Ready to File Law Suit against BCIS

D

dsatish

Registered Users (C)
Hi All,
Rajiv Khanna is willing to file a Law Suit against BCISfor their delays. He needs some strong cases which can justidy the law Suit. Please let us know who wants to be part of the Law Suit ?
I have copied his posting in another thread and posting it below :
---------------------------------------------
Its a Go!
Here is an email I have sent out this morning:

Folks, I think we are getting ready to file a law suit against INS for 485 delays. I think we have enough legal support to at least sustain a cause of action. Our team has researched preliminarily some of the law in our support. A member of the community pointed out AC21 also. I doubt if we can file a private law suit to enforce these provisions. But at least we can make an argument. See attached memo. This memo is very rough, so please ignore any semantics that you find faulty.

What I need now from the community now is a list of may be 5 to10 I-485 applicants whose applications have been pending for a long time; who have relatively "clean cases" (degrees from USA, verifiable experience, no criminal background, working with the same employer who is processing the green card and preferably some extraordinary hardship because of the delay).

These people must be committed and make themselves available as needed for speaking with us on the phone. They must sign contracts with our firm agreeing to our representation. They will be charged nothing. But if you folks wish to collect money, please do so on volunteer basis. Vijay Sharma, vijay.sharma@immigration.com can open an account to hold the funds. You can contact him directly. We would certainly welcome contributions from the community. It will help us expend more resources towards the litigation.

Suman ji, our team just needs to meet with me today. I will explain the logistics. Monica, post this announcement in the Moderators' forum also.


Let me know.
(Rajiv Khanna)
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For more details, please click at the following link
http://boards.immigrationportal.com/showthread.php?s=&threadid=94080&perpage=15&pagenumber=47

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There's the catch ! :D:D

Clean cases - having hardships - Willing to volunteer.

'Clean case people' may not be willing to puit their cases on FIRE for the sake of making others Coool....

But many times my guess was wrong. Curious to see if there are any self-less persons in this era !
 
Can somebody contact Vajay Sharma and ask him to provide a mailing address, and we all start sending checks towards collection of fund.

$100 per person is enough?
 
Ok,

The real thing seems to be started now..

Who will tie the bell !!! (Cat and mice game)

Who will be the Genuine candidate !!! , Will he/She dare to come forward if so I will contribute in $$$ to the person as well as to the on going campaing for funds.

We may put some gifts/contribute money to the person in $$$$.

thanks
Sg
 
I am sure there will be some genuine people who have suffered due to the delays of BCIS. Any such person has nothing to fear. BCIS can't do anything to genuine people.
The important criteria is not just being genuine, but also delay in thier case and some proof of personal losses due to the delay.
 
i am willing to give some money

and my time to the campaign.
I am also willing to be a part of action team if they are in need of volunteers.
people who have not changed jobs should not feel afraid but again its one's personal wish how much they want to contribute to this effort.
 
I agree with IamshantanuB.


I have seen many(90%) of clean cases being approved and cases which are being delayed I think have problem at the time of filing. Like incomplete papers or AC 21 or applying for CP and filing here etc; or company getting closed or merged, problem with lawyer etc:.

Most of my friends who have applied during the month later than Jan have been approved.

How come they are getting approved? They also go thru BCIS in employment based category.

Is it correct?.

How come they are getting approved?
 
Getting approved or not is a different case...

Here the point is delay in decision/processing.

Even if a non genuine candidate who applied have right to aks why its taking time more than the stipulated time (around 1 and half years) to process the case.

The mental torchur/hardship we are facing in delayed situation is another big thing.

At least the USCIS should give decision in the stipulated time frame.

thanks
Sg
 
The money you contribute is not for the "person(s)" who serves as the leading plaintiff. Class action does not cost much. Your contribution is for our effort to push USCIS to reduce 458 backlogs, to count our long 485 waiting period towards the time required to qualify for citizenship, etc.

PS: I believe there will be far more than 10 people on this board who meet the criteria. Please come forward, guys.




Originally posted by smita_goyle
Ok,

The real thing seems to be started now..

Who will tie the bell !!! (Cat and mice game)

Who will be the Genuine candidate !!! , Will he/She dare to come forward if so I will contribute in $$$ to the person as well as to the on going campaing for funds.

We may put some gifts/contribute money to the person in $$$$.

thanks
Sg
Click to expand...
 
No, no!

Considering close to 1.3 million 485 pending cases, I don't believe 90% clear cases are approved. What's your definition of delay? Even using USCIS stipulated 540 days, all people who filed before June 8, 2002 fall under "delayed" category. I don't
accept that Feb– Jun 2002 pending cases are not clean and have "problems" you mentioned.


