My conversation with USCIS Lawyer

come on guys!!!
we must stay focused. let's put all our energy in what is most important: our freedom to choose and to move on.
EVERY post is important!!
Jose
 
Possible Negotiation Points.

Hi Rajiv,

Thanks again for your time and effort.

The below points my be considered for negotiation (my view).

1. Removing the suffering (indefinite validity of EAD, AP and FP, complete freedom after 6 months of filing I-140/I485 etc.)

2. Premium processing ( for I-140/I485 )

3. Immediate approval of all the I-140/I485 applications of the persons who have been supporting the Class Suit. This, in my view, is not unjustified as we have been supportive of YOU and the CLASS SUIT from the beginning, without fear or favor.

Though some may look contradicting each other, these may be used for negotiation.
 
Re: Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer

morpheus12,

We can always find some link or the other for each side. While we appreciate your effort to bring balance to this discussion, most of us believe that we do have some rights here. The right to get our applications processed in a timely manner esp. when we paid fees and submitted all the documentation they asked for. What would you do if DMV takes application fees for your DL and ask you go home and wait for ever? Where are we going to draw line..?

What we are asking USCIS is not unreasonable!!! All these EB GC rules that make sense when the process is completed in a year DO NOT, when the process takes 4-5 years at a minimum. If they can not process applications for years and security is an issue, let them issue a conditional GC after say 6/12 months. USCIS can not get up from their slumber after 3-4 years from now and issue and RFE to see if I am still working as a software engineer and not a Development Manager or pursuing a different career altogether. How silly is that?

And, while most of us are eligible to immigrate to other countries like Canada, Australia we chose to come here believing that, US of America is transparent in conducting its business and immigrant's dreamland. Question here is, is it still? Let US legislature, judicial and bureaucracy together decide on this and LET THE WHOLE WORLD KNOW. Its not the end of the world if I (we) do not get a GC here but I don't appreciate the way they are treating legal immigrants like us. We are talking about the country which tries to set standards (to most of the things) in this world and we will see how diligent they are coming to this issue in their own country!!!

My .02.



Originally posted by morpheus12
Thank you for your eloquent and well written post. I posted a link to back up my position, and I can post many more if you wish.

The fact is that non-citizen immigrants like ourselves do not have the same rights as US citizens. Many people in this thread keep complaining about their 'rights' being violated. Claiming that we should have such rights because of the US Constitution and Bill of Rights is fine and dandy - but it isn't a guarantee in court.

I don't see what is 'rabble rousing' about that. It's just the facts.
 
Support for Premium Processing

Hi All,

I am in support of Premium Processing just because the US System works on mainly two planks: Lobbying/Pressure tactics and Money, as in any Democratic/Capitalist systems.

We have already done ONE (Pressure), by filing the law suit.
The other thing being MONEY, which is missing.

Even if the grievances are removed, there may be many more hitches which we are unable to foresee now. There is nothing like getting ones GREEN CARD.
We can negotiate the Premium Processing amount.
 
Advance parole related issue

since we are listing all issues related to gc delay,let me explain another practical problem.

most people who go to their home country and get married to whomeover come back in h1 status. but not all can do that

for some people like us due to fear of losing jobs,we have put our personal lives on back burner and if we don't get married before h1 expires, we have to renew and revalidate visa and all other related headaches and torture

now our options get more limited:

let me clarify more:

1. assuming we want to return to home country after ap issued,we still need to maintian h1 visa to get a h4 for spouse to bring spouse back. if we are paroled to enter the us,why cant we have a right to bring spouse on some way related to the I-485 status rather than h1 status (non immigrant) so we are not dependant on h1 status.

LOGICALLY THINK ABOUT this: it is okay for a h1 visa to get his spouse on a h4 immaidetely but not for anyone else including a permanent resident?? SO ONLY H1 HAVE RIGHT TO marry their loved ones and all others wait at mercy of uscis???

why is there not any easy way for some one who is adjusting status to bring his spouse into the country without waiitng for gc approval and another 25 years more or continiung to work on h1 and obviously paying h1 rewnewal fees and h4 visa fees. this system is just very brutal and intended to violate every human right. also we go back to "dependence on employer"

SUGGESTION: PROVIDE AN EASY/humane way for a i-485 applicant to bring their spouse into the country

please take note of this issue as most people will have to do delicate balancing tricks of trying to get married according to these unjust uscis procedures. also note the ap takes 6 months during which you cannot leave the country. what sort of freedom takes 6 months to process?

solution : issue one document that serves as a card allowing travel,work,whatever after 180 days ON DEMAND. that card should allow spouse to to obtain a spouse visa ) to enter and then file aos like all regular h4 visa holders without conditions

i now atleast see a flicker of light at the end of a very dark tunnel.
 
