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Class Action Lawsuit vs Department of State

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chamele0n

Registered Users (C)
We have to file a class action suit to reinstate the results at least for those 22000 of us whose dreams have been shattered at this time. I on my part am notifying the following leading class action law firms that have sued Department of State in the past of this case. Some people think we may have been subject to arbitrary and unreasonable process, resulting in a denial of due process, among other claims. In any event this is for a court to decide. I strongly urge you to join me and report this to these firms. Please go to

hbsslaw.com/signup/fraud/

The more of us report this the better chance we have of having a class action law suit.

Another firm that has sued the State Department on behalf of K-1 visa holders in the past is

entrylaw.com/contact.html

Civil Rights organizations also very often bring cases on behalf of immigrants. Please see this list of PRO-IMMIGRANT Civil Rights organizations and send them a copy of your letter:
http://www.publiceye.org/research/directories/immig_grp_defend.html
 
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you might be able to win some money compensation,
but you will not be able to win the green card based from flawed process :)

lawfirm will only take care of the lawsuit if there is money to be made...
the question is, how much money is there to be made ? :) hahaha

I mean, the lawfirm do not really care whether you get your green card or not...
they just want their "cut" (money) :) hahaha
 
this is america, you still can get money, remember that in usa you can gain million for falling in a store so, emotional distress is a good motive.. but still, you need to have an american adress
 
I am sorry guys but being selected in DV2012 only gives the right to continue with the application process. DOS does not guarantee neither a visa interview nor a GC (it's in the rules). Thus any case against DOS will be groundless. You could be able to get compensation for the airmail/courier fees paid but that's pretty much all. Again sorry to all that got false hopes but they had to follow the law.
 
jayo2k said:
this is america, you still can get money, remember that in usa you can gain million for falling in a store so, emotional distress is a good motive.. but still, you need to have an american adress
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NOPE, wrong again, you do not need to have an american address. your lawyer have american address and as long as he is licensed to practice in that field.
the question is, how much money the lawyer will get, and how much it will cost him ?

this is good for the lawyer first,
but not so sure for the class action participant,
because if you win money, it will have to be divided between lawyer (large slice of the pie) and the entire (maybe thousands) of participants...
then the participants will get their dismal cut by dividing their small pie into tiny little pieces
:)
 
well, class action is useless simply because the DV is a privilege, not a right, based on just that makes the lawsuit useless & keep in mind that the republicans want to cancel the dv program so they won't give a rat *** about foreigners that want to immigrate... just wait july 15
 
chamele0n said:
We have to file a class action suit to reinstate the results at least for those 22000 of us whose dreams have been shattered at this time.The more of us report this the better chance we have of having a class action law suit.
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Assuming you're successful, what's stopping the other 16+ million applicants from filling a Class Action Lawsuit vs Department of State for unfair selection? :)
Relax, you still have a chance of winning on July 15th. Quit being such a crybaby, the lottery was unfair, it was redrawn. That's it.
 
for information, we do not all have the same chance of winning, asian peoples have among the lowest, african & european have the best
 
jayo2k said:
for information, we do not all have the same chance of winning, asian peoples have among the lowest, african & european have the best
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We have an equal chance of winning. However, the winning percentage allocated to each region is not the same.
 
jayo2k said:
well, class action is useless simply because the DV is a privilege, not a right, based on just that makes the lawsuit useless & keep in mind that the republicans want to cancel the dv program so they won't give a rat *** about foreigners that want to immigrate... just wait july 15
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Agreed. How can immigrants sue, especially in this DV category? Sounds impossible to me. DOS did not revoke anyone's VISA but only the results. This attempt will only pissed them off and cause them to move forward with the new criteria come DV-2013 (i.e. allocate all the visas to college students with advanced degrees who are already in the USA)...
 
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win dv said:
Agreed. How can immigrants sue, especially in this DV category? Sounds impossible to me. DOS did not revoke anyone's VISA but only the results. This attempt will only pissed them off and cause them to move forward with the new criteria come DV-2013 (i.e. allocate all the visas to college students with advanced degrees who are already in the USA)...
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DOS doesn't have any discretion to change the rules of the program. It's a congressionally mandated program and Congress can change it. DoS, KCC, your mom, or your cat can't change rules because you "piss them off." This country is not a dictatorship. They are just workers. Congress can change rules and Congressmen don't care if you file suit against DoS. Congressmen only care about the constituents in their state/district/etc.. You really should understand the US government system a little better before talking.
 
