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)
-------------------------------------------------------

For more details, please click at the following link
http://boards.immigrationportal.com/showthread.php?s=&postid=640452#post640452
 
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NSCers/TSCers mindset is similar to that of the blacks during the pre-civil rights south whereas VSCers and CSCers are like the blacks that settled in the industrial north. Living with Midwestern conservatism (polite smiles but harsh views) and the 'seperate but equal' environment that mostly prevails in our neighbourhoods has turned us into meek, submissive individuals (there are exceptions, of-course) and has broken the spirit of most of us! We do not believe in asserting our rights as much as we do in invoking karmic inevitability and indulging in brahminical contemplation (I am a prime example).

So, dont be discouraged if you do not find much enthusiasm in these communities for your efforts. There are many silent supporters and eventually they will work up the courage, whether from frustration or from a sense of injustice, to let themselves become visible partners in the actions that are being advocated.:eek:
 
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I started the process for GC since 1998.....Now I am still waiting....I am so sick of the unkind policy of this Government...It is not the America which I expected.....a long time waiting has put my wife in depression because she was not unable to work. She always feel isolate.....and she is now very ill because of this reason....I do not know where I can find justice.
I have been living in this land legally since 1994 but my family and I do not have a basic human right like every american have. we do not have the right to travel aboard, the right to have education, when we change the address we have to inform the Authority....., we have to obtain a "permit" for any basic human right. How long we have to wait until we have the right to vote when we pay tax like anyone else. Do not tell me that If you do not like it, just leave.....Because We are human being and we should have the equal right to live in the land when we have been paying our duty and obeying the Law.
Do not keep silence anymore.
 
I think my case might meet the criteria to be "relatively clean" My RD is 9/2001 at NSC, degree for a major US university, still work for a Fortune 500 co., who sponsor my petition, tried to live my life like a saint :). However, I might have hard time showing EXTRAORDINARY hardship, except that if I wait longer I might develop manic depression.
 
Originally posted by DaoMingTze
I think my case might meet the criteria to be "relatively clean" My RD is 9/2001 at NSC, degree for a major US university, still work for a Fortune 500 co., who sponsor my petition, tried to live my life like a saint :). However, I might have hard time showing EXTRAORDINARY hardship, except that if I wait longer I might develop manic depression.
Click to expand...

We will keep you in mind.

For others :
There seem to be no genuine candidates with wait time exceeding 24 months :p. How is this possible ?
 
I don't think I am qualified for "extraordinary hardship" but I do have a relatively clean case. I received my master degree here at US. No criminal background, working for 2 different employers for the past 7 years, both of them are fortune 100 companies. I did stay at home waiting for all my paper work being done for 5 month between jobs which put me through financial hardship for a while. I had some opportunities transfer to other state with my current company but due to the consideration of GC process, I decided to stay. I don't feel that I had extraordinary hardship, but maybe because I am customized to the situation. Little things like whenever I am traveling, I have to go through certain gate designed for foreigners while the rest of my families go through the other nags me. While I never had any trouble coming back to the States, each time I am passing that immigration gate, in the back of my mind, I can’t help to think what ifs ...
I am a very lawful resident. I pay Fed tax, state tax, even SS tax and Medicare even though I might won't be here to enjoy it. I am a home owner and provide homes for people who are under federal housing programs. I donate food, cloth and money to churches, salvation and goodwill’s; I stop my car to pick up kids who walks to school in cold wind. I earn money and give them back to this economy. I buy “Made In USA” if I can to support this country and its effort of coming out of recession.
My case might be proved soon or might be another year or two, or might be denied. My fiancé said he wants to marry me so for one of the reasons, I don't have to go thru this endless nagging process, and my pride says "NO". I never know if by next year I will be at my house celebrating Christmas with my family or be on the phone with them from 8,000 miles away wishing them happy holiday. This thought has been hunting me for the past 10 years. I was never on ease for the past 10 years.
Sometimes when I look back, I felt that I've gone long way, but not really!
I learned to live in the uncertainty; my style of making decision became very short term. My friends at work just told me how amazing that her son is having the same teacher as hers 30 years ago in high school, here I am can't even tell my daughter that if she is going to be in the same school next school year. That makes me sad.
I don't want to complain too much, as I said before it is the road I choose to walk on 10 years ago and it is a one way street. I never considered myself a much of a fighter than a cheer leader. But if I can do my part to help to make this process better, I would. I know what I’ve been through and I want to help to make this less painful for millions people behind me.
 
Wandergirlus,
I feel bad about the situations we are all going through.
As right said by you we are all customized to the situations and uncertainities.

Hope you will get your green card sooner...


-rajum
 
current list of candidates for plaintiffs at NSC

  • DaoMingTze RD 9/2001
  • wandergirlus RD 1/28/2002
Any more self nominations ?
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).
Click to expand...
 