Re: Re: Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer

Originally posted by PradK
We can always find some link or the other for each side. While we appreciate your effort to bring balance to this discussion, most of us believe that we do have some rights here.

I agree with you. I am just trying to bring some perspective to all this talk of 'rights'. I think many people here appear to have unrealistic expectations that a lawsuit can bring magical relief to their frustrations.

The reality is that many many immigrants have sued the INS over the years. Simple mandamus cases have often worked. But you can be sure the USCIS will not allow immigrants to rewrite immigration law wholesale via a lawsuit, unless they are forced to. As I mentioned before, it took 17 years for the Catholic Social Services case against the INS to be won!

If it is possible to get some concessions quickly from the USCIS, that's great. If you want to reform the immigration system thru the courts, that is great as well - but it is a long difficult process.
 
morpheus12,

Your points are valid and I think these have to be kept in mind. Keep it up dude. Someone pointing out flaws and weakness is equally important.

Somehow I have a feel that you are INS lawyer - you have been suggestive and trying to change flow of stuff. If that be the case - I would say - it is even more welcome. Just drop the mask. It will be interesting to hear directly.

History has changed its course for people many times. This is not first time when boundaries within government has to be redefined. If representation cannot be given to non-citizens via executive branch of government, then can't judiciary step in and provide directions? Does US constitution stops from doing so?

Why is there taxation without representation if government cannot provide any relief? Isn't it the same crime which is being done by same people who fought against it? What else is the way out? I would prefer hearing from you on the issue - how else is safety and rights of non-citizens are ensured in US constitution?

I am of the same opinion that Rajiv holds - it is a fight - no one knows outcome right now. You know your inputs can be invaluable in making his arguments fool-proof. Pour your idea with more clarity.

May those USCIS people may face one day of what we face everyday. It will make them understand more then words.
 
Re: Re: Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer

Originally posted by PradK
We are talking about the country which tries to set standards (to most of the things) in this world and we will see how diligent they are coming to this issue in their own country!!!

My .02.
Haven't we seen enough? INS was and CIS is still the most bureacratic and inefficient governement agencies we have ever dealt with in this country or in any part of the world maybe. True - we paid fees to become its customers (and ironically we even cry out loud to pay more to get the proper service...) but where is that "customer protection organization" and will a court ever hold the service provider accountable for not delivering the service properly? I think morpheus12's point is here - he casts doubt on whether the court would protect us according to the law, which I believe does make sense. While we welcome suggestions, emotional appeals or all kinds of 'wish lists', we should equally appreciate a different voice like this.

On the other hand, even if it is true that we don't have all the rights provided by the Constitution (I doubt), we still shouldn't get all pessimistic. This country's government (or any organization or person for that matter) is working in a way that every moment they are weighing and balancing all kinds of forces and choose to act accordingly. With a devoted lawyer like Mr. Khanna and active participants like us we might make a difference. It may not happen overnight and we may fail this time, but there can be subsequent efforts which can evetually make it happen.
 
Re: Re: Re: Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer

It may be true that we do not have same rights as
a US citizen has. We may not be able to demand
that either. However, we do pay all our taxes and dues,
and we do abide by the rules and laws of this country.
We came here legally and we are trying to become
legal permanent residents thru the 'proper' channel.
We are not ''Enemy Combatant " and we should be
treated better than, at least, illegal immigrants.

For that matter, even those people who came here in
an unlawful manner resent being called 'illegal immigrants'

WorldNetDaily: 'Illegal immigrant' an offensive slur?
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=36847



Originally posted by PhillyJulyLC
Haven't we seen enough? INS was and CIS is still the most bureacratic and inefficient governement agencies we have ever dealt with in this country or in any part of the world maybe. True - we paid fees to become its customers (and ironically we even cry out loud to pay more to get the proper service...) but where is that "customer protection organization" and will a court ever hold the service provider accountable for not delivering the service properly? I think morpheus12's point is here - he casts doubt on..................
 
