Class action lawsuit on delayed name check

peanutbutter

Registered Users (C)
Few months ago I hired a attorney to help me out with my delayed name check which has been pending for over 2 years now. After my attorney filed a complain to immigration services they responded by calling me in to take another set of fingerprints which has been 3 weeks ago.
Today my attorney has called me and asked me if I would like to take part in class action lawsuit with few other people for delayed name check.
Do you guys have any information about class action lawsuits against immigration service for delayed name check, would this benefit or harm my case in anyway?

Any suggestion or information would be greatly helpful.

Thanks.
 
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I would avoid the class action suit. It is a ploy by lawyers to make lots of money for themselves, and it usually helps no one else.

99% of all class action suit never goes to the court. They almost always settle out of court. Usually, the settlement entitles lawyers to get a huge attorney fees while you get peanuts. For example, there was a class action suit against cruise ship companies. At the end, the lawyers got millions of dollors as fees, and the suing party got discount coupons for future cruise booking as settlement out of court. It's a outrage.

You can almost be assured that if there is a class action suit, USCIS will fight it fully or settle for some minor concession. They cannot afford to lose a class action suit in a court as it will affect their entire operation. Your suit is already going on ahead on its own, and you don't want to be a part of some rubbish settlement.

That's my 2 cents.
 
please clarify

Few months ago I hired a attorney to help me out with my delayed name check for over 2 years now. After my attorney has filed a complain to immigration services they responded by calling me in to take another set of fingerprints which has been 3 weeks ago.
Today my attorney has called me and asked me if I would like to take part in class action lawsuit with few other people for delayed name check.
Do you guys have any information about class action lawsuits against immigration service for delayed name check, would this benefit or harm my case in anyway?

Any suggestion or information would be greatly helpful.

Thanks.

I don't understand your attorney's line of thinking.... or maybe you have not filled us in with more details....

If you submitted your FP's 3 weeks ago, then do you/your attorney know if the FBI returned them with no issues found? Typically the FBI returns all FP's within 24-48 hrs. If your attorney got no response from the FBI/USCIS, then maybe that's why he's asking you to join the class action.

One thing to BEWARE about! Attorneys LOVE Class Action lawsuits (CAL). Why? Well, because they make a TON of money because of the numbers of clients involved and the potential for the cases to drag on forever......and in the end, there's no telling what will happen. Also, in a CAL, (I could be wrong on this) you are probably not going to get the individual attention that should be afforded to your case

My $0.02: Get advice from 3-4 other attorneys who specialize in immig. issues. At this point, it's worth spending the extra $150-$300 per consultation (afterall, look what's at stake here - your whole livelihood? :eek:)

Actuually, now after thinking about it some more - pull a Donald Trump on your attorney. Fire him! Seriousely - if he's asking you to go for a CAL, then he's just in it for the $$. Look at my $0.02 advice column - it's worth more than $0.02 at this point
 
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Peanutbutter's initial fingerprinting was 2 years ago. It is no longer valid. That's why he was asked to provide a new set of prints. That implies his case is moving forward as of now. There is a good chance his name check is currently being worked on.

Also Mario123 is right in saying that class action suit usually drags on forever for years. The cure is worse than the disease. By the time your suit is done, maybe your name check will be long finished.
 
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My $0.02: Get advice from 3-4 other attorneys who specialize in immig. issues. At this point, it's worth spending the extra $150-$300 per consultation (afterall, look what's at stake here - your whole livelihood? :eek:)

Actuually, now after thinking about it some more - pull a Donald Trump on your attorney. Fire him! Seriousely - if he's asking you to go for a CAL, then he's just in it for the $$. Look at my $0.02 advice column - it's worth more than $0.02 at this point

I called few other attorneys and they all told me class action lawsuit is going to be beneficial to me, but this what the attorneys tell me.

I don't think I can afford to fire my attorney after spending $5500, maybe if I win the lotto tonight :D :D :D

Monday I am having a meeting with my attorney, do you guys have any advice what questions should I ask about class action suit?

Thanks.
 
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I called few other attorneys and they all told me class action lawsuit is going to be beneficial to me, but this what the attorneys tell me.

I don't think I can afford to fire my attorney after spending $5500, maybe if I win the lotto tonight :D :D :D

Monday I am having a meeting with my attorney, do you guys have any advice what questions should I ask about class action suit?

Thanks.
Only way it makes any sense is if the lawyer gives you money back. No way you sign up for class action and still pay $5500. You most certainly will not get the individual attention. The lawyer is in it for a big pay day. Did you tell other lawyers that you already paid $5500?

Do you realize that once you sign up for a class action suit, your individual suit gets consolidated into it? You can't have 2 separate lawsuits going on on same case (unless I'm mistaken about this). Only situation why I would sign up for class action is - if I don't have money to hire a lawyer myself and the class action is the only cheap way to do it.

Read a little about class action lawsuit here.
http://en.wikipedia.org/wiki/Class_action_lawsuit#Federal_class_actions

"Class members often receive little or no benefit from class actions. Examples cited for this include large fees for the attorneys, while leaving class members with coupons or other awards of little or no value; unjustified awards are made to certain plaintiffs at the expense of other class members; and confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights."
 
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