part (but only part) of the backlog and is what the lawsuit was about. After we filed the lawsuit, the INS began adjusting the full 10,000 per year (until our settlement and the REAL ID Act last year; since then they have been adjusting more than 10,000). So the backlog the last few years has not been because of the former INS's failings to adjust the number it was permitted to. The backlog was because there were more than 10,000 asylees applying for adjustment each year. But because Congress set the cap at 10,000, everyone else had to wait. Unfortunate, but it was set by Congress (now removed, as I mentioned).
That is our analysis. I hope this is helpful.
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Lazerthegreat
Registered Users (C)
I hate to say this but the reality is that such a lawsuit really has no chances of success exactly due to reasons given to "ma1231" by AILF:
Now for example even if you still file such as suit (can you see now why sometimes even attorneys are not useful because they differ in opinion), fighting with govt. can take years and until then many of you will be eligible for citizenship under statutes. Can you guys honestly tell me how many of you would'nt file for citizenship because your lawsuit is pending and you first want to win the case and get citizenship? Be honest... Even if you file Lawsuit NOW, poeple will start falling off this wagon as soon as they become eligible and you will be left with a lot of wasted money not to mention all the agony & time you would have spend with these attorneys.
I am myself in this boat and haven't even gotten a green card yet. but I think its the price I to pay to live like this until I become a citizen because its me who chose to live in this country not vice versa.
just my opinion.
Now for example even if you still file such as suit (can you see now why sometimes even attorneys are not useful because they differ in opinion), fighting with govt. can take years and until then many of you will be eligible for citizenship under statutes. Can you guys honestly tell me how many of you would'nt file for citizenship because your lawsuit is pending and you first want to win the case and get citizenship? Be honest... Even if you file Lawsuit NOW, poeple will start falling off this wagon as soon as they become eligible and you will be left with a lot of wasted money not to mention all the agony & time you would have spend with these attorneys.
I am myself in this boat and haven't even gotten a green card yet. but I think its the price I to pay to live like this until I become a citizen because its me who chose to live in this country not vice versa.
just my opinion.
wantcitizenship
New Member
Count me in.
That's something worth to fight for.
You will have my finacial support.
That's something worth to fight for.
You will have my finacial support.
John Smith 1
Registered Users (C)
count me in
i like to join you guys in the lawsuit,
iam ready for financial contributions,
i live in san francisco area
ND : FEB 2001
FP : may 2004
BIO : AUG 2004
GC APPROVAL : AUG 2005
i like to join you guys in the lawsuit,
iam ready for financial contributions,
i live in san francisco area
ND : FEB 2001
FP : may 2004
BIO : AUG 2004
GC APPROVAL : AUG 2005
only one person..just one made an effort to call AILA.and he posted their response.
we need a joint efforts..an input..so we can proceed accordingly.so far AILA's response was negative on this issue.still we can get other's view.am still consulting some lawers.tomorrow am gonna talk to Mr Johnathan in san francisco and i will ask him if we can meet him in a group.then whoever lives in san francisco bay area are requeted to take out time to have meeting with these attorneys.as far as question about future asylees, this not gonna much helpful.cuz their cases are getting adjusted much faster than those were 99-00 applicants.so we are basically looking at speedy result out of this lawsuit.otherwise we donnt wan be in jeopardy.you know what i mean.
once again; please talk to your area's best immigration attorneys.and post their responses here.so we can decide whether it's going to be fruitful.
we need a joint efforts..an input..so we can proceed accordingly.so far AILA's response was negative on this issue.still we can get other's view.am still consulting some lawers.tomorrow am gonna talk to Mr Johnathan in san francisco and i will ask him if we can meet him in a group.then whoever lives in san francisco bay area are requeted to take out time to have meeting with these attorneys.as far as question about future asylees, this not gonna much helpful.cuz their cases are getting adjusted much faster than those were 99-00 applicants.so we are basically looking at speedy result out of this lawsuit.otherwise we donnt wan be in jeopardy.you know what i mean.
once again; please talk to your area's best immigration attorneys.and post their responses here.so we can decide whether it's going to be fruitful.
SINNERSROOM
Registered Users (C)
HiParamvir1 said:
I had a chance to talk to that Top lawyer about that lawsuit today. He told me "court will dissmiss it".Believe me guys that guy tells no tails.
He recommended to do following and he wrote down on a paper following.
"BEFORE YOU CAN BRING A SUIT AGAINST THE AGENCY YOU MUST EXHAUST YOUR ADMINISTRATE REMEDIES.BRING YOUR COMPLAINT TO THE ATTENTION OF THE AGENCY AND THAN THE NEWYORKTIMES AND WASHINGTONPOST."
he told me it will be very effective way to solve that problem.i told him there hundreds of asylees would like to take part on a lawsuit.he told me it is even better.
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