Re: Re: Re: Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer

Originally posted by PhillyJulyLC
Haven't we seen enough? INS was and CIS is still the most bureacratic and inefficient governement agencies we have ever dealt with in this country or in any part of the world maybe. True - we paid fees to become its customers (and ironically we even cry out loud to pay more to get the proper service...) but where is that "customer protection organization" and will a court ever hold the service provider accountable for not delivering the service properly? I think morpheus12's point is here - he casts doubt on whether the court would protect us according to the law, which I believe does make sense. While we welcome suggestions, emotional appeals or all kinds of 'wish lists', we should equally appreciate a different voice like this.

On the other hand, even if it is true that we don't have all the rights provided by the Constitution (I doubt), we still shouldn't get all pessimistic. This country's government (or any organization or person for that matter) is working in a way that every moment they are weighing and balancing all kinds of forces and choose to act accordingly. With a devoted lawyer like Mr. Khanna and active participants like us we might make a difference. It may not happen overnight and we may fail this time, but there can be subsequent efforts which can evetually make it happen.

Immigration is a SERVICE as the name suggests. So you have every right to get the service done in time when you paid for it.We ask for timely service not direct approval .Just becos it is a goverment agengy ,is it not accountable for the delays ?. If goverment sets the examples like this ,what about the private sector.I hope the INS won't say we can delay the cases forever because you don't have constitutional right to question us.
 
Re: Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer

morpheus12,

This lawsuite has been filed by the brightest lawyer like Mr. Rajiv Khanna for the right cause for a free!!! Also, this lawsuite has a storng support of hundereds/thousands of brightest brain in the world (it's a employment base category!!). We all know how to fight and won for the right cause against any one!!

Thank you so much for spending your valuable time here!!

Originally posted by morpheus12
Thank you for your eloquent and well written post. I posted a link to back up my position, and I can post many more if you wish.

The fact is that non-citizen immigrants like ourselves do not have the same rights as US citizens. Many people in this thread keep complaining about their 'rights' being violated. Claiming that we should have such rights because of the US Constitution and Bill of Rights is fine and dandy - but it isn't a guarantee in court.

I don't see what is 'rabble rousing' about that. It's just the facts.
 
to sign petition

to sign the petition I need my Alien Number

to get Alien Number I need my receipt notice

How long can I expect to wait for reciept notice? (My lawyer filed I140/485 concurrently about a month ago.)

Thanks to all, and especially to Rajiv for the hard work!
 
Re: to sign petition

Originally posted by John_cdn
to sign the petition I need my Alien Number

to get Alien Number I need my receipt notice

How long can I expect to wait for reciept notice? (My lawyer filed I140/485 concurrently about a month ago.)

Thanks to all, and especially to Rajiv for the hard work!


You can put Alien number as 000000
In the address lines, at the bottom, put the note: "Receipt pending"
 
Totally inappropriate attitude

Originally posted by feb6361
morpheus12,

This lawsuite has been filed by the brightest lawyer like Mr. Rajiv Khanna for the right cause for a free!!! Also, this lawsuite has a storng support of hundereds/thousands of brightest brain in the world (it's a employment base category!!). We all know how to fight and won for the right cause against any one!!

Thank you so much for spending your valuable time here!!



So! If everybody knows how to fight and win here, there is no reason to post anything. I won't... :mad:
 
Re: Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer

Thanks to Rajiv and team for talking up such a cause.

As Morpheus and others have indicated, while it is important to keep the hopes running, I think we should consider what would be practical (within the boundaries of existing framework) for the USCIS bureaucracy can do in the short term.

Having read the posts in this message thread, it is my opinion that one of the most viable suggestions to put on negotiation table is the Expedited Processing of I140/485 for the following reasons.


1. While proposing a Expedited Processing Program for 140/485 applications, we are putting forth one of the solutions to the problem of backlog. While this may not be the best resolution to the problem, USCIS has already a similar program and replicating the same design may take less policy changes and implementation time.

