CIS has made a BIG effort to bring the adjudication time to within 6 months. They seem confident they can do it by 2006. I see little chance for success of a lawsuit. We have to wait and see.
*** Sad News --- Class Certification Denied ***
- Thread starter Rajiv S. Khanna
- Start date
I485 adjudication in 6 months
I filed my EB2 I485 in september 2003, almost 2 years now.
I contacted Several Senators, one accepted to look at my case ( Barbara Boxer)
Her assistant made inquiries, my attorney made inquiries...nothing yet.
Each time the attorney calls the INS officer answer that this is not an emergency situation so he does not have to answer.
Is there any other things to do ?
Tx
Baikelai
I filed my EB2 I485 in september 2003, almost 2 years now.
I contacted Several Senators, one accepted to look at my case ( Barbara Boxer)
Her assistant made inquiries, my attorney made inquiries...nothing yet.
Each time the attorney calls the INS officer answer that this is not an emergency situation so he does not have to answer.
Is there any other things to do ?
Tx
Baikelai
kobra33611
Registered Users (C)
Thank you so much for your efforts.
Thank you so much for your valiant efforts Rajiv and everyone that contributed to this cause. It is so difficult for me personally to digest the fact that justice is so hard to achieve in this country. I guess the important thing is to keep fighting and realizing that doing nothing is not an option.
Once again, thank you guys so much for trying.
Thank you so much for your valiant efforts Rajiv and everyone that contributed to this cause. It is so difficult for me personally to digest the fact that justice is so hard to achieve in this country. I guess the important thing is to keep fighting and realizing that doing nothing is not an option.
Once again, thank you guys so much for trying.
May be
Lawsuit is the only option for cases delayed beyond reason.
Lawsuit is the only option for cases delayed beyond reason.
baikelai said:I filed my EB2 I485 in september 2003, almost 2 years now.
I contacted Several Senators, one accepted to look at my case ( Barbara Boxer)
Her assistant made inquiries, my attorney made inquiries...nothing yet.
Each time the attorney calls the INS officer answer that this is not an emergency situation so he does not have to answer.
Is there any other things to do ?
Tx
Baikelai
Mr. Khanna--need your advice.
Dear Mr. Khanna,
I have been following the lawsuit developments closely and need your advice about
the following:
Do you think it is possible to argue in a District Court (as part of a Mandamus
action) that by taking 3.5 years to process my I-485 (still pending), CIS has,
in effect, changed the will of Congress as to the length of the period one should
wait to apply for citizenship? I remember that this was one point where Judge
Robertson actually seemed a bit sympathetic to us in the DC lawsuit. Is there a
chance a Federal judge would order CIS to consider the date of final adjudication
(hopefully approval) retroactive to some prior date or are there constitutional or
statutatory obstacles in doing so?
The reason I am asking the question is the following: My and my wife's I-485s have
been pending since Nov. 2001 (yes, 2001) at Nebraska (EB2-NIW). As you can imagine,
I have done many different inquiries (both congressional and through customrer
service), the latest (as of the end of March 05) being that they acknowledge (in
response to a Senator's inquiry) that they have Namecheck, FPs, Response to RFE,
but still gave no time line.
I met with a local attorney (Detroit area) who is ready to file a Mandamus, alas he
is rather expensive. If the above argument has a chance in court, then I would go
ahead and bring the action now. However, if that has no chance, due to the cost of
bringing the action, I would prefer to wait for a bit longer and see if CIS will
adjudicate the cases. I would really appreciate your opinion in this regard.
Thanks.
Dear Mr. Khanna,
I have been following the lawsuit developments closely and need your advice about
the following:
Do you think it is possible to argue in a District Court (as part of a Mandamus
action) that by taking 3.5 years to process my I-485 (still pending), CIS has,
in effect, changed the will of Congress as to the length of the period one should
wait to apply for citizenship? I remember that this was one point where Judge
Robertson actually seemed a bit sympathetic to us in the DC lawsuit. Is there a
chance a Federal judge would order CIS to consider the date of final adjudication
(hopefully approval) retroactive to some prior date or are there constitutional or
statutatory obstacles in doing so?
The reason I am asking the question is the following: My and my wife's I-485s have
been pending since Nov. 2001 (yes, 2001) at Nebraska (EB2-NIW). As you can imagine,
I have done many different inquiries (both congressional and through customrer
service), the latest (as of the end of March 05) being that they acknowledge (in
response to a Senator's inquiry) that they have Namecheck, FPs, Response to RFE,
but still gave no time line.
I met with a local attorney (Detroit area) who is ready to file a Mandamus, alas he
is rather expensive. If the above argument has a chance in court, then I would go
ahead and bring the action now. However, if that has no chance, due to the cost of
bringing the action, I would prefer to wait for a bit longer and see if CIS will
adjudicate the cases. I would really appreciate your opinion in this regard.
Thanks.