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If the flawed resuls would've got confirmed, the other participants could sue because that was not according to the US law (as they say in the explanation). Cancelling the results doesn't break any law!
 
The computer glitch created a random process, it not like the selections where pre-determined they where randomly selected by a process that was random but different from the previous years. That make the results valid!!!!!!!

Those that won should raise a class action to get the results reinstated.
 
For those that don't have a US address to report the fraud via the link provided by chamele0n i.e. hbsslaw.com/signup/fraud/ just call them on the number provided on the website. see below:

"Please fill out this form if you believe you have information regarding fraudulent activities at a company or organization.
All information contained in this transmission is confidential and Hagens Berman agrees to protect information against unauthorized use, publication or disclosure. However, if you would like to report a fraud and do not wish to submit information via the Internet, please contact us by phone at (206) 623-7292"


That is what i'll be doing.
 
Since the 1st of May, I've been reading a number of threads and forums about peoples opinions on the DV2012; and I've been resisting the urge to tell it like it is. Can't resist anymore; this thread has taken things too far. One would be forgiven to label the majority of you guys a bunch of whinning babies. You have chosen to forget that being issued with a visa to live in the US through the lottery is not your right! Being selected for further processingfor DV does not automatically translate to eventually being issued with a visa; the bucks stops with the Visa Officer.Thats why when DV selectees get denied visa for one reason or another, its final!! you cant take the visa officer or the consular to court. Being selected and issued with a visa is more of privilege! Its not like the family-sponsored visa process, where you can engage the services of a lawyer. A few days ago when they released the faulty results, some of you were advising those who had not been selected and were complaining hard that the selection process was not random to stop being whinning babies! Its about time you took heed of your own advise and stop this law suit crap.
 
Read the DV Instructions before people start accusing the Gov't something as serious as fraud or it will just backfire on you. If anything, it just shows the Dept of State's actions DISPROVES fraud. They could have kept silent, not done anything, just stick to the results. No one outside would know, and people will just go on their merry way. The DV Instructions (on page 9) states very clearly: "All entries received DURING the registration period will have an equal chance of being selected within each region". The operative word here is "during". When you have 90% of people winning from only the first two days (as confirmed by a DOS official to journalists who have all reported this, that selection does not adhere to the "during" principle and is not random. If you applied on 5 and 6 Oct, you were almost sure (90%) to win. How is that fair?

By the way, OP = for a law student, fancy language and shaking your fist just shows up you have not grasped law if that is what you are studying. Where is your breach? Where is your violation of law? If anything, the non-random process just shows the results would have broken fair justice principles etc. if they had been allowed to stand, and DOS' non action would have committed breach. At the most, you can probably think about action to sue for out-of-pocket expenses but then again, how many people will want to possibly prejudice their name by being difficult and for what: a relatively small sum.

They took a long time to do this - the system was down for a week. They must have considered all possibilities, consulted lawyers, senior government, the works before they made an announcement.

In the end, be glad INTEGRITY prevailed.
 
Scarnam:

I dunno. Maybe you are sincere. Or maybe you are just a tiny bit afraid that the lawsuit may lead to the discovery that all previous years used similar algorithm, and therefore YOUR winning application will be declared null and void? ;)


Scarnam said:
Since the 1st of May, I've been reading a number of threads and forums about peoples opinions on the DV2012; and I've been resisting the urge to tell it like it is. Can't resist anymore; this thread has taken things too far. One would be forgiven to label the majority of you guys a bunch of whinning babies. You have chosen to forget that being issued with a visa to live in the US through the lottery is not your right! Being selected for further processingfor DV does not automatically translate to eventually being issued with a visa; the bucks stops with the Visa Officer.Thats why when DV selectees get denied visa for one reason or another, its final!! you cant take the visa officer or the consular to court. Being selected and issued with a visa is more of privilege! Its not like the family-sponsored visa process, where you can engage the services of a lawyer. A few days ago when they released the faulty results, some of you were advising those who had not been selected and were complaining hard that the selection process was not random to stop being whinning babies! Its about time you took heed of your own advise and stop this law suit crap.
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Dont be stupid. They have the right to make any change on the program. They can even cancel the program at any moment.
 
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