allaboutgc
Registered Users (C)
Why are we silent while other people fhight their interest at the expense of ours?
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Let's stand up against the lawuit! It will ruin all pending cases!
- Thread starter allaboutgc
- Start date
Why are we silent while other people fhight their interest at the expense of ours?
I totally agree with you. It is very unfair to process recent cases while backlog is still pending on one pretext or other.
Do not woory, don't think there has been any successful lawsuits against USCIS.. in the end ,it is only going to be time wasting excersie for people who got involved in it.
I agree with armie.
In fact, I wonder who would they file lawsuit against? - USCIS or State-Dept. If USCIS, then they are not the one allocating VISA and publishing its bulletin. If State-Dept, then AILA or any immigration lawyer is not its customer (no direct relationship).
Victims are always immigrants. We should go for peace-rally like suggested many and bring this to media attention. This may not be helpful but atleast we can try.
I don't think class action file suit will cause anything bad to people who already filed. If lawsuite wins
1) USCIS might endup in paying some dollars to plaintiffs
2) They will endup in accepting all rejected filings with RD of July 07. But they will not get anyother preferential treatment for sure.
3) There is a lil grey area about the allocation of visa numbers and the procedure for it. Nobody knows how the judges make a decision on that.
IF USCIS wins
Nothing changes.
But a lawsuit is good in one sense that people are watching their actions and they cannot do whatever they want to. So they will be more careful doing their job.
1) USCIS might endup in paying some dollars to plaintiffs
2) They will endup in accepting all rejected filings with RD of July 07. But they will not get anyother preferential treatment for sure.
3) There is a lil grey area about the allocation of visa numbers and the procedure for it. Nobody knows how the judges make a decision on that.
IF USCIS wins
Nothing changes.
But a lawsuit is good in one sense that people are watching their actions and they cannot do whatever they want to. So they will be more careful doing their job.
skp19722003
Registered Users (C)
I guess, it's good for us. At least they will not play with us like this in the future.
Jackolantern
Registered Users (C)
There have been. In cases where people have been waiting for citizenship for years because of name check, USCIS has been forced by the court to grant their citizenship without waiting for the name check. People with long-pending green card applications have also been successful in filing WOM lawsuits to force the USCIS to decide their application (although I don't know if any of those involved ignoring name checks).Do not woory, don't think there has been any successful lawsuits against USCIS..
The examples you cited are mostly individual cases, chances of winning a class action lawsuit agianst government agencies are almost nil eventhough immigration lawyers will try to convince otherwise. We all know the initiative by Mr. Khanna did not yield the results inspite of his best efforts.
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.Why are we silent while other people fhight their interest at the expense of ours?
It is not about immigrants. The actions of USCIS & DOS hurt the potential immediate profits of immigration lawyers including of course AILA members. They fight for themself and the afected immigrants might be in a better or worse postion after the lawsuit. Nobody cares.
The examples you cited are mostly individual cases, chances of winning a class action lawsuit agianst government agencies are almost nil eventhough immigration lawyers will try to convince otherwise. We all know the initiative by Mr. Khanna did not yield the results inspite of his best efforts.
Couple of years ago there was a big class action lawsuit agains Canadian immigration administration. The subject of the lawsuit was the extended dalays of older cases. The lawyers who filed the lawsuit won a number of million dollar. The immigrants got nothing.
One note about the lawsuits. They usually are very expensive and time consuming. I wish USCIS better allocated those resources for improving their efficiency.
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All of you,
Any one of you have given a thought for just a second, what would have happened if your labor was not approved in time to file 485. You wouldn't have had a pending 485 like what you have got now. Most people who are waiting desperately to file are that whose Labors are recently approved after 3 -6 years time frame. They are waiting for light since at least 3 years [since Oct 2004] in the case of EB3 and 2 years [since Oct 2005] EB2 with approved labor in hand. Being on H-1B visa before filing I485 you should better understand the problems of those who are H-1B visa and waiting to file I485 for ever.
Don't you think you are too selfish. You do not want some one to join behind you in the line. July bulletin meant life for many who were waiting. I simply do not understand what kind of persons would each of you be. It is very shocking to listen so many voices around that Update to July bulletin is good and Law suit is bad
Any one of you have given a thought for just a second, what would have happened if your labor was not approved in time to file 485. You wouldn't have had a pending 485 like what you have got now. Most people who are waiting desperately to file are that whose Labors are recently approved after 3 -6 years time frame. They are waiting for light since at least 3 years [since Oct 2004] in the case of EB3 and 2 years [since Oct 2005] EB2 with approved labor in hand. Being on H-1B visa before filing I485 you should better understand the problems of those who are H-1B visa and waiting to file I485 for ever.
Don't you think you are too selfish. You do not want some one to join behind you in the line. July bulletin meant life for many who were waiting. I simply do not understand what kind of persons would each of you be. It is very shocking to listen so many voices around that Update to July bulletin is good and Law suit is bad
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knowDOL
Its not people proposing NO LAWSUIT's are heartless or selfish..
There are several good things happened here too... USCIS cleared 60K applications in one month..which means a huge amount of back log is cleared
which would help the new filers tremendously in terms of wait period once they file. In case of a law suit some of the approvals could be vulnerable, according to Mathew Oh. The outcome of law suit is unpredictable.
I don't think these lawyers are driven by 485 filers pain and suffering. They see an opportunity to make money here( sorry Rajiv!) and redeem their losses. Last year 10K visa's were wasted. Why nobody filed a lawsuit against that? IF USCIS and DOS were pro active they could have saved 10 K visas.
I support the lawsuit, because that would send a message to the fed agencies that they cannot do whatever they want to. But I don't know that will in the future make them slow again and waste visas.
babu
Its not people proposing NO LAWSUIT's are heartless or selfish..
There are several good things happened here too... USCIS cleared 60K applications in one month..which means a huge amount of back log is cleared
which would help the new filers tremendously in terms of wait period once they file. In case of a law suit some of the approvals could be vulnerable, according to Mathew Oh. The outcome of law suit is unpredictable.
I don't think these lawyers are driven by 485 filers pain and suffering. They see an opportunity to make money here( sorry Rajiv!) and redeem their losses. Last year 10K visa's were wasted. Why nobody filed a lawsuit against that? IF USCIS and DOS were pro active they could have saved 10 K visas.
I support the lawsuit, because that would send a message to the fed agencies that they cannot do whatever they want to. But I don't know that will in the future make them slow again and waste visas.
babu
As I understand it, USCIS decided to allocate visa numbers to already filed cases irrespective of whether they were stuck in security checks. If this is the case, then it certainly benefits people who have already filed. But, this also caused all the visa numbers to be used up and no new filings were possible.
If USCIS did indeed do this, in the long run this is beneficial as far as I can see it. But, the main issue here is that they opened up the July visa bulletin and so many people did the necessary steps including the medical checks. Now, they cannot even apply. That is not acceptable.
Again, I am basing my post based on my understanding of what USCIS did. It may be completely wrong...
If USCIS did indeed do this, in the long run this is beneficial as far as I can see it. But, the main issue here is that they opened up the July visa bulletin and so many people did the necessary steps including the medical checks. Now, they cannot even apply. That is not acceptable.
Again, I am basing my post based on my understanding of what USCIS did. It may be completely wrong...