Frequently Asked Questions

Rajiv S. Khanna

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
FREQUENTLY ASKED QUESTIONS
ImmigrationPortal.Com, et al. v. Tom Ridge, et al.


REGARDING THE COMPLAINT
Q1 The complaint looks too short and vague. Should we not add more stuff to it?
A1. No. Under the normal procedures, we are required to only make pleadings sufficient to create an outline of a case.

Q2. How much time does it take for defendants to answer the complaint?
A2. They have 60 days from the date of service (12/22/2003). They often request (and we agree to) some additional time - typically 30 days or so.


REGARDING FURTHER PROCEEDINGS
Q1. How long is the lawsuit likely to take to reach a conclusion?
A1. that is impossible to predict. If our complaint is not dismissed by the court, we should be able to wrap things up within a year or so. But there are too many variables in the process.

Q2. It makes me think, although - I-485 backlog has long been a serious problem (nowadays I-140 is too!), why hasn't there been one single lawsuit like this all these years? Do we expect more similar actions taken by others following your footsteps? What impact and what changes - realistically - can we expect from this or these lawsuits?

A2. The govt. claims that there is no clear right under the law to get timely adjudication. That is the main reason we have not seen suits like this before. If the courts feel we have such a right, it would open up a world of rouble for CIS. So, the way I see it, CIS will have two choices: fight to death or settle with us as soon as possible. Let us hope they choose to something constructive. At the very least, such lawsuits will have the effect of getting the agencies' attention.


REGARDING JOINING THE LAWSUIT
Q1. I was thrilled by reading the complaint that you had filed against the USCIS regarding the lengthy processing time. I am one such candidate who is really frustrated by the entire green card process. I would appreciate it if you can answer the following questions - Is there any possibility that i could join the law
suit that you have filed against the USCIS.
- What are the implications of joining the law suit.

A1. There is no need to join. We have requested the court to treat this as a class action. If that request is granted, all Employment Based (EB) 485 applicants will be automatically covered by the lawsuit. Even if the class is not certified, benefit is likely to accrue to all if we win.

WHAT CAN THE COMMUNITY DO TO HELP?
Please follow the following thread:
http://boards.immigration.com/showthread.php?s=&threadid=107866

and the following forum

http://boards.immigration.com/forumdisplay.php?s=&forumid=208


Rajiv S. Khanna
Law Offices of Rajiv S. Khanna, PC
http://www.immigration.com
 
Last edited by a moderator:
Rajiv

I have one question. Does this apply to Labor applications that are stuck at the DOL for a long time too? It has been over a year since my application was sent to Chicago DOL. No news on the application thus far. What can be done about such cases?

Thanks
Raju
 
Mr. Khanna,

First of all let me congratulate you and the plaintiffs on this bold step.

Secondly, do you think Mr. Bush's new immigration policy of making illegals legal in this country delay the processing of all cases even further?

Last time the illegals were asked to file for legal status, our labor certifications took over 2 years which used to take less than 6 months. Now those applications are delaying the I-140 and I-485 of the lawful cases.

With the new policy aimed to gather votes will make the whole process of persuing the green card a joke!! What do you think?

What was Mr. Bush thinking? Is the WHITE HOUSE going to handle all the cases? The USCIS is already backlogged, to add to our misery!!

:mad:
 
Originally posted by joyd
Mr. Khanna,

First of all let me congratulate you and the plaintiffs on this bold step.

Secondly, do you think Mr. Bush's new immigration policy of making illegals legal in this country delay the processing of all cases even further?

Last time the illegals were asked to file for legal status, our labor certifications took over 2 years which used to take less than 6 months. Now those applications are delaying the I-140 and I-485 of the lawful cases.

With the new policy aimed to gather votes will make the whole process of persuing the green card a joke!! What do you think?

What was Mr. Bush thinking? Is the WHITE HOUSE going to handle all the cases? The USCIS is already backlogged, to add to our misery!!

:mad:
Click to expand...


Let us wait and see. I am not sure there will be an amnesty.
 
I don't think Bush can afford to alienate the right wing but declaring an amnesty, but even legalization of illegal immigrants will spell doom to any approvals of our cases in the near future since all resources will have to be directed towards the paper work which will be caused due to applications by over a million illegal immigrants.

All we can do is wait and watch, we don't have voices (or votes) to participate in this debate. All we can do is petition congress to speed up our approval process, so that by the time this goes into law, a lot of us will have been approved already!
 
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