Law suit('Writ of Mandamus') against USCIS

I really admire the persistence and energy of you guys. I sense an extraordinary level of passion for employment-based immigration issues in this group. This is all the more remarkable in view of the less-than-stellar response that these initiatives have generated thus far. I would have loved to associate myself in a more meaningful manner but for the fact that I just cannot bring myself to assume a posture based on cajoling and beseeching the judiciary / public officials for acceptance, even though this perhaps is the wisest course of action available to us. Somehow I am still stuck on the premise that the benefit of employment-based immigration is mutual and hence anything that impedes the process has to be regarded as being dysfunctional by both the parties. Of-course, the callous indifference of the system should have made it clear to me a long while ago that the authorities see it as something that only benefits us (they seem to deliberately keep the approvals to a trickle as if this is a dole). It looks like I am perhaps either blind or pig-headed, or maybe both.:eek:

Anyway, this is something of an aside. Good-luck on your lawsuit.
 
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A-ha, so you are yet to be disillusioned, eh? I admire the folks that still believe that roses are red, violets are blue and the salmon pink without any additives.

This is not a pipe dream - BCIS can be successfully sued, and that will leave our dignity intact. Begging for a public servant's attention clearly does not work - this is America - the most litigious society in the world, and the law is based on precedences. So let's set one.

This actually has been done and can be made into a class action.

http://www.immigrationportal.com/showthread.php?threadid=100865

Even if you don't believe this will work, come along for the ride, suing BCIS will give us something to feel good about, and payback for all those years of insecurity. Lets do it !!!
 
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Hmmm....

beyond the normal processing time ? in the writ of MANDAMUS ..

USCIS reasonable processing time of 485 ??? my foot....
they are changing it from time to time ........
21 months ..then 26 then WHAT??????

Sue them SUE THEM for god's sake...... let's get them in their act..... let's make them pay .... for all the days of apathy they've shown...for all the troubles we've to undergo ...... let's do it....LET'S DO IT........
 
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Originally posted by waytoolong
A-ha, so you are yet to be disillusioned, eh? I admire the folks that still believe that roses are red, violets are blue and the salmon pink without any additives. .... Lets do it !!!

You misunderstood my post. I am way more disillusioned than a normal human being has any right to be, and I blame the hypocrisy pervading this environment for my disillusionment.:eek:

The way I see it, any attempt to force acceptance, legal or otherwise, is an affront to an individual's personal dignity because it implies that the other party is withholding such acceptance. If you accept this premise, then it follows that the witholding party (in this case, the INS and co.) does not see the process as mutually beneficial. So, it would appear that instead of trying to force a change in attitudes by bringing a legal action, maybe, just maybe, if enough of us walk away elsewhere, there might come a day of rude awakening.
 
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The backlog situation is not going to improve next year either.

The AILA update from Washington that is in immigration-law.com second page (DHS budget signed into law) says that the funding situation remains the same for USCIS and so they don’t expect the backlog reductions to go away. So looks like we have to defend ourselves. The lawsuit is the way to go.
 

Normal processing time is 180 days as per law. Congress passed the bill and President signed that bill. So USCIS has to abide that law. Also USCIS has to submit backlog reduction reports to congress in timely manner. But I don't think they are submitting any report to congress and also they didn't reduce the backlog. Since USCIS didn't abide by that law, it is time to approach the judicial branch to take proper action against USCIS.


According to the Immigration Service and Infrastruture Improvement Act of 2000, SEC. 203,
(1) Backlog.--The term ``backlog'' means, with respect to an immigration benefit application, the period of time in excess of 180 days that such application has been pending before the Immigration and Naturalization Service.

Also, according to SEC.202. PURPOSES (b) POLICY,
It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.
 
May be we should hire an attorney to sue the USCIS.

I am ready to contribute Money & Time.

Did any one talk to Rajiv or any other expert attorney regarding this matter.
 
Sankrityayan...

I realize where you are coming from. Please understand that I am in the same boat, and that this is not a personal attack.

I see immigration as a symbiotic relationship - 'new blood' is necessary for the prosperity of any society - be it through immigration or whatever other feasible means of interchange of ideas. American society benefits as much as immigrants do from each other's skills/perspectives. However, for a large majority of immigration applications, US is still the 'donor'. I know this because my girlfriend works for a literacy council, and she tells me of all the $$$ and in-kind benefits doled out to immigrant groups...without any immediate tangible returns to the administration. Unfortunately for the employment based immigration groups, this is not the case. Though we contribute so much to the current and future growth of the economy, our contribution gets lost in the myriad of immigration issues which primarily deal with the non-employment based groups. To compound the problem, not many employment-based applicants will simply 'walk away' so as to have a cathartic effect on the CIS officials...simply because the applicants don't have a better alternative. Home countries may be performing well, but we did want a change in our lives, didn't we? With other economies picking steam, things might change. However, I just don't see disillusionment in the CIS official’s viewpoint no matter what. It's a really long wait while we hope that global competition for talent picks up so much that US feels a need to step-up its talent recruiting initiatives.

