****Hearing date rescheduled to June 3, 2004****

i am sure those who join as plaintiffs have similar worries, i,e, can USCIS screw us up? I think the answer is no, but we probably want to hear it from Rajiv.
Also does plaintiff has to show up in court that day?
 
Risks

They can NOT reject applications or delay them because of our filing the lawsuit. Three plaintiffs have already been approved.

Risk is inconvenience and some expense. The court may ask you to travel to DC for a deposition (we sit in a room and the CIS lawyer can ask you questions about your case) or to appear as a witness.

I see no other risk.

But keep asking. I will answer.
 
Rajiv,

I moved from West coast to East coast, but am maintaining a c/o address in West Coast for GC purposes. If I were to sit for a deposition, would this go against the class action case? Or against my case?

What is the goal of this deposition, in a nutshell?
 
Friends,
As most of you know, the senior members of this forum have formed an organization to fight the I140 and I485 backlogs and also to change immigration laws to bring down the waiting period for citizenship. So far more than 125 people have made contributions to the "immigrationportal.org" organization.

I request every one to contribute today at www.immigrationportal.org . Click on the "paypal" button and follow the instructions. It accepts Visa, master card, amex etc. It takes just 5 minutes to make the contribution. So far we have collected about $13,000. We are aiming to collect about 40K to 50K. For more details, you can see the following thread :

http://boards.immigrationportal.com/showthread.php?s=&threadid=122531
 
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The goal

Originally posted by brokenarrow
Rajiv,

I moved from West coast to East coast, but am maintaining a c/o address in West Coast for GC purposes. If I were to sit for a deposition, would this go against the class action case? Or against my case?

What is the goal of this deposition, in a nutshell?
Click to expand...

We will try to narrow their goals and even ask the court to issue an order curtailing or denyig the right of deposition. Where there is an irregularity in the 485, they can make an issue of it. But 99% of 485's should not have any such problems IMHO.

A case like yours, I would have to know more facts before I can comment.
 
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List of issues

With AOS, one has issues with

1) Home Mortgage Loan

2) Life Insurance

3) Drivers License

anything else that people might want to add?

(Sorry if this was not the right forum to post. thanks)

What do well tell people about the status when it is "AOS"

Is it a Visa/work permit/legal/borderline????
 
Rajiv,
I am sure that you know this , but just want to remind you that you have to tell the judge that "More than 3000 (or is it 4000 ?) people have signed a petition at immigrationportal.com and sent it to all the CIS directors and ombudsman and they never acted on that. These people wanted a dialogue with CIS and they never responded. They tried everything they can, including contacting a number of congress men but still the CIS has not acted on the backlog issue. Hence we request the court to intervene and provide justuce to these people".
 
Re: List of issues

Originally posted by M101
With AOS, one has issues with

1) Home Mortgage Loan

2) Life Insurance

3) Drivers License

anything else that people might want to add?

(Sorry if this was not the right forum to post. thanks)

What do well tell people about the status when it is "AOS"

Is it a Visa/work permit/legal/borderline????
Click to expand...

You don't get students loans till AOS. Either you should have co signatory or you are not elegible for studnet loan in many university. For students with GC, loan are given without co signatory.
 
What about this new pilot projects that are approving 485s out of order? Clearly that is injustice to early filers. Can this be mentioned in this hearing.
 
Originally posted by dsatish
Rajiv,
I am sure that you know this , but just want to remind you that you have to tell the judge that "More than 3000 (or is it 4000 ?) people have signed a petition at immigrationportal.com and sent it to all the CIS directors and ombudsman and they never acted on that. These people wanted a dialogue with CIS and they never responded. They tried everything they can, including contacting a number of congress men but still the CIS has not acted on the backlog issue. Hence we request the court to intervene and provide justuce to these people".
Click to expand...

To add further most of us have letters received from local senators and congresspersons that contained the response from respective service centers justifiying backlogs.
 
The court is under control of the judge

What we can or cannot tell the court will depend upon the circumstances we encounter while we are in there. But I do have all your suggestions in kind. So keep them coming.
 
My guess is, Rajiv will ask court to deny USCIS's right to request deposition from plaintiffs.

Originally posted by hrithikroshan11
Dear Rajiv,

What do you mean by the following?