TO: DaoMingTze, wandergirlus;

TO: DaoMingTze, wandergirlus;
Please send your profile directly to rskhanna@immigration.com .
1. handle name at ImmigrationPortal.Com
2. name
3. address
4. contact information (phone number, e-mail address)
5. I-485 information
6. employer name and years working with the same employer
7. degree
8. hardship
And, follow petition main thread.
-kashmir
 
Hi Kashmir,
Please let us know, how to contribute money to this law suit.


1. After receiving the Law suit notice, What if USCIS immediately approves the cases of all the candidates for plaintiffs to SHUT this Law suit? Is it possible?


2. If it is so, then will it solve the law suit purpose?


naanshi.
 
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Originally posted by naanshi
Hi Kashmir,
Please let us know, how to contribute money to this law suit.


1. After receiving the Law suit notice, What if USCIS immediately approves the cases of all the candidates for plaintiffs to SHUT this Law suit? Is it possible?


2. If it is so, then will it solve the law suit purpose?


naanshi.
Click to expand...

Rajiv may not agree to this kind of settlement, but my guess is that the justice department's attorneys will quietly attempt to have the INS approve the paintiffs applications and get the suit dismissed on the grounds that no further relief is warranted.

From a certain narrow-minded viewpoint, this may actually be a fair solution!
 
question

I am not a law expert by any means. Doesn’t that mean that the others can claim / put another lawsuit claiming that these cases were approved only because of the lawsuit and cases that have been waiting before them have not been approved.
 
Originally posted by Sankrityayan
Rajiv may not agree to this kind of settlement, but my guess is that the justice department's attorneys will quietly attempt to have the INS approve the paintiffs applications and get the suit dismissed on the grounds that no further relief is warranted.

From a certain narrow-minded viewpoint, this may actually be a fair solution!
Click to expand...

Usually CIS tries to approve the cases of plaintiffs, so that suit can be dismissed. But that will not happen in our law suit since
1. Rajiv is planning to file law suit not just for few plaintiffs but planning to file on behalf of whole immigrationportal community.
2. Also, Rajiv planning to include some recently filed cases as plaintiffs.
 
wandergirlus is gone!!!! His Case is approved, even before filing the suit.

Congrats wandergirlus!!!!!!!


naanshi.
 
I want to know if I can join this law suit. I filed for I - 485 (employment based) status adjustment in May 2001. Despite 2 status inquiries, and numerous letters to the USCIS, there is no response. Finally, my lawyer contacted AILA liaison and I got a response yesterday saying that "my case is currently with an immigration officer and security checks appear complete" (I don’t know what that means and if it is a positive sign or not).

I have a clean case, have 2 masters degrees in North America (one from Univ. Minnesota and another from Univ. Manitoba, Canada), and working as an Assistant Professor for the past 3.5 years. I am a dentist by profession and never had any legal problems. The current processing time is August' 2001 and I filed my I - 485 in May 2001. I was asked to repeat my fingerprints in December' 02, which I did promptly.

Regarding hardships I faced because of this unfair delay, there are plenty. I had to put my life on hold because I am stuck in this job, cannot pursue private practice, financially I am broke (don’t get paid big bucks teaching) and emotionally I am a wreck. We want a big family but not able to pursue that because of financial constraints. I want to buy a house but cannot do that either due to fact that I am worried about my green card.

I hope I can join the lawsuit and I am willing to contribute financially. Thank you and god bless.
 
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Please remove personal details

grandhirk,

it is never a good idea to post personal information on a public forum. Please remove your Phone No and real name by clicking the edit button on your post. I am sure the core team wil send you a message for the details as and when required.
 
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lawsuit .. can I join

kashmir, edison
wanted to know whether I could put my case across for the
lawsuit. No US degree, however working in the industry for
18+ years, worked for top multinational corporations in India
for 12 years, working in an executive position in the US for
the last 6+ years - same employer.

starbucks
RD 12/14/01
RFE 6/30/03
RFE response received by BCIS 8/7/03
FP 1 - 5/28/02
FP 2 - 9/18/03
 
Let me know if I can help.

Filled 140, 485 on dec 31, 2002. 140 Approved on Aril 2003. I have been on F1 then OPT for the company who filled my H1 and after a year they filled my GC. So since I graduated I have been workiing for the same company who filled my H1 and 140/485.

I have valid H1 visa, no criminal activities, really clean records, I am on the honor list of the chamber of commerce of the city where my school was, also I have been granted VIP status.

However, since my case if only a year old, I don't know how much help that will be. Let me know if you need any more info or have any questions or concern.
 

Any recently filed applicant interested to join the law suit as plaintiff????

Please reply here and forward your details to Rajiv.

 
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