Settlement Memorandum Sent

The Fruits of this Law Suit

Though USCIS lawyers put a brave face by denying everything in the lawsuit , but actually all these happenings are definetly due to this lawsuit.They are scared because they know they are on the wrong side and making the ground for their argument saying ,they are making every step to reduce backlog.Though thes pilot programs won't help the present lot but definetly will help the future immigrants. Thanks Rajiv ,already half victory is achieved if all centers implements these programs

Originally posted by hrithikroshan11
Dear Rajiv,

It is also heard that the USCIS is launching two interesting pilot programs to complete adjudication of I-485 applications within 90 days of filing. California Service Center is reportedly about to launch such 90-day concurrent I-140/I-485 adjudication program for EB-2 concurrent-filing cases.

This is also crazy. California is already faster than VSC in processing 140 applications. Why do they need to make a fast center faster rather than increasing the speed at VSC?

Besides, there are lot more applications filed at VSC than at CSC. Shouldn't they allocate more resources to VSC in that case?

Can we ask them for the reasoning behind this move? The common sense would suggest to use this pilot program for VSC, where there are more applications pending than any other service center.

Thank you,
Hrithik
Click to expand...
 
Arrogance from ignorance. That’s how I would sum up government’s response. Basically, USCIS in its reply says that they don’t care about the Congress and will do whatever they want the way they want (Para 89 and Affirmative Defense 4). Also, the deterioration of USCIS’s service 3 ½ years after AC 21, demonstrates that.
There are a couple of instances where USCIS is contradicting itself. They deny Congress’s intent (Para 41) and then agree (Para 51). Again they feign ignorance on the processing time (Para 40) and then agree that they are currently processing AOS cases older than 2 years (Para 52).
I think the above is enough to demonstrate USCIS’s ineptitude in spite of their recent initiatives.
We need to document most of hardship and injury (para 64-65, 68 and section 8 para 69,75, 76).
 
Sorry - you misunderstood me.I never said VSC should not do it.What i said is this lawsuit created an impact on INS and they are trying to act smart.Even i said -<b>"already half victory is achieved if ALL CENTERS implements these programs"</b>.There is no reason CSC can't do it ,if there is a backlog in VSC.What we can do is -We can request all center to do it.if VSC is slow in I 140 ,it is very fast in I485 and way ahead of other centers in I 485.So the bottom line -I have not recommended anything except there are some fruits becos of this law suit(who should share it - i have no idea).On the funny side - who said India is Hungry - INDIA IS SHINNING

Originally posted by hrithikroshan11
Yes there are some fruits because of the filed lawsuit. But the fruits should be distributed equally among the service centers and people already waiting in line for these fruits should get priority.

Would you recommend giving 100 tonnes of apples to a small country like Nepal and only 1 ton of apple to the neighboring India where there are more people hungry and waiting for fruits?

That is the same thing they are doing by proposing to distribute more fruits at CSC rather than in VSC.
Click to expand...


Though USCIS lawyers put a brave face by denying everything in the lawsuit , but actually all these happenings are definetly due to this lawsuit.They are scared because they know they are on the wrong side and making the ground for their argument saying ,they are making every step to reduce backlog.Though thes pilot programs won't help the present lot but definetly will help the future immigrants. Thanks Rajiv ,already half victory is achieved if all centers implements these programs
 
I am confused

I remember we had two lawsuits agaist USCIS regarding I485. One is filed for about 10 longtime waiters, another one is for some 1000 applicants ( I also signed up for the suit). Which one we are talking about in this discussion?
 
response

Looks like the Attorney knew only one sentence. I don't think I need to write.
I just can't stop laughing at his reply. You can understand his efficiency in sending the reply. To write only one response to all the question he took more than a month.
I don't blame USCIS/CIS/INS etc etc in their efficiency. I wish Jaspal Bhatti was here.
 
Here is what I think is going on

Originally posted by hrithikroshan11
Yes there are some fruits because of the filed lawsuit. But the fruits should be distributed equally among the service centers and people already waiting in line for these fruits should get priority.

Would you recommend giving 100 tonnes of apples to a small country like Nepal and only 1 ton of apple to the neighboring India where there are more people hungry and waiting for fruits?

That is the same thing they are doing by proposing to distribute more fruits at CSC rather than in VSC.

Rajiv,

Can you please take this matter with VSC and US Immigration office as well?

Thank you,
Hrithik
Click to expand...


CIS has been under the gun for backlogs for a long time. Along came the elction year. With the administration trying to present an immigration-frendly face, it became important to appear devoted to the cause of backlog elimination. Somewhere around the same time came our lawsuit. So what is the best PR startegy for CIS? Appear to be putting in quick backlog reduction efforts. They can then use that to show the world how they have undertaken these efforts (by themselves - not because a court ordered them to).

I also believe the govt. asked for more time to respond in our lawsuit because they wished to put some of these efforts in place. Their position in the court would be much improved (they think) if they can show the court how hard they have been working.

Let us see wht the court thinks.
 
Do we have a hearing scheduled?