We looked into this
We did look into this argument. Hard to say how it will fly in view of CIS regs that provide for approval as the kick-off point. Nevertheless, we certainly intended to make this argument also. In my experience, where possible, the govt wants to settle the lawsuit a soon as we file it.
We did look into this argument. Hard to say how it will fly in view of CIS regs that provide for approval as the kick-off point. Nevertheless, we certainly intended to make this argument also. In my experience, where possible, the govt wants to settle the lawsuit a soon as we file it.
Waitneb said:
Even 6 mths is also OK.
Rajeev,
Even if they have (or will) achieve 6 month milestone on approving 485, it can still be argued that.....then why not consider citizenship after 6 months of filing 485. That is fair to all those who were stuck for years in those days when INS was inefficient.
As getting citizenship is directly linked to getting security clearance for govt. jobs, the inefficiency of INS over last 5 years specially, reduced the chances of those 485 applicants to get Govt jobs due to a delay of 2-3 years in 485 approval.
May be worth trying....
Thanks.
Rajeev,
Even if they have (or will) achieve 6 month milestone on approving 485, it can still be argued that.....then why not consider citizenship after 6 months of filing 485. That is fair to all those who were stuck for years in those days when INS was inefficient.
As getting citizenship is directly linked to getting security clearance for govt. jobs, the inefficiency of INS over last 5 years specially, reduced the chances of those 485 applicants to get Govt jobs due to a delay of 2-3 years in 485 approval.
May be worth trying....
Thanks.
operations said:
Lawsuit again FBI
Hi,
Is the individual law suit again USCIS only? Is there any successful lawsuit against FBI? I know there are many people's I-485 are delayed due to FBI security check pending for many years. That is certainly not USCIS's fault. Is there good chance to file law suit against FBI? Thnaks.
Hi,
Is the individual law suit again USCIS only? Is there any successful lawsuit against FBI? I know there are many people's I-485 are delayed due to FBI security check pending for many years. That is certainly not USCIS's fault. Is there good chance to file law suit against FBI? Thnaks.
Mr Khanna
I also have been following this forum for a long long time (though I registered later) and I take my hat off to you. You trully have a Great Heart. There are'nt many people who care as much as you do about the plight of immigrants, especially those of us who are trying to do it clean and legally. There are even less (if any) who care enough to follow it with actions like you do. I know I speak from the heart of multitude of us out there: YOU ARE A HERO.
Please let us know if you are California and have some time. I am sure there are a few of us who would like to meet and thank you personally.
Thanks again and God Bless.
I also have been following this forum for a long long time (though I registered later) and I take my hat off to you. You trully have a Great Heart. There are'nt many people who care as much as you do about the plight of immigrants, especially those of us who are trying to do it clean and legally. There are even less (if any) who care enough to follow it with actions like you do. I know I speak from the heart of multitude of us out there: YOU ARE A HERO.
Please let us know if you are California and have some time. I am sure there are a few of us who would like to meet and thank you personally.
Thanks again and God Bless.
Mr. Khanna,
I share Potalvy's view. I have some bad encounters with lawyers in general: lately over my company's immigration attorney and my past encounters with others. So I do not view lawyers in good light. You may say I am painting a generalizting from my own bad experiences. You are different and I have been following this community for well over 2 years. I am certainly impressed by your great work, dedication and selfless effort trying to help the community. For that I thank you and I will be very happy to meet you if your travel plans bring you to East Bay. I am sure you have a lot of admirers and supporters back here. There are not many lawyers who puts would be immigrant interest before their money making plans. Please keep up the good work and let me know how I can help you coz I am more than willing to give my time back to this community.
Cheers,
I share Potalvy's view. I have some bad encounters with lawyers in general: lately over my company's immigration attorney and my past encounters with others. So I do not view lawyers in good light. You may say I am painting a generalizting from my own bad experiences. You are different and I have been following this community for well over 2 years. I am certainly impressed by your great work, dedication and selfless effort trying to help the community. For that I thank you and I will be very happy to meet you if your travel plans bring you to East Bay. I am sure you have a lot of admirers and supporters back here. There are not many lawyers who puts would be immigrant interest before their money making plans. Please keep up the good work and let me know how I can help you coz I am more than willing to give my time back to this community.
Cheers,
How much does it cost to file a writ of Ma
Rajiv:
How much does it cost to file a writ of Mandamus? It seems that writ of Mandamus can be filed for a group of people, which may bring the cost down. I think it will not be hard to find a big or small group of people who suffer from the same situation: such as I-485 pending for xxx years due to the name check pending for yyy years. Is those cases are similar enough, then it may be more economical to file a case together to bring the cost down. I guess not many want to file a writ of Mandamus if it cost many thousands, but many will if it cost only several hundred? Thanks.
