My conversation with USCIS Lawyer

I just got off the phone with the govt lawyers

Originally posted by getit
Rajiv,

What is our schedule? just wait for their response silently till the one-month extension expires or discuss with them and tell them our suggestions for their reference before the extension expires?
Click to expand...

We are not waiting for anything. I am filing the motion for class certification. Then we will take the settlement points over. They can take their time. We have no time. We move on.

In the meanwhile, two members of our gang are working on a summary judgment motion. that will take at least a month or more (comprehensive document covering all aspects of law). Then another couple of weeks at least for me to work it over.

If we have not settled by that time, we will file the SJ motion. Which means, please decide the case without a trial (hence avoiding delay).
 
settlement minimum

hi rajiv,

thanks for the effort you have taken to fight this gross injustice and opression. I am sure there is karma and i can assure you that a lot of us pray for your well being for fighting this noble cause against this cruel system and the people who administer it.

also wanted to ask what is being considered as minimum that this community accepts from uscis in terms of relief. ( if they agree to what,we will settle)

i mean where does the compromise point lie if any?

i am pretty convinced that we should not settle easily without adressing the root cause of suffering (ie employer dependence after 180 days and simlar job requirement). atleast paper freedom after 180 days of repression

also i am confident that the uscis has broken the law. The question is whetehr it is intentionally or not and the ruling in minnesota calling uscis a "national embarrasment" is evidence of their large scale repression of all immigrants. they summarily control people's lives as if they are god or beyond the reach of god

can uscis directors be personally criminally liable? they have after all taken the lives of so many thousands of immigrants and virtually chained them to a life of suffering and repression. this has been done intentionally probably for profit of large corporations

also the "lost years" at dol should be made to count for something, at time of citizenship

does "equal protection of the law" work if it does not apply to all people living here in whatever status


we have full faith in you sir, and we hope that you will show them that they cannot administer the lives of people as if they are god or beyond the reach of the law,

please advise us on your thought process as to what is considered a good settlement. please also keep in mind that releif shgould be immiadete,they will ususally say backlog will be reduced in 2012 ,that dosent help us now
 
Re: Question for Mr. Khanna

Originally posted by ThelastMile
Dear Mr. Khanna,

I sent a request to my lawyer for opinion on my intention to sign the petition, my lawyer responded with the following:

"If you want to sign the petition we can not stop you. We do not recommend it because we are not sure what this will mean regarding the representation of your I-485 application. If the lawyers request to represent you in the completion of your case this is something that your employer may not allow. If you choose to sign the petition, please let us know and we would request to review any letters or other communication you may have with the lawyers involved in the class action".

This has nothing to do with your lawyer vs. Mr. Rajiv. In fact if Mr. Rajiv wins, you and all will get the fruit of Mr. Rajiv's altruistic effort. By signing the petition you will be supporting his case agains USCIS. Mr. Rajiv didn't have to do this at all BUT he is doing it for the noble cause, i.e., lessen the sufferings of the immigrant comunity. You and all should be thankfull for his effort.
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Dr. Rajiv, let me reword my question?
If they approve point 4, at the moment of stamping my passport: Would I be required to submit proof of employment with the same or similar position?
Thank you,
Leo
 
Originally posted by jose loaiza
Dr. Rajiv, let me reword my question?
If they approve point 4, at the moment of stamping my passport: Would I be required to submit proof of employment with the same or similar position?
Thank you,
Leo
Click to expand...

I will clarfify that. Thanks.

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card, there being no further evidence of employment required, evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds . This “conditional” approval would carry with it all rights and privileges of Lawful Permanent Residence (green card), including commencement of the time required for naturalization;
 
Is our case a candidate for this suit?

Hello Mr. Khanna,

I have signed the petition and all that, but it struck me that we MAY not be able to benefit from this suit right now. This is our situation - can you please tell me if we can expect to get some relief on the basis of this this suit's outcome?

- Husband filed in Aug. 2001 under EB-2 category (we were not married at the time)
- We married in July 2002 in the US. Application was sitting in the NYC local office at the time, with no interview date assigned.
- My derivative application was filed in Sep. 2002 - we were advised, by my husband's company's law firm and the officer in Garden City local office who interviewed by husband, that every effort would be made for the applications to be 'joined', but they never were.
- Husband received GC in Aug. 2003 (approval and card). No word on my application -- any attempt to get it expedited have met with curt responses best paraphrased as "are you nuts?. No grounds for expeditious processing".

Is there a chance that my case would even be looked at in this case - is it still considered something related to an employment based case?

Regardless, kudos to you for doing this! So many of my friends are waiting, and they are all grateful.
 
Great work Mr. Khanna! You have the good wishes of many.

I would like to add the following to your proposals:

1. Fix a process of premium processing for 485s.
2. Also for #4, clarify the rights of the person who has the proposed temporary green card on the passport -- is the person free to move about with respect to jobs, enrolling in a full-time degree program at a uiversity without getting a student visa, start a business, etc...
3. Remove the need for constant renewals of EAD, FP and AP -- this is a viscious cycle that only creates dead work for the departments involved.
4. Set up an action plan for 485 cases pending more than a 540 days (or any other length of time).
 
procissing times in USCIS must be the same

Hi guys,

I'd like to add one point which seems have not been adequatly addressed in this thread, namely, processing times for 5 CIS centers are quite different. For example TSC is notoriously known as the slowest in processing applications. The difference in processing time for I-485s among TSC and other centers is a year and more. I think we should include as one of the negotiating points equalation of the processing times for EB I-485 between TCS and other centers. That is an organizational problem and it can be fixed inside of USCIS without congressional approval.

