My conversation with USCIS Lawyer
- Thread starter Rajiv S. Khanna
- Start date
Well, here is how it goes.
ImmigrationPortal.Com is an unshakeable plaintiff. So that is not going anywhere.
Two of the plaintiffs representing non-members have filed their 485's recently. So they should be OK as well.
If we get class certification (which we will be applying for within the next 2 weeks), then there is no issue left about plaintiffs.
There is also good law in our favor even if EVERYONE is approved. The law says, courts should address the issues if the problem still remains, though everyone has received relief.
So i am not worried.
ImmigrationPortal.Com is an unshakeable plaintiff. So that is not going anywhere.
Two of the plaintiffs representing non-members have filed their 485's recently. So they should be OK as well.
If we get class certification (which we will be applying for within the next 2 weeks), then there is no issue left about plaintiffs.
There is also good law in our favor even if EVERYONE is approved. The law says, courts should address the issues if the problem still remains, though everyone has received relief.
So i am not worried.
Re: signatures for supporting the case...
Only if asked for. But then they become publicly available. If asked, I intend to submit only names and service centers. Nothing else. But court can order more.
Only if asked for. But then they become publicly available. If asked, I intend to submit only names and service centers. Nothing else. But court can order more.
LegalFrustrated
Registered Users (C)
Dependents Issue
Hi Rajiv,
I did read somewhere in this thread that we need to enter the dependents seperately for the support of the Class Suit.
Shall I have to enter my wife's A number and other details seperately ?
How about my daughter; she is a minor.
Just for reconfirmation.
Thanks for your help.
Hi Rajiv,
I did read somewhere in this thread that we need to enter the dependents seperately for the support of the Class Suit.
Shall I have to enter my wife's A number and other details seperately ?
How about my daughter; she is a minor.
Just for reconfirmation.
Thanks for your help.
Re: Totally inappropriate attitude
apic,
There is nothing like 'totally inappropriate attitude' here. The point I was making here was that we as a team knows how to fight and win. We are posting here only to support Mr. Rajiv's right cause for whole community. You might have seen the outcome of it by looking EDISION's approval and you will see the few more in future. I didn't used any bad words or shown any wrong attitude here. I just said in my note to make him aware for not to play any political games here, if he is playing.
Edision,
Congretulation!!!! and lot of thanks to you for helping every one here and once again lot of thanks to Mr. Rajiv also.
apic,
There is nothing like 'totally inappropriate attitude' here. The point I was making here was that we as a team knows how to fight and win. We are posting here only to support Mr. Rajiv's right cause for whole community. You might have seen the outcome of it by looking EDISION's approval and you will see the few more in future. I didn't used any bad words or shown any wrong attitude here. I just said in my note to make him aware for not to play any political games here, if he is playing.
Edision,
Congretulation!!!! and lot of thanks to you for helping every one here and once again lot of thanks to Mr. Rajiv also.
Originally posted by apic
So! If everybody knows how to fight and win here, there is no reason to post anything. I won't...
Re: Well, here is how it goes.
The existing litigation will be strong if you present this case as an evidence.
Mr. Khanna, I am surprized on your reply. You MUST ask them why they did approve case before court's appearance or meeting as has been cited in the postings?
The existing litigation will be strong if you present this case as an evidence.
coolglobal1
Registered Users (C)
Pending I485 Family based category AOS's
Congratulations guys on your success.
I had a question about pending I485 Family category applications.
Does this litigation encompass us too. I have been waiting 10 months after my interview and so have many others.
Infact I am coming up to my second fingerprinting.
Most of us have filed at the district offices.
Any comments?
Thanks.
Congratulations guys on your success.
I had a question about pending I485 Family category applications.
Does this litigation encompass us too. I have been waiting 10 months after my interview and so have many others.
Infact I am coming up to my second fingerprinting.
Most of us have filed at the district offices.
Any comments?
Thanks.
Thanks for all your efforts, good to know that the Men in Black are hearing us out.
My concern is related to applicants moving from one service center to another eg(CSC to VSC) after the 180 day limit. I would like INS to continue processing the application at the same service center where application is pending and not transfer it.
My concern is related to applicants moving from one service center to another eg(CSC to VSC) after the 180 day limit. I would like INS to continue processing the application at the same service center where application is pending and not transfer it.
What about the dependants?
Thank you so much for your efforts, Mr. Khanna.