2. One of the major reasons USCIS provide perpetually for the backlog is the lack of resource allocation towards EB based petitions. A Expedited Processing program would provide USCIS an opportunity to add resources; thus making an ‘operational change’ rather than a ‘policy change’, as needed by most of the other negotiation proposals.

3. I realize that under such a program, others who have filed after me may get their approvals ahead of me; I think such unfairness is far more tolerable than waiting almost indefinitely for adjudication from USCIS.

4. Paying extra for a deterministic time frame for adjudication is acceptable to me. I would happily part with that money as long as I know my applications are approved in a timely manner and I can break my dependency on an employer. In this uncertain economy, that extra fee is a small expense towards buying some peace of mind.

5. A Expedited Processing Program for 140/485 may even reduce the general backlogs as well. The H1B backlogs were substantially reduced during the initiation of the Expedited Processing Program in 2001.

6. Most of the other proposed measures require major policy changes on USCIS and may need even new laws and approvals from lawmakers.

7. Settlements like conditional GC status, indefinite validity of EAD, AP and FP, ‘complete freedom’ after 6 months of filing I-140/I485 etc. are only temporary and partial solutions. One would still not be a permanent resident even with all those measures and still may be dependent on the employer. Also, these may give more excuses to USCIS to push the backlog further.

8. As much as I would like to believe so, non-immigrants (legal aliens) do not have the same rights as Citizens and nor ever will. Hence claiming ‘constitutional rights’ would not go very far in a court of law.

9. USCIS or other agencies cannot care any less about the pain and suffering of non-immigrants. The original purpose of GC based on EB is to provide a pool of skilled workers for the US employers. If we can successfully show that the current backlogs will adversely affect the US economy, it may have some impact on the future laws.

10. Even when the litigation is taken up in a court, the principle of separation of power between executive and judicial branches, a judge may have limited capacity to issue a directive to USCIS to adjudicate the applications in a fixed time frame.

11. The law suit if ever went on in a court of law, may drag on for years, without a proper timely recourse.

When I assert that I support the proposal for a Expedited Processing Program, I am not itching to give extra money to USCIS nor am I selfish enough to say that others who might have applied later than me should wait for adjudication till my application is approved.

The ideal solution I would love to see is that USCIS processing the applications on a First In First Out basis, in a reasonable time frame (2-6 months) with the same existing fee, with a transparent due process. Working for such a solution should be the long-term objective.
proposals.

3. I realize that under such a program, others who have filed after me may get their approvals ahead of me; I think such unfairness is far more tolerable than waiting almost indefinitely for adjudication from USCIS.

4. Paying extra for a deterministic time frame for adjudication is acceptable to me. I would happily part with that money as long as I know my applications are approved in a timely manner and I can break my dependency on an employer. In this uncertain economy, that extra fee is a small expense towards buying some peace of mind.

5. A Premium Processing Program for 140/485 may even reduce the general backlogs as well. The H1B backlogs were substantially reduced during the initiation of the Premium Processing Program in 2001.

6. Most of the other proposed measures require major policy changes on USCIS and may need even new laws and approvals from lawmakers.

7. Settlements like conditional GC status, indefinite validity of EAD, AP and FP, ‘complete freedom’ after 6 months of filing I-140/I485 etc. are only temporary and partial solutions. One would still not be a permanent resident even with all those measures and still may be dependent on the employer. Also, these may give more excuses to USCIS to push the backlog further.

8. As much as I would like to believe so, non-immigrants (legal aliens) do not have the same rights as Citizens and nor ever will. Hence claiming ‘constitutional rights’ would not go very far in a court of law.

9. USCIS or other agencies cannot care any less about the pain and suffering of non-immigrants. The original purpose of GC based on EB is to provide a pool of skilled workers for the US employers. If we can successfully show that the current backlogs will adversely affect the US economy, it may have some impact on the future laws.

10. Even when the litigation is taken up in a court, the principle of separation of power between executive and judicial branches, a judge may have limited capacity to issue a directive to USCIS to adjudicate the applications in a fixed time frame.

11. The law suit if ever went on in a court of law, may drag on for years, without a proper timely recourse.

When I assert that I support the proposal for a Premium Processing Program, I am not itching to give extra money to USCIS nor am I selfish enough to say that others who might have applied later than me should wait for adjudication till my application is approved.

