Lawsuit against USCIS 485 backlogs

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tr22

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You folks might be aware of this but I wanted to post so that more people are aware of this as well. Rajiv mentions that in the lawsuit the older the case the better it is. I am sure that folks in TSC can beat the rest of the centers in delayed 485’s. Please join together so that our voices can be heard.


Folks from different centers are posting in the Vermont center discussions about a class action suit against CIS.


This thread details the responses got from Rajiv Khanna on the potential suit.
Employment Based Immigration Backlog Petition
http://boards.immigrationportal.com/showthread.php?threadid=94080


This thread covers who want to be a part of the action for the lawsuit.
Who want to be a part of action team
http://boards.immigrationportal.com/showthread.php?threadid=100429
 
Encourage everyone to think about participating......... If we don't do anything, think about it...... at this time next year they may be processing 5/1/01
 
This drive seems to have good momentum

Now that all service centers are vying for the for the unenviable record of TSC pace in processing, I am sure we will have more participation on the lawsuit. More over Rajiv have mentioned they need 10-15 people for the lawsuit which I am sure of the thousands of folks we will definitely have atleast 10 people who are willing. So don’t give up.


Groan

TSC could even be doing Feb 01 by this time next year, who knows. So we will have to take it up on ourselves to do something. All the petition drives etc. have failed to elicit responses and I think this is the right time for this type of lawsuit given the upcoming elections next year.
 
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tombaan - lets not discourage

tombaan -> Even if we don't encourage such drives lets not discourage people with negative comments.

Lot of people are putting efforts to make this happen and I believe that they are very serious this time. Attorney Rajeev Khanna is actively posting messages on the VSC forum helping this drive. The lawsuit approach has taken a direction now and I believe that even if it does not bring results directly it will get the attention as Rajeev has mentioned and will make USCIS act on our applications.
 
my one message is nto going to stop the drive

I have been on various forums including isn and almost all the efforts do die out. either people who are pioners get approved or whatever
I am all for this kind of efforts do hope it works. whenever there is an initiative i am the first to sign on it....;)
 
Aaah.... Cut the crap.....
Everybody knows ... nobody will sue USCIS .... even if you do ... on what grounds... ask USCIS to cutshort it's security checks ????.... come on ... be real .... INS/DHS will get away with it by citing security ....blah blah ....

The idea of suing the USCIS came up long back and nothing has taken any shape till now and please .... for god's sake .... quit wasting your breath over something which WILL not happen anytime ....
 
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reply

GC Jhalak

I am sure that Rajiv would not be taking up the case if there was no merit to it. As he says in the thread that the Govt. does not encourage frivolous lawsuits. Also he has also mentioned that he will go forward with the suit regardless of how much money we collect or pay him. So I would say that there is a very good chance that this would happen.

Or the alternative is to pray and keep on praying and as we know TSC processed I think 2 months on the past year. At this pace it is anyone’s guess when we will get our GC’s.
 
Please see this thread for Rajiv's responses

http://www.immigrationportal.com/showthread.php?threadid=94080&perpage=15&pagenumber=38


He is currently evaluating the legal options and how to create a fund so people may contribute.

I would also add that Rajiv has said he would not charge for his time ( very nice) and the collected funds would be used for legal research on the case etc. There's some discussion on minimum amounts, but nothing is set so far on the money front. I am grateful to Rajiv for working on our cause.


GCJhalak, I would not rush to judgement/ make assumptions without even trying. There may or may not be a case.
 
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Originally posted by Antsy02098
I am curious

My intention here is not to disapprove any action against USCIS but,
how much it will cost for each one of us? and how long it will take for us to get some positive results?

As we know very well, a good Lawyer is very expensive and it will take a lot of work and time.

As the times goes by, everybody will have his GC approved.
Click to expand...


Yes I agree as time goes by, everybody get approved, but how long is this 'TIME'? Even if one get approved, his or her efforts are not wasted if we can make this stupid USCIS work in timely fashon. Leagal system has some teeth in this country and hope it works for us. Please guys let us give it a try, so far every other option we had failed to get us any response from this impotent folks in USCIS. Please read Mr. Khann's Posts, Groan posted the thread above.
 
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Are we forgetting something wonderful called "governmental immunity"?
I don't know much about immigration law, but I do know federal agencies are usually protected under governmental immunity when they exercise their "discretionary" functions, such as funding allocations.
I can see some individuals who will likely succeed in a law suit if they prove INS mishandled their cases. Mishandling is outside the immunity scope. But that is limited a few people can really convince the court that their files were not treated correctly.
But that is not going to help with the massive backlog issues, which can only be solved by changing INS's funding allocations and priorities, which definitely fall in "discreationary" category. And they are protected.
Courts have always refrained from second-guessing agency's "discretionary" decisions. It is not within their power to tell INS "you guys should work on I-485 first."
Without that, the only thing we could get out of a law suit is a few cases adjudicated.
As to negatively publicity issue, do you think INS cares? Can you think of a time they actually have a positive publicity?
I do hope Mr. Rajiv will find out a way to outsmart the governmental immunity problem. (or I am totally ignorant of something wonderful in immigration law)
 
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