A lawsuit will still not totally help them see that EB immigration in not a one-way street. But what are the other options? This could be a first baby step.

All said and done, I'm just as lost. Let me know what you think.
 
Originally posted by Sankrityayan
You misunderstood my post. I am way more disillusioned than a normal human being has any right to be, and I blame the hypocrisy pervading this environment for my disillusionment.:eek:

The way I see it, any attempt to force acceptance, legal or otherwise, is an affront to an individual's personal dignity because it implies that the other party is withholding such acceptance. If you accept this premise, then it follows that the witholding party (in this case, the INS and co.) does not see the process as mutually beneficial. So, it would appear that instead of trying to force a change in attitudes by bringing a legal action, maybe, just maybe, if enough of us walk away elsewhere, there might come a day of rude awakening.

The justice system was created to provide justice to those who need it and/or to provide accountability. If we just sit and expect the witholding party to magically see the light, then we may as well as say we do not need the justice system. Lets just wait , in definitely , for a wrong to be righted by the one who has wronged us.

Change doesnt come by just expecting it to come . It has to be forced.

Secondly, lets put our money where our mouth is. Those who think we should walk away, should lead the way. Maybe, just maybe, the " hypocrisy" lies in both parties ?
 
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Originally posted by d1203
The justice system was created to provide justice to those who need it and/or to provide accountability. If we just sit and expect the witholding party to magically see the light, then we may as well as say we do not need the justice system. Lets just wait , in definitely , for a wrong to be righted by the one who has wronged us.

Change doesnt come by just expecting it to come . It has to be forced.

Secondly, lets put our money where our mouth is. Those who think we should walk away, should lead the way. Maybe, just maybe, the " hypocrisy" lies in both parties ?

"Change doesnt come by just expecting it to come . It has to be forced."

Sure; If you read my earlier posts, you will note that I have lauded the efforts of the group that wants to do this. I provided my reasons for not wanting to be a part of it as something of an apology for not being with them.

"Secondly, lets put our money where our mouth is. Those who think we should walk away, should lead the way. Maybe, just maybe, the " hypocrisy" lies in both parties ?"

It is clear from USCIS's actions that they do not believe in this so-called mutually beneficial deal. Yet, the folks here keep insisting that it is so. Such insistence strikes me as being rather self-serving and hypocritical. Honest admittance on my part that I do not want to grovel/implore/force the other party to see my attempt to immigrate as being mutually beneficial does not appear to me as being terribly hypocritical.

Also, it would be obvious to anyone with a rudimentary understanding of the tenets of collective bargaining that the premise that if-enough-number-of-talented-people-walk-away,-it-would-bring-USCIS-and-congress-to-a-rude-awakening, can only work if the degree of cohesion among both the negotiating parties is comparable. So, while I would be very willing to relocate to a different country (and I may very well actually do so in the interest of my own career and I have been planning on those lines for a couple of months now - I will make a note to post a congratulatory message from wherever I am when your case is approved, if you would start a thread), it would have little impact on the attitudes of USCIS if it is me alone that walks away, or for that matter, even if it is a handful of fellow disgruntled souls. So, I am not clear what it is that you would like to me prove here.
 
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Re: law

Originally posted by Dadagiri
Edison,
Can u show me the law where it states that 485 should be approved in six months?

Congress made an observation within AC-21 as reproduced by Edison in his/her post above (and also as part of the related legislative history) that the normal processing time to adjudicate an adjustment of status application is six months. This was meant to be a slap on the wrist of INS and not a line in the sand. They could have as easily made it the law by having the service regard any application that is pending beyond the six month period as having been granted a provisional green-card, but they did not. Congress has passed several appropriations bills since the passage of AC-21 and, all this while, has simply ignored the increasing backlogs in continuing to deploy application fee receipts to border enforcement and other areas unrelated to application processing.

So, if a writ is filed in a federal court under the administrative procedures act, it can perhaps be established that AOS applications pending beyond six months have remained unadjudicated beyond the 'normal processing time'. However, it is not a slam dunk in as much as Congress has not provided adequate funding to enable INS to comply with what Congress has in the past regarded as 'normal processing time'. The administration will want to argue that it is well and good to lisp platitudes as to what 'normal' is, but if Congress has not put the country's money where its mouth is, then their 'normal' is not necessarily the real normal.
 
