law suit against BCIS

U

user7

Registered Users (C)
Hi All,

I need your advise, I am totally frustated with this wait and being ping ponged between BCIS and the lawers. I was on vacation and could not check this portal often enough when Ravij was looking for folks who have an old receipt date for their I-485 and whose application has been long pending for no apparent reason. Here are my details

RD:Oct 5th 2001
WAC: WAC 02 034 XXXXX
Last correspondence with BCIS was in Nov 2002, they acknowledge to receive my RFE on NOV 25th, 2002.
1st FP : April 2002 and no second FP
Already applied for 3 EADs and APs and gearing up for the fourth one as they expire in next 6 months.

Does somebody have any info on how can I proceed with a law suit against BCIS and is there a good lawer in bay area that can help me with that.

Thanks
 
Last edited by a moderator:
You should be sending fax inquiry to INS every week. Pick up the template from one of the thread on this board.

You should also be in touch with Senators/Congressman(woman)...
 
For an individual case, lawsuit is expensive proposition and will not yield results fast enough (takes years, months a the best).
For your case which is long overdue
a) get the reason for delay from your lawyer/BCIS, if the issue is with Name check, contact FBI directly (search for threads on this issue) and get your name check moving.
b) Contact one of your senators to hasten the case. http://www.senate.gov/

If you want to be part of the lawsuit that has been filed by Rajiv contact his office.
 
User 7

Are you in a special security check stage? Have you ever talked to an IIO and found out what the reason for you delay is?

I am also an Oct/Nov 2001 case and my deay is due to a special Security check. thought I'd let you know
 
Believe me I have tried everything

Thank you all for your advise and information.

Believe me that I have tried everything from calling IIO to doing numerous faxes, to writing to senators. IIO just ask me to contact my lawers as my lawer's address is on my application and so they say all correspondence should be done through them, once in a while I got hold of an immigration officer and they have no clue what's going on. They keep asking me if I changed address after I file 485 and yes I did 2 and half years ago but is that that big of a reason to delay my application for this long. I also filed that form AR 11 etc and also did address change by calling BCIS. Afte that I have been receiving all my EADs and APs on my currrent address, I think this is just an excuse to let me off the phone. Most times IIO has started an enquiry on my behanf and said that BCIS will get back to me in 2 months and nothing and then I call again after 2 months, this has been gonig on for almost 6 months now. Now when I call IIO they are even rude to me since they get no excuse or way to get me off the phone. I think that's why they invented "contact your lawer" thing and don't eat our head.

I tried faxing multiple times, two times I got a response saything that my case is in processing nothing more than a line on it. I really do nto want ot bother INS also too often and so have placed a nice gap of around 2 months before making another enquiry. Remember I am oct 2001 case and JIT passed my date almost 1 1/2 year ago.

Contacted senators but got same standard letter saying that they are gonig to make enquiry on my behalf and then nothing.

Since you guys mentioned that filing a law suit all alone is not a good idea I am gonig to contact Rajiv's office ot see if I can be a part of his lawsuit. Meanwhile still trying to make enquiries from time to time. My lawer now no longer even reply to my emails but what can I do I keep bugging them since I am so frustated. I had been very patient for last 2 1/2 years and now hearing this BS about address change is making me nervous and frustated as I'll be changing my address soon.

Thanks,
 
Last edited by a moderator:
User7, I am more or less in the same boat as you. Except I do not call them at all. After my last RFE I bugged them and they sent me another useless RFE that is pending for a year now.

Do you see any relationship between the country of origin and this obvious discrimination? What do you think might be the reason?
 
I really don't know

Some of my teammates who are from same country and applied after me have got approvals long back.

Is there something we can do if we suspect any kind of profiling?
 
What is your argument? I mean, do you have a case that you can win? Or, will BCIS simply say "We process cases at our discretion."

I was told by some zelous INS officer, "Remember, immigration is a privelege -- not a right."

I think you don't have a case. They'll file your appeal in the round storage bin......... and there goes another $$$$$$$ in lawyer fees.

Why don't you wait your turn. You are very close. Don't lose patience and save yourself some money.

Good luck anyways.
 
I wonder if they have your file. Can't believe you have been at their back for so long, and they haven't done anything yet!!
 
The waiting game is psychological torture. You'll be approved..... and burdens are lifted.
 
Last edited by a moderator:
Thanks User7.

If it is country of origin, I cannot change that obviously. Therefore I know why my case is not going through and would conclude that it will not be approved until we get a more peaceful climate in this country.

Couple of people I know from my country are waiting endlessly and therefore I am not going to even bother calling them. I rather be waiting than paying lawyer to answer another useless RFE.
 
Rajiv replied promptly yesterday

And I am going to send all related documents to him asap to be able to be a part of the law suit.
 
You must log in or register to reply here.
Top