"We will try to narrow their goals and even ask the court to issue an order curtailing or denyig the right of deposition. Where there is an irregularity in the 485, they can make an issue of it. But 99% of 485's should not have any such problems IMHO."
Click to expand...
 
That is correct

Originally posted by hidden_dragon
My guess is, Rajiv will ask court to deny USCIS's right to request deposition from plaintiffs.
Click to expand...

We intend to request the court to let Defendants ask questions in writing only.
 
Come on guys,
Why don't a few more people join us for the hearing on 5/14 ? A team of 20 people will be good. So far around 10 people said that they are going. Those from North Carolina to Newjersey should seriously consider coming to the court on 5/14. Win or Lose, it will be an historic occasion. This is the first time the employment based GC applicants have filed a class action against CIS and i think that this might be the last (who else will do free service as Rajiv did to us ?). Let's witness the history. The ball is in the judge's court. Let's hope for the best, but let's keep our fingers crossed on the outcome.
 
Info

Rajiv wants to let those who intend to attend the 05/14 court hearing know that it is on



COURT 16; 6th FLOOR
 
some points

Rajiv,

I want to raise some points that you might consider asking the CIS lawyers. If you have already thought about them or consider them not so important, please ignore.

1. Why are adjudications out of order i.e., random, particularly at TSC? How come TSC is adjudicating cases from 2002 (as posted in TSC discussion board) when they have failed to clear cases from 2001? The evidence of this random act can easily be seen from the scanning that several TSC members have been doing for some time. For example, from my notice date (Sep 2001) about 25% of cases are still pending while we see lot of approvals of Jan-Feb, 2002 NDs.

2. Why is the time of adjudication for normal cases (no age-out or special cases) so variable? For example, 50% of cases filed on my date (Sep 2001) were adjudicated within 15 months whereas 25% of cases from that has not been adjudicated in more than 30 months. I am certain that the 50% of the cases that were approved within 15 months could not have been special situations.

3. You should also contend that the "stringent background checking" excuse CIS has been giving as a cause of delay is faliciuos. It is in the best interest of this nation to do the checks quickly. If a potential terrorist files a I485 application knowing that he can be here for 3 years without status problems, isn't that a long time to plan and carry out the subversive act. The terrorists who implemented the Sep 11 tragedy were here for much less time and achieved their goals.

4. How can CIS rationalize implementing pilot projects to adjudicate applications within 90 days when others are waiting for over 900 days? They complain about resources and here is a prime example of flawed policy where the priority is clearly wrong. The can implement such projects only after they have cleared the backlog.

Thanks, once again, for fighting for us. Good luck at the hearing.

sg_rg2
 
Re: some points

Originally posted by sg_rg2
Rajiv,

I want to raise some points that you might consider asking the CIS lawyers. If you have already thought about them or consider them not so important, please ignore.

1. Why are adjudications out of order i.e., random, particularly at TSC? How come TSC is adjudicating cases from 2002 (as posted in TSC discussion board) when they have failed to clear cases from 2001? The evidence of this random act can easily be seen from the scanning that several TSC members have been doing for some time. For example, from my notice date (Sep 2001) about 25% of cases are still pending while we see lot of approvals of Jan-Feb, 2002 NDs.

2. Why is the time of adjudication for normal cases (no age-out or special cases) so variable? For example, 50% of cases filed on my date (Sep 2001) were adjudicated within 15 months whereas 25% of cases from that has not been adjudicated in more than 30 months. I am certain that the 50% of the cases that were approved within 15 months could not have been special situations.

3. You should also contend that the "stringent background checking" excuse CIS has been giving as a cause of delay is faliciuos. It is in the best interest of this nation to do the checks quickly. If a potential terrorist files a I485 application knowing that he can be here for 3 years without status problems, isn't that a long time to plan and carry out the subversive act. The terrorists who implemented the Sep 11 tragedy were here for much less time and achieved their goals.

4. How can CIS rationalize implementing pilot projects to adjudicate applications within 90 days when others are waiting for over 900 days? They complain about resources and here is a prime example of flawed policy where the priority is clearly wrong. The can implement such projects only after they have cleared the backlog.

Thanks, once again, for fighting for us. Good luck at the hearing.

sg_rg2
Click to expand...


Very good points. Thanks.
 
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