Rajiv:
How much does it cost to file a writ of Mandamus? It seems that writ of Mandamus can be filed for a group of people, which may bring the cost down. I think it will not be hard to find a big or small group of people who suffer from the same situation: such as I-485 pending for xxx years due to the name check pending for yyy years. Is those cases are similar enough, then it may be more economical to file a case together to bring the cost down. I guess not many want to file a writ of Mandamus if it cost many thousands, but many will if it cost only several hundred? Thanks.
No
No. We are still waiting.
mallusan said:
No. We are still waiting.
No
No you do not. I view (and I think so should most people) 485 as PRIMARILY a personal matter for the employee.
baikelai said:
No you do not. I view (and I think so should most people) 485 as PRIMARILY a personal matter for the employee.
I doubt it
I will look into it. I am (supposedly) on a two-week vacation, but I am working 2-3 hours a day. Remind me in the third week of may.
myopinion said:
I will look into it. I am (supposedly) on a two-week vacation, but I am working 2-3 hours a day. Remind me in the third week of may.
Explain
Please explain what you mean by procedure?
coolchap said:
Please explain what you mean by procedure?
How much does it cost?
Well, simple lawsuits can be wrapped up in a few thousands, especially if the govt. settles. The last individual 485 lawsuit we settled, cost our client $5,000 plus some small expenses ($400 or so).
Class actions run into hundreds of thousands. For instance, in the 485 action, my estimate is we spent appx. $250,000 in usual attorney's fees. In-house, it cost us about $50,000 out of pocket.
When we deal with multiple individuals having similar problems, the costs can be reduced quite a bit, if we settle. But if we go to trial, it can still get a little expensive.
My approach is to put down a flat-fee arrangment (highly unusual in litigations, but that is the only way we can get immigration cases to court). That way, our clients have peace of mind and we do not have to bother with keeping track of our hours.
Well, simple lawsuits can be wrapped up in a few thousands, especially if the govt. settles. The last individual 485 lawsuit we settled, cost our client $5,000 plus some small expenses ($400 or so).
Class actions run into hundreds of thousands. For instance, in the 485 action, my estimate is we spent appx. $250,000 in usual attorney's fees. In-house, it cost us about $50,000 out of pocket.
When we deal with multiple individuals having similar problems, the costs can be reduced quite a bit, if we settle. But if we go to trial, it can still get a little expensive.
My approach is to put down a flat-fee arrangment (highly unusual in litigations, but that is the only way we can get immigration cases to court). That way, our clients have peace of mind and we do not have to bother with keeping track of our hours.
Thank you, Ken and Potalvy
Thank you. The fact that our team can affect so many lives in a positive (or negative) way is awsome responsibility with equivalent rewards. I am very respectful of the fact that this community makes us, not the other way around. I appreciate your very kind offers, Ken. You can help by guiding as many people as you can who can benefit from your experience. I don't travel much. Too involved with my routine. But if I do, I will post an announcement. We can all get together over a cup of coffee or something.
kclee60 said:
Thank you. The fact that our team can affect so many lives in a positive (or negative) way is awsome responsibility with equivalent rewards. I am very respectful of the fact that this community makes us, not the other way around. I appreciate your very kind offers, Ken. You can help by guiding as many people as you can who can benefit from your experience. I don't travel much. Too involved with my routine. But if I do, I will post an announcement. We can all get together over a cup of coffee or something.
Can my company file Law suit against USCIS?
My Company is prepared to file a lawsuit against USCIS. Here are my case details.
My I-140 was filed on 02/05/2004 with employer copy of LC because DOL sent the Attorney's copy to a wrong address and when my attorney contacted the DOL they said they can not issue a duplicate copy of LC but suggested to file with employer's copy.
USCIS issued a RFE to DOL on 08/06/2004 asking for a copy of LC. When we contacted DOL in Februay 2005 they told us the copy was sent to USCIS back in August 2004.
But USCIS did not change the status of my application even after 4 case enquires. When we contacted USCIS through AILA liason USCIS replied they did not receive the copy from DOL. DOL is saying they would not send another copy unless USCIS reissues the request.
My company HR department is preparing to file a law suite against USCIS
My question is how does the law suit impacts my I-140 petetion?
Will there be any negative implications?
My Company is prepared to file a lawsuit against USCIS. Here are my case details.
My I-140 was filed on 02/05/2004 with employer copy of LC because DOL sent the Attorney's copy to a wrong address and when my attorney contacted the DOL they said they can not issue a duplicate copy of LC but suggested to file with employer's copy.
USCIS issued a RFE to DOL on 08/06/2004 asking for a copy of LC. When we contacted DOL in Februay 2005 they told us the copy was sent to USCIS back in August 2004.
But USCIS did not change the status of my application even after 4 case enquires. When we contacted USCIS through AILA liason USCIS replied they did not receive the copy from DOL. DOL is saying they would not send another copy unless USCIS reissues the request.
My company HR department is preparing to file a law suite against USCIS
My question is how does the law suit impacts my I-140 petetion?
Will there be any negative implications?
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