Hello Rajiv:

Now that we will be dealing with them in the court, is there a hearing scheduled?

Regards,

Manish
 
Do we have a strategy to deal with Firepower of the Government attorney? Looks like they want to bulldodge our efforts and flatten by shear size of their rapid fire machinery ?

Are they going to appear for hearing or this will be dismissed ?
 
Originally posted by GC_candiadate
Do we have a strategy to deal with Firepower of the Government attorney? Looks like they want to bulldodge our efforts and flatten by shear size of their rapid fire machinery ?

Are they going to appear for hearing or this will be dismissed ?
Click to expand...

My dear friend,
Together, we win. We have more ammunition with us than they have. Remember, "TRUTH TRIUMPHS" . That's our strength. They have absolutely no strength in their argument.

http://www.immigrationportal.com/showthread.php?threadid=120767
 
The court should schedule a scheduling hearing soon

In this hearing, court will decide various issues of what happens when.
 
Re: Here is what I think is going on

We should collect data about the pending cases and delay
1. before the this lawsuit ( data till Dec 2003)
2.After this law suit .
We sould show the judge how fast they acted after the lawsuit to deny the lawsuit, what they will do in future if any action is not taken etc..etc..We can nail them with stats.

Originally posted by operations
CIS has been under the gun for backlogs for a long time. Along came the elction year. With the administration trying to present an immigration-frendly face, it became important to appear devoted to the cause of backlog elimination. Somewhere around the same time came our lawsuit. So what is the best PR startegy for CIS? Appear to be putting in quick backlog reduction efforts. They can then use that to show the world how they have undertaken these efforts (by themselves - not because a court ordered them to).

I also believe the govt. asked for more time to respond in our lawsuit because they wished to put some of these efforts in place. Their position in the court would be much improved (they think) if they can show the court how hard they have been working.

Let us see wht the court thinks.
Click to expand...
 
That is OK

Originally posted by GC_candiadate
Do we have a strategy to deal with Firepower of the Government attorney? Looks like they want to bulldodge our efforts and flatten by shear size of their rapid fire machinery ?

Are they going to appear for hearing or this will be dismissed ?
Click to expand...

They cannot get far with that approach.
 
Thanks Rajiv!

We know that you have some plan and timeline with you but all of us are guessing for that. BIG Q for all of us is to know what are next steps!
 
I think they are trying to get their averages like "time to adjudicate" at CSC down by taking the most recent cases up at the expense of long pending cases.
Can we make discrimination (especially against long pending cases) a point in our argument? I have seen posts earlier that there is no law explicitly stating that the cases should be processed first in - first out, but doesn't USCIS's release of processing dates imply that cases will be processed first in first out?
Also, according to these dates, in the 3+ months since the law suit has been filed. The dates at CSC have moved less than a month, meaning that the backlog is still increasing at CSC.
 
Just to point you guys to an article on today's New York Times that highlighted the sufferings of legal EB immigrants awaiting the green card. It is one of the very few articles on non-poor non-illegal people like us. Hope this could be useful for the lawsuit.

Article requires free registration, and here is the link:

http://www.nytimes.com/2004/04/06/nyregion/06VISA.html?hp
 
Project Ocean Campaign #12

Originally posted by zmh
Just to point you guys to an article on today's New York Times that highlighted the sufferings of legal EB immigrants awaiting the green card. It is one of the very few articles on non-poor non-illegal people like us. Hope this could be useful for the lawsuit.
Article requires free registration, and here is the link:
http://www.nytimes.com/2004/04/06/nyregion/06VISA.html?hp
Click to expand...
Read the article and join Project Ocean Campaign #12 - Make Bill Yates Aplogize.
 
NY Times article

The Yates talk again. We should ask for the evidence of any security threat he identified, and what category the belong to. All these statistics will show how stupid it is to check everyone multiple times. Again it sounds stupid to me that it takes more than a year to check someone, and meanwhile they proudly say they will not sacrifice national security!
 
Last edited by a moderator:
from the above nytime article...

=========
One reason the backlog has ballooned is that processing delays force employers to file costly multiple petitions just to keep an employee and dependents in legal status, complained Lynn Shotwell, director of the American Council on International Personnel, a Washington organization for 250 corporations and institutions that want to ease the movement of personnel across national borders.

The council has protested a Bush administration plan to impose higher processing fees to cover the cost of hiring additional personnel.
===========

http://www.acip.com/acipweb.nsf/1f4...d6fdf3393553c82885256b8d006f5f1d?OpenDocument

Can we contact this council and talk to them in support of our lawsuit ??
 
Not related..but

Not related..but

I noticed footer in kashmir's email about stairway to heaven....and thought of responding.

Just imagine how many more people may be thinking about such eventuality and getting sick with stress.

USCIS needs to be taken to task for not listening to such genuine requests and not taking action on such common sense issues.

Forget about quick processing, but what stops USCIS to issue an interim rule that dependants case will not be withdrawn if primary applicant dies after 180 days of filing 485.

It is disgusting and sickening just to think how insensitive this Govt. can be.
 
You must log in or register to reply here.
Top