Originally posted by Sankrityayan
...but for the fact that I just cannot bring myself to assume a posture based on cajoling and beseeching the judiciary / public officials for acceptance, even though this perhaps is the wisest course of action available to us. Somehow I am still stuck on the premise that the benefit of employment-based immigration is mutual and hence anything that impedes the process has to be regarded as being dysfunctional by both the parties. Of-course, the callous indifference of the system should have made it clear to me a long while ago that the authorities see it as something that only benefits us (they seem to deliberately keep the approvals to a trickle as if this is a dole). It looks like I am perhaps either blind or pig-headed, or maybe both.:eek:

to an extent, i see things your way, too. i wish for my acceptance to come neither as a dole nor as a concession from a grudging and unreceptive host; hence my reluctance to either entreat or litigate.

trying to look at it another way, i do wonder just what acceptance might mean in this context. i have looked for acceptance in the more mundane, everyday things. ideally, to feel "accepted", i wish to be the subject of neither discriminatory nor preferential treatment in my everyday life. and, being inescapably an "immigrant" (even if not in the legal sense yet), i have been sensitive to the subtle signs, almost despite myself.

presuming to speak for nobody but myself (and to cut a long story short), my work is respected at my place of employment, and i am treated no differently from any of my coworkers. my wife and i have formed warm friendships with our colleagues and neighbors, and often with their friends. we have been on hogroasts and hayrides with them (these are the prairies, after all!). our children have playdates, and we have babysat each other's kids. in situations where we are not known on a personal level, be they the walmarts or the airports, we have met with nothing but the courtesy that is due any person. and this is not just in our home state where, being the bible belt, the people are just friendlier; we have experienced this all over the u.s.

so, BCIS, by delaying our paperwork, is not withholding acceptance by the denizens of this country. nor approval of one's I-485, ipso facto, suddenly makes one acceptable. to put it in its proper perspective, the delay at BCIS has legal, financial, etc., implications for us. it is not personal, as don corleone might say.

as a born citizen might have to recourse to legal means to right a wrong done them by a public body (some peoples' troubles with social security and medicare come to mind), the legal action that is the subject of this thread is of that ilk too. pursuing such a course need not be a statement of the lessening of our worth, even in our own minds where it is most important.
 
Yes, I do agree in ditto to what Pork says…its not that we are asking for any dole..or such things..in fact, since most of EB cases are hi-tech, we are contributing to the society in a big way..whether its social security…taxes..buying new consumer products etc..and also when we have spent so much time and money for GC..than why this delay…?? Its not that they are doing some charitable work..(they get paid for what they do)….. they are going to be kind to us.we are paying huge amount of fee everytime...and when all efforts fail ..the only course for action in a free society is going for litigation…how long can one just wait and wait..and get into arguments with fellow suffrers…!!!
 
Originally posted by Pork Chop
to an extent, i see things your way, too. i wish for my acceptance to come neither as a dole nor as a concession from a grudging and unreceptive host; hence my reluctance to either entreat or litigate.

trying to look at it another way, i do wonder just what acceptance might mean in this context. i have looked for acceptance in the more mundane, everyday things.....

.... nor approval of one's I-485, ipso facto, suddenly makes one acceptable. to put it in its proper perspective, the delay at BCIS has legal, financial, etc., implications for us. it is not personal, as don corleone might say.

To clarify, by acceptance, I did not mean acceptance by my neighbours and co-workers and others who we encounter in life in general. I too believe in the good nature and intentions of most people around me. However, such good nature, for example, will not help much if I lose my job suddenly, or if my parents want to visit but cannot for want of medical insurance that does not exclude practically everything in the name of pre-existing conditions. I was meaning acceptance in the legal, financial and governmental sense. In fact, I would happily trade some of the good nature/attitude of my fellow inhabitants of this country for more even-handed consideration from the government.

".... pursuing such a course need not be a statement of the lessening of our worth, even in our own minds where it is most important."

I agree that it need not be. Even so, from what you mentioned in your email, you seem to feel the same way as I do. On the other hand, clearly there are many well-meaning individuals here that have a different view of this. I guess it is specific to the situation and individuals concerned.

Lastly, I reproduce an excerpt from my earlier email below to underscore the fact that I have from the beginning recognized the merit in this law suit and supported it:

", even though this perhaps is the wisest course of action available to us."

So, all in all, shall we just wish Edison and Co. good-luck?:)
 
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Are you guys really serious about filing a law suit against USCIS?

I would like to choose Rajiv as our attorney and file a Group law suit, so that we all can bear the expenses & time.


I would like to know your response.
 
I still think that we should go ahead

While, as Rajiv said, we do not have guranteed success, I don't think we have anything to lose anyways (well, excluding money).
 
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