*** Sad News --- Class Certification Denied ***

Here are the numbers

Rajiv will host a conference call at 1 PM Eastern Time tomorrow (Wednesday, 18 May). The discussion will be limited for the most part to litigation against the government for delays and related matters.

Dial 641-985-0100
Access Code: 318388#
 
Hi Mann,

You have committed two big mistakes.
1. 'Honesty' about your sick mother. Your mother can only fall sick after you get your GC. Any Govt has fear of public charge.
2. 'Offering to work'. People take affront if you tell them they are 'Slow' (However goddamn Slow a***s they are!).

People want you not to be 'QUIET' (That makes them feel 'Neglected'). They want you to keep telling your sorry story (That makes them feel in control 'they can change your misery') and requesting their help (That makes them feel 'Important').

I feel a lot like you, but you have to 'Be Diplomatic in Public' and 'S***w them in Private'. They do it everywhere, but it is more in the 'Cut-throat world'.
You have to be like the 'Apprentice' and the 'Survivor' (CLAP, CLAP!). You don't have to have GOOD qualities, you have to be SAVVY(sic).

Intelligent people die early, Smart people rule the world. Smart in the USA means ('The one who is able to go laughing to the bank - eventually').
Don't do any protest or anything (you might be jailed, and put everything in jeopardy), Nor try anymore offers to work for anyone.

You may personally try to meet, with a SORRY face, and wish them well. And congratulate them on the GREAT(sic) work they have been doing lately. Maybe it will work.

If that does not work, File a writ of mandamus - Hire a good lawyer(good not= cheap), and pray for a sympathetic judge. Your case could be a 'let us teach him a lesson' type.

Sorry Man, Forgive me if you felt offended. (Everyone has a right to feel OFFENDED, and play the victim (Just who is the VICTIM? don't ask.)

ps: I hate to be SAVVY(I am NOT!), but I heard it is very lonely in Heaven.
Kindly be Good to some really Good people out there.
 
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amrcn_attd said:
Hi Mann,

You have committed two big mistakes.
1. 'Honesty' about your sick mother. Your mother can only fall sick after you get your GC. Any Govt has fear of public charge.
2. 'Offering to work'. People take affront if you tell them they are 'Slow' (However goddamn Slow a***s they are!).

People want you not to be 'QUIET' (That makes them feel 'Neglected'). They want you to keep telling your sorry story (That makes them feel in control 'they can change your misery') and requesting their help (That makes them feel 'Important').

I feel a lot like you, but you have to 'Be Diplomatic in Public' and 'S***w them in Private'. They do it everywhere, but it is more in the 'Cut-throat world'.
You have to be like the 'Apprentice' and the 'Survivor' (CLAP, CLAP!). You don't have to have GOOD qualities, you have to be SAVVY(sic).

Intelligent people die early, Smart people rule the world. Smart in the USA means ('The one who is able to go laughing to the bank - eventually').
Don't do any protest or anything (you might be jailed, and put everything in jeopardy), Nor try anymore offers to work for anyone.

You may personally try to meet, with a SORRY face, and wish them well. And congratulate them on the GREAT(sic) work they have been doing lately. Maybe it will work.

If that does not work, File a writ of mandamus - Hire a good lawyer(good not= cheap), and pray for a sympathetic judge. Your case could be a 'let us teach him a lesson' type.

Sorry Man, Forgive me if you felt offended. (Everyone has a right to feel OFFENDED, and play the victim (Just who is the VICTIM? don't ask.)

ps: I hate to be SAVVY(I am NOT!), but I heard it is very lonely in Heaven.
Kindly be Good to some really Good people out there.
Click to expand...

Dear amrcn_attd,

No offense taken. You are entitled to your opinion and how you feel about certain things. I read a detailed interpretation of the writ of mandamus, which had some cases cited. A couple of cases were dismissed because the petitioner did not attempt to "resolve" the problem before coming to court. The judge did not feel sympathetic towards the petitioner. Therefore I want to be smart about it and do everything that I can to convince the judge that I have done everything possible. Now, of course, I have kept all the FedEx delivery confirmations, fax confirmations, e-mails, as well as phone call logs, including the names of the people whom I talked to and on what the dates/times.

The reason I had done so is that I want to be successful when I file the writ of mandamus. I have learned that people are generally not mean. So if, by chance, I am able to meet Mr. Hooton or someone in public affairs in Washington, who is able to help me, I would save some anxiety and certainly some money, which I can use for a variety of things. :)

I do, however, agree with you about the protest. I also am anxious over this and may end up not doing it because of the possibility that you cited.

Let's see what transpires during tomorrow's conference call with Rajiv, and we will go from there.

Good luck to you.