Please comment on this issue.
 
Having declined my 2nd summons for jury duty, I would like to point out that delaying citizenship due to immigration backlogs reduces the pool of potential jurors available to local courts :).
 
Re: Is our case a candidate for this suit?

Originally posted by dilemma_struck
Hello Mr. Khanna,

I have signed the petition and all that, but it struck me that we MAY not be able to benefit from this suit right now. This is our situation - can you please tell me if we can expect to get some relief on the basis of this this suit's outcome?

- Husband filed in Aug. 2001 under EB-2 category (we were not married at the time)
- We married in July 2002 in the US. Application was sitting in the NYC local office at the time, with no interview date assigned.
- My derivative application was filed in Sep. 2002 - we were advised, by my husband's company's law firm and the officer in Garden City local office who interviewed by husband, that every effort would be made for the applications to be 'joined', but they never were.
- Husband received GC in Aug. 2003 (approval and card). No word on my application -- any attempt to get it expedited have met with curt responses best paraphrased as "are you nuts?. No grounds for expeditious processing".

Is there a chance that my case would even be looked at in this case - is it still considered something related to an employment based case?

Regardless, kudos to you for doing this! So many of my friends are waiting, and they are all grateful.
Click to expand...

You are included. But I will make it clear:
"To the extent applicable, all the following benefits relate to derivative beneficiaries also."
 
Re: procissing times in USCIS must be the same

Originally posted by Vanek
Hi guys,

I'd like to add one point which seems have not been adequatly addressed in this thread, namely, processing times for 5 CIS centers are quite different. For example TSC is notoriously known as the slowest in processing applications. The difference in processing time for I-485s among TSC and other centers is a year and more. I think we should include as one of the negotiating points equalation of the processing times for EB I-485 between TCS and other centers. That is an organizational problem and it can be fixed inside of USCIS without congressional approval.

Please comment on this issue.
Click to expand...

Once we have our green card, who cares.

see this thread:
http://boards.immigration.com/showthread.php?s=&threadid=114165
 
Originally posted by jose loaiza
Dr. Rajiv, let me reword my question?
If they approve point 4, at the moment of stamping my passport: Would I be required to submit proof of employment with the same or similar position?
Thank you,
Leo
Click to expand...


No.
 
Dear Rajiv,

I have a few concerns about our settlement:
1, For point 4, after conditiaonal GC is approved and stamped, Will everything be the same as the true GC, e.g. counting days for citizen, changeing job safely after half a year without any restriction, etc?

2, How long do we require USCIS to remove the condition? one year or have to wait 5 years? My concern is USCIS will have this condition removal delayed too long.

3, What if USCIS does not agree with us for point 4 AND agree to point 1 ,2? They will allocate their resources to I140 for premium process, and I485 process will be worse than before.

Any way, my suggestion is we know what our next settlement is to reach our goal if some points are not agreed. OUr goal is to reduce I485 backlog.

Thanks
 
Rajiv,

DO you think we need to add I485 premium processing if point 4 is not accepted by USCIS?

Thanks,
 
Originally posted by getit
Dear Rajiv,

I have a few concerns about our settlement:
1, For point 4, after conditiaonal GC is approved and stamped, Will everything be the same as the true GC, e.g. counting days for citizen, changeing job safely after half a year without any restriction, etc?

2, How long do we require USCIS to remove the condition? one year or have to wait 5 years? My concern is USCIS will have this condition removal delayed too long.

3, What if USCIS does not agree with us for point 4 AND agree to point 1 ,2? They will allocate their resources to I140 for premium process, and I485 process will be worse than before.

Any way, my suggestion is we know what our next settlement is to reach our goal if some points are not agreed. OUr goal is to reduce I485 backlog.

Thanks
Click to expand...

Let us get some sense of where they are first.
 
Originally posted by getit
Rajiv,

DO you think we need to add I485 premium processing if point 4 is not accepted by USCIS?

Thanks,
Click to expand...

I want us to get in the door and see what they have to say.
 
for rajiv ,cinta all

cintal, rajiv all.
i see that 'total approach ' is the goal .which is nice .this is going to benefit all (including people like me who have just filed their i140). but what i want to know is should i sign the petition .earlier the approach was focussed on only 485 but now i see everyone is being addresses.
pls let me know
 
Re: for rajiv ,cinta all

Originally posted by I140helppls
cintal, rajiv all.
i see that 'total approach ' is the goal .which is nice .this is going to benefit all (including people like me who have just filed their i140). but what i want to know is should i sign the petition .earlier the approach was focussed on only 485 but now i see everyone is being addresses.
pls let me know
Click to expand...

Read the settlement thread. Let us move to that thread all discussions related to that.

http://boards.immigration.com/showthread.php?s=&threadid=114165
 
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