Originally posted by mssjan03
I agree with IamshantanuB.


I have seen many(90%) of clean cases being approved and cases which are being delayed I think have problem at the time of filing. Like incomplete papers or AC 21 or applying for CP and filing here etc; or company getting closed or merged, problem with lawyer etc:.

Most of my friends who have applied during the month later than Jan have been approved.

How come they are getting approved? They also go thru BCIS in employment based category.

Is it correct?.

How come they are getting approved?
Click to expand...
 
Originally posted by z/OS V1.4
$100 per person is enough?
Click to expand...
100 $ is a good start but definitely not enough. The target for collection of funds is atleast $ 200,000 So if people can afford more then they should do so.

The core team is planning to set up an accounts committee that will be going into the matters of fund collection and contribution levels. Please contribute generously when the time comes. Remember each application you file for renewal of EAD/AP will cost nothing less than 240 $ combined and that too just for 12 months of processing.

Also, the core team is looking to actively recruit new members to help organize our fight, so any of you who is interested in joining us a more active members, please do reply to the Core team thread.
 
good move

I am ready to chip in for this cause. There are lot of people like me who has received RFE, reponded to them and also done with their 2nd FPs , so what else do they need. When we call they say we are taking 20 months call back next month, next month when you call they say we are taking 21 months call back again there seems to be no end to their stupid answers for ineffieciency.

3DM
RD - 2/15/02
ND - 3/12/02
FP - 6/14/02
RFE - 9/5/03 rec'd by USCIS
FP2 - 11/1/03
 
I meant that before trying to sue a Federal organisation we should find out the way they approve the cases.

They will as also counter claim that many of the cases are being approved. It is not that they have stopped working or delaying person XXX on purpose.

I meant people are getting approved even though there is a delay of 4-5 months delay of the official time.

We need to find out the reasons why some cases are being approved and some not.
 
Thats what everybody is doing @ present, and if you have any better idea of doing it, write it out here, otherwise support the idea that these people are trying instead arguing about it.

Originally posted by mssjan03
I meant that before trying to sue a Federal organisation we should find out the way they approve the cases.
Click to expand...
 
Any candidates ?

There seem to be no genuine candidates with wait time exceeding 23 months (All those with RD before 1/15/02) :p.
How is this possible ?
 
Re: Any candidates ?

Originally posted by dsatish
There seem to be no genuine candidates with wait time exceeding 23 months (All those with RD before 1/15/02) :p.
How is this possible ?
Click to expand...

Maybe that proves the point. All people whose wait times are more than 23 months are not 'clean' cases. Hide this thread from USCIS, for if they see it they might think they are doing something right :p .
 
I don't understood what is the definition of "clean" cases.
I consider my case as "clean".
My experience is genuine and it is verifiable. I don't have US degrees. So what ? My degrees are verifiable.

What is the definition of hardships. Does hardships mean that I am dying out of hunger. Definitely not...I got perfect job... otherwise I am not eligible for green card...right ?

INS lost my 140 file otherwise I would have got green card 2 years back. I have not committed any mistake. Does this fit in the definition of hardships ?

Out of frustration for not getting green card, I recently changed the employer for higer salary and then does that mean it is not clean case ? but why ? Have I commited any crime in invoking the freedom given to me by the law.

I felt sick by the response of the people in this thread and people talking in terms of tieing the cat and brave and all that stuff. USCIS is not doing any charity by approving our cases. They have to go according to the law and to me most of our cases are genuine.

To me, touching the February case without touching the case of January is against the natural rules of the game. Mine is March case and I got RFE in Oct but I know some of the cases of January and Dec like Edison has not been touched? I consider this as discrimination. Finally, USCIS is not a private organization where they can do things as they like ?

What if USCIS revert the 485 dates to August 15th 2001, then you may not find any clean case at all ? To me this declared date of January 15 does not signify much ? Does any where in the law Congress mentioned 22 months ...to me any case beyond 6 months with valid underlying I-140 is a backlog case...

So, to conclude, I think the question raised about clean cases was completely wrong.


-rajum
 
Last edited by a moderator:
Originally posted by rajum
Mine is March case and I got RFE in Oct but I know some of the cases of January and Dec like Edison has not been touched? I consider this as discrimination.
Click to expand...

You mean EdisonNJ? Both guys are different. In my opinion, any case pending for more than 540 days (per 485 receipt) is a delayed case.
 
Agree with rajum

Rajum is right. Question of US degree, no change of employer, making harshipds, etc. is completely out of space here.
 
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