Just wanted to add my two cents in here:
1. Ideally, we should be pressing that all cases pending for >18 months be adjudicted within a 60 day period. The applicants in question can be asked if they are willing to pay an extra amount to push their applications into the "premium processing" stage, if insufficient funds to hire/train resources is the reason presented. I know it's unfair to have to wait for the entire period instructed in the receipt, and then still have to pay more to get what you probably very well deserve, but I'm sure many of us will pay willingly to get this constant waiting done with!
2. What about dependants' applications that are pending, even though the principal applicant has been approved? Apparently, it is USCIS policy to attempt to join family cases, but it doesn't happen that often, from what I gather. Regardless of when the dependants' applications were filed (as long as it was filed while the 485 was still pending, and the dependant is eligible for derivative benefits), if it has been more than 6 months since the principal applicant got their GC, it should be mandated that the dependant's application be "attached" and adjudicated immediately. I suppose all it requires is administrative work, since this person has no individual qualification, like jobs, to prove... merely a background check, which should not be taking that long, anyway (I could be looking at this in an overly simplistic way - please feel free to correct me if I am).
3. The suggestion about issuance of an interim GC if there is no RFE issued after a year (or even 18 months - some people here also qualify for that!) is a great one, too. It should give us the ability to travel, open businesses, and go back to school without the harassment factor or lengthy explanations at the border/bank/school (and allow us to pay in-state tuitions). But will this give the USCIS a license to then take 2 more years to adjudicate these cases, at their leisure?
Thank you so much for your efforts, Mr. Khanna.
Just wanted to add my two cents in here:
1. Ideally, we should be pressing that all cases pending for >18 months be adjudicted within a 60 day period. The applicants in question can be asked if they are willing to pay an extra amount to push their applications into the "premium processing" stage, if insufficient funds to hire/train resources is the reason presented. I know it's unfair to have to wait for the entire period instructed in the receipt, and then still have to pay more to get what you probably very well deserve, but I'm sure many of us will pay willingly to get this constant waiting done with!
2. What about dependants' applications that are pending, even though the principal applicant has been approved? Apparently, it is USCIS policy to attempt to join family cases, but it doesn't happen that often, from what I gather. Regardless of when the dependants' applications were filed (as long as it was filed while the 485 was still pending, and the dependant is eligible for derivative benefits), if it has been more than 6 months since the principal applicant got their GC, it should be mandated that the dependant's application be "attached" and adjudicated immediately. I suppose all it requires is administrative work, since this person has no individual qualification, like jobs, to prove... merely a background check, which should not be taking that long, anyway (I could be looking at this in an overly simplistic way - please feel free to correct me if I am).
3. The suggestion about issuance of an interim GC if there is no RFE issued after a year (or even 18 months - some people here also qualify for that!) is a great one, too. It should give us the ability to travel, open businesses, and go back to school without the harassment factor or lengthy explanations at the border/bank/school (and allow us to pay in-state tuitions). But will this give the USCIS a license to then take 2 more years to adjudicate these cases, at their leisure?
Good suggestion. Noted. Thanks.
Re: Dependents Issue
Enter them all separately.
Enter them all separately.
We will keep it open a few weeks.
Re: Re: Well, here is how it goes.
Re: Pending I485 Family based category AOS's
Get a group together. Might as well think about another lawsuit.
Get a group together. Might as well think about another lawsuit.
PhillyJulyLC
Registered Users (C)
Mr Khanna's analysis
Mr Khanna,
After so much input from so many people, I wonder if you could give us a brief review of all the suggestions - mainly your initial feeling about what are likely to be achieved immediately or long term, what are simply out of the question. These issues include but are not limited to: 1. Portability without approved I-140; 2. Indefinte EAD/AP/FP; 3. Interim GC; 4. Premim processing; 5. Immediate adjudication of long pending cases; 6. Substantial fee increase to ensure prompt processing; 7. Immediate adjudication of this class action lawsuit signing members(how do you put it anyway?), ect.
Thank you...
Mr Khanna,
After so much input from so many people, I wonder if you could give us a brief review of all the suggestions - mainly your initial feeling about what are likely to be achieved immediately or long term, what are simply out of the question. These issues include but are not limited to: 1. Portability without approved I-140; 2. Indefinte EAD/AP/FP; 3. Interim GC; 4. Premim processing; 5. Immediate adjudication of long pending cases; 6. Substantial fee increase to ensure prompt processing; 7. Immediate adjudication of this class action lawsuit signing members(how do you put it anyway?), ect.
Thank you...