Regards,

SS
 
conference

My kid has emergency this morning so I missed the conference call. Can anyone post the minutes or at least the brief of the conference? Thanks
 
candie said:
My kid has emergency this morning so I missed the conference call. Can anyone post the minutes or at least the brief of the conference? Thanks
Click to expand...
Here are the main points that I captured (In random order):

a) Since individual circumstances will be different, Rajiv advised against group lawsuit, instead he may offer discounts to people in large numbers with similar situations who approach together, but lawsuits will be filed individually

b) Costs incurred may range from $5000 to a max of $15000 plus the costs

c) Rajiv recommends that it may be wise to wait until your RD is 1 year after the Current processing dates for AOS and 120 days for naturalization folks.

d) Contact your congressional offices and AILA Liason via your lawyer (Prefers Cong offices to AILA)

e) Uses not just Mandamus but also APA? (to better support the writ??)

f) The new REAL ID may potentially give more discretionary powers to USCIS prohibiting people from suing CIS but the new law is untested for now. (Folks, please correct me if I misrepresented this one)

g) Lawsuit primarily depends on the judge, the process is uncertain and difficult

The above are some of the notes that I have taken and folks who attended, please add to and correct any of my notes above.
 
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Reminder as requested

operations 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.
Click to expand...

Rajiv,

I know you are busy and even cut short your vacation, which is not a good idea though:)...Anyway I am reminding you of the citizenship issue, as requested by you.

Six months after filing 485 should be the start date to count 5 years time needed for citizenship.

Thanks.
 
Did the court provide details on their reasoning in the class action? I noticed that the initial post indicated this will be forthcoming.

Thanks!
~T
 
talkative said:
Did the court provide details on their reasoning in the class action? I noticed that the initial post indicated this will be forthcoming.

Thanks!
~T
Click to expand...
Nothing from court so far. I feel like I am back in India.
 
I think we might have a case

myopinion said:
Rajiv,

I know you are busy and even cut short your vacation, which is not a good idea though:)...Anyway I am reminding you of the citizenship issue, as requested by you.

Six months after filing 485 should be the start date to count 5 years time needed for citizenship.

Thanks.
Click to expand...

I have looked at the law preliminarily. I think we might have a case. Someone take a lead and see how many people want to get involved in an effort like this.
 
It seems that would be a clearly frivolous case. The natz. statute clearly requires 5 years residence AFTER having acquired LPR status, and the adjustment statute clearly says LPR status dates fromt the APPROVAL of the adjustment.
 
May be not

Fritz said:
It seems that would be a clearly frivolous case. The natz. statute clearly requires 5 years residence AFTER having acquired LPR status, and the adjustment statute clearly says LPR status dates fromt the APPROVAL of the adjustment.
Click to expand...

I think there is a good faith argument that when the statute was enacted, it did not take multiple years to get green card including to adjust status. Hence, Congress did not (could not) anticipate that there will be huge time lag between applying for a GC and getting it. The delays have tacked on a time overhead that was unanticipated by Congress. Therefore the CIS regs are antiquated. They ought to be revised to grant 485 approval retroactive at least to the date of filing the 485. The definition of "date of approval" should be revised by CIS.

Weak argument? I dont know. Certainly not frivolous. But admittedly, I have not spent more than a couple of hours on this. If we do decide to look into it more seriously, we will need at least a few weeks to study this matter.
 
Loophole

This amendment if in effect would provide a loophole not to stay with sponsoring employer after approval if you have worked for 180 days after filing for the same employer.
 
May be you missed the point...

akatu said:
This amendment if in effect would provide a loophole not to stay with sponsoring employer after approval if you have worked for 180 days after filing for the same employer.
Click to expand...

We are talking about STARTING the counting of 5 years from this 180 day date. This indirectly means allowing us to apply for citizenship within 5.5 years (5 years plus 180 days) of submitting 485.
 
Yes I agree

But this will undermine the regulation to work for sponsoring employer after obtaining GC, cause if you already been employed for more than 180 days (Or better 360 days) before adjudication of AOS you are done since approval shall be retroactive to this date. I just wonder how USCIS accepts this.
 
What to do if I-485 Delayed due to Security Checks

My I-485 filed at the Vermont center with a PD of 2/14/2004 is not approved yet even though the USCIS web site indicates that they are processing cases from July 22nd 2004.

Queries submitted by lawyer and AILA liasion resulted in the same response: stuck in security checks.

I understand that there are people whose cases have been stuck in security checks for months and years. But, I would like to everything possible to build my case for a law suit if required.

What steps should I take?

Thanks
Raj_Dc
 
Not much

raj_dc said:
My I-485 filed at the Vermont center with a PD of 2/14/2004 is not approved yet even though the USCIS web site indicates that they are processing cases from July 22nd 2004.

Queries submitted by lawyer and AILA liasion resulted in the same response: stuck in security checks.

I understand that there are people whose cases have been stuck in security checks for months and years. But, I would like to everything possible to build my case for a law suit if required.

What steps should I take?

Thanks
Raj_Dc
Click to expand...


Just make periodic inquiries (which you are already doing).
 
WSJ Article on fingerprints...

Hi Rajiv,

I was reading the Wall Street Journal and spotted this article "Fingerprint Mystery: They Don't Change, But They Do Expire
Government Hopes to Stop Calling Back Immigrants;Mr. Al-Shankiti's Saga"

And I was a little excited when I saw your name and comments there. Nice work! I guess this is a good sign that Major press is actually paying attention to our problems. And thanks to Rajiv for helping to bring our concerns to the general public attention.

Well, for others... Check out the article. It's on page A1 of today's edition (6/29/2005)

Cheers!
 
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