Ready to File Law Suit against BCIS

This is a good move but nothing to get drunk about. After discussion with 140 (see above) I understand that there may be a valid question or two that we can ask BCIS but there are many "IF"s in this thing. Certainly it is a very strong goodwill gesture that Rajiv Khanna is showing towards the immigrant population. Atleast he should be compensated for his time. I think it is a 50-50 deal; whichmeans, the outcome is akin to a coin toss-anybody's guess. As long as we understand that and have realistic expectations, this is worth doing!!
Onward!!
 
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what can be the argument against the provisions of AC 21

As stated in the thread discussed at

http://www.immigrationportal.com/showthread.php?s=&threadid=105546&perpage=15&pagenumber=2

AC 21 seems to state that the attorney general should have take n measures to elminate the backlog by 2001.

If this is true, and if it is made a part of the lawsuit - shouldn't this be an outright win for us. BCIS cannot go against the law that the congress enacted, can it?
 
TO: bhavoo, ruxrux, 140_takes_4ever;

Originally posted by kashmir
  • bhavoo WAC-02-049
  • ruxrux WAC-02-103
  • kashmir WAC-02-124
Any more self nominations ?
Click to expand...
TO: bhavoo, ruxrux, 140_takes_4ever;
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
 
Reply

Many people have focussed on 999 days and other points behind which INS is hiding.

I would like to make a point here too.

INS should be asked to produce numbers

A - Family based GC's approved every month for the last 36 months
B - Employment based GC's approved every month for the last 36 months

Not only should this report be demanded but this report should be broken down by region namely CSC,VSC,TSC,NSC

From this report you will see the facts and based on this fact you can lay the foundation of your claim

Our Claim is that Employment based GC's are not being processed from CSC

Use their facts against them

Of Course this should be only one of the methods that should be used against INS
 
Kashmir,

Sent an email to Rajiv with my case details, waiting for him to get back to me if he wishes to use my case in the lawsuit.

I would also requet ruxrux and bhavoo to quickly send in their case details, so that we don't waste too much time in starting the lawsuit.

Time is of essence ladies and gentlemen, so lets not waste any more of it!

Thanks Kashmir for taking the initiative to spread the word!
 
I wish i could...

I talked to my HR representative about this.. we can only use the legal representation that they have given us, for any issues related to our immigration issues... apparently somebody already asked them about this.. so he know what i was talking about
So my lawyers and BCIS are gonna keep getting my company's $$$ for APs and EADs..
Gooo luck to those who go for the trial.. hope you dont need any luck too...

WAC 02062
RD 12/10/01
 
Re: I wish i could...

Originally posted by habanero
I talked to my HR representative about this.. we can only use the legal representation that they have given us, for any issues related to our immigration issues
Click to expand...
Habanero,

The concept behind being a plaintiff is not that Rajiv Khanna will represent you for 485. The concept behind the lawsuit is that you are requesting the courts to inquire into the ever increasing backlogs of INS totally out of sync with the law signed by President Bush and approved by Congress to reduce processing times to 6 months for all cases.

The above two situations are totally diverse and absolutely mutually exclusive. You do not need your HR's permission to join a class action lawsuit. Because once the lawsuit is filed whether you want to or not, you will become a part of it.

Class Action n. A lawsuit brought by one or more plaintiffs on behalf of a large group of others who have a common interest.

The only reason Rajiv/kashmir/dsatish are looking for volunteers to be plaintiffs is find cases that are poignant enough for judges to feel that a grave atrocity has been comitted here by the INS in not granting speedy relief.

I urge you and all the other AOS adjustees who have stories/cases to step up. You DO NOT need the permission of your companies/lawyers, nor would you need any documents from them other than your basic case papers that you already have. THIS IS YOUR CHANCE TO FIGHTBACK! By law INS cannot retaliate against you, so all you have, is to gain from this lawsuit. Step up as plaintiffs and help make a difference.

ruxrux, Thanks! :)
 
My case

I don't know if I can be classified as a hardship.

I came to US in 1991 as a graduate student. After graduation and practical training, I became out of status. Then in Jan 1998 My employer applied for Labor certification through Sec 245(i) and got it approved after three years. Those days there were no RIR or Concurrent filing. So it took for ever to get the labor and 1-40 approved.

I got my 1-40 and approved after RFE in 2001 and applied for 485 in July 2002.

For the past 13 years I never went to India. I did not get to see my father in a long time more than 6 years. I gave a letter to Senator Dianne Feinstein. No respone for my hardship letter. I sent a letter to Congressman Pete Stark in Fremont CAlifornia. I got a response from the INS through Congressman office that I should be applying for AP. It was a wrong advise, as my lawyer repeatedly told me that I am not eligible for AP due to Section 245(i). I Hand delivered another letter to Congressman Pete Stark, waiting for the response. My only hardship is I did not get a chance to visit my family for the past 13 years. I lost so many of my close relatives due to this factor. My case was screwed by my attorney in the beginning and after I changed my attorney during i-140 stage, due to Sept 11th the INS delay started. In a nutshell I did not receive any poistive response from any of the Senator or Congressman.

After 6 years, though I gained so many technical and functional skill, I have been working in the same cadre(because i have to be working as per the qulaification in my labor certificate) for the past 6 years. Extremely frustrating.

If the attorney wants to take my case, I can give the necessary information.

Thanks
 

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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