The ideal solution I would love to see is that USCIS processing the applications on a First In First Out basis, in a reasonable time frame (2-6 months) with the same existing fee, with a transparent due process. Working for such a solution should be the long-term objective.
 
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* * * Edison, Plaintiff of I-485 litigation against USCIS - I-485 approved * * *

* * * Edison, Plaintiff of I-485 litigation against USCIS - I-485 approved * * *


I was surprised when I checked the online status of my I-485 application and that of my wife's. Our I-485 applications have been approved on February 11, 2004.

I'm one of the plaintiff of the lawsuit filed against USCIS by Law offices of Rajiv Khanna on behalf of ImmigrationPortal.com members, online community and few other employment based I-485 applicants challenging the delays in processing of Employment based I-485 applications.

I was expecting this surprise from CIS. My FP was about to expire with in next 10 days and also I mailed documents like Employment letter and recent pay stubs for EAD renewal. But I think neither FP nor EAD renewal triggerred my I-485 approval. I strongly believe that I-485 litigation against USCIS triggered my I-485 approval. Actually I planned to send an expedite request to VSC director on Friday (02/13/2004). This surprise approval saved me some energy, even otherwise I wouldn't be just sitting and whining instead I prefer to fight for my legal rights.

I would like to thank Rajiv for this wonderful immigration portal and also for all his help to address I-485 backlog issues. My special thanks to Kashmir, dsatish, ar888, Cinta, dengdeng, YJay, kash777, rk4gc, Raj Chandra, MrCoolz, 140_takes_4ever, frantic, ayansgp, goastros, tombaan, tr22, pingpong02, Jaxen, Sankrityayan,rajum ......... etc. Also I would like to thank all the forum members for sharing their experience and advice to keep this portal active.

I will continue to support all the actions of our community and that of our Core team to reform Legal Immigration system of USA.

I-485: RD:10/07/2002 ND:10/16/2002 AD:02/11/2004 Service Center: VSC

---------------------------------------------------------------------------------------------------------------

I request all Employment based I-485 applicants (members of affected class) to Sign the petition to support Employment based I-485 Class Action lawsuit against USCIS.


Request for your support in I-485 litigation


Related discussions in the community
The Complaint


---------------------------------------------------------------------------------------------------------------


For Further Details Check the below mentioned thread:

* * * Edison, Plaintiff of I-485 litigation against USCIS - I-485 approved * * *
 
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I have noted the discussions

Congrats Edison. I feel very very good for you and a few other plaintiffs who will soon get approved. Do not lose steam in helping others. You are still in the game.

Just a few notes:

I knew the govt. will try to approve all plaintiffs, so our case gets weaker --- may be. But we had planned for that. Congratulations to those who have made it. My biggest question for the goverment is, what will they do with the plaintiff ImmigrationPortal.Com? This plaintif represents EVERY member who has a 485 pending. Are they going to approve all members leaving out the rest of the world. Also, we have other plaintiffs who represent the rest of the world. Note also that ImmigrationPortal.Com is qualified to represent the rest of the world.

PS One of our plaintiffs developed a serious medical problem. He is worried about his family. The govt., very kindly, is trying to approve his case ASAP. Ultimately, we are all just people, folks. While it may be good for their case to have as many plaintiffs approved as possible - it is nonetheless true that they did accomodate our request in this matter. I am hoping to make them see reason one way or another.

PPS I do appreciate your support and encouragement.
 
Rajiv,

If all the plaintiffs listed in the act team are approved soon, will our lawsuit be still valid? Do we have to or can we add more plaintiffs in the list? It seems that BCIS is playing games with us. They just approved the listed plaintiffs and ignored all the others. If so, how to handle this prolem?

What if we add all our members to teh list of plaintiffs?
 
Congrats Edison. I think that is very intelligent on part of INS. Further to this - I don't know how can it all continue if none of the plaintiffs is left? Rajiv - are all hopes lost? How else can INS be dealt on the issue? I think it is a worry in almost evryone's mind. Your directions is needed. Will this lawsuit be over(or weak to the extant of being called over?) or will it continue?
 
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