Successful lawsuit against BCIS to clear up backlogs is possible !!!!

"If you submitted an application for an immigration benefit, if it is
beyond the normal processing time, if you have made written inquiries about your application, and the government has not responded"

What's "normal processing time" for EBGC?
 
The idea is to hold BCIS accountable for anything they put down in writing (e.g. 365 -540 days for I-485). Anyone waiting > 18 months will be able to sue.
 
Originally posted by waytoolong
The idea is to hold BCIS accountable for anything they put down in writing (e.g. 365 -540 days for I-485). Anyone waiting > 18 months will be able to sue.
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Mine receipt says "999 days"
 
The backlog situation is not going to improve next year either.

The AILA update from Washington that is in immigration-law.com second page (DHS budget signed into law) says that the funding situation remains the same for USCIS and so they don’t expect the backlog reductions to go away. So looks like we have to defend ourselves. The lawsuit is the way to go.
 
That action seems to be suitable only if the case pending beyond 999 days. I think that is the normal processing period for I-485 and not 18 months.
 
BCIS will keep redefining normal to suit their needs but according to Pres Clinton 6 months is normal (AC21) - this was reiterated by Bush recently. What if you are being operated by a doctor who is performing a "routine" surgery but keeps redefining "routine" as 98% success --> 95% --> 80% --> 50% -->40% success rate during the surgery to justify botching the operation ? Wouldn't you kick his/her butt into outer space ?
 
Originally posted by waytoolong
BCIS will keep redefining normal to suit their needs but according to Pres Clinton 6 months is normal (AC21) - this was reiterated by Bush recently. What if you are being operated by a doctor who is performing a "routine" surgery but keeps redefining "routine" as 98% success --> 95% --> 80% --> 50% -->40% success rate during the surgery to justify botching the operation ? Wouldn't you kick his/her butt into outer space ?
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I would definitely bring this doctor to a damn good judge to kick his/her butt! :)
 

Normal processing time is 180 days as per law. Congress passed the bill and President signed that bill. So USCIS has to abide that law. Also USCIS has to submit backlog reduction reports to congress in timely manner. But I don't think they are submitting any report to congress and also they didn't reduce the backlog. Since USCIS didn't abide by that law, it is time to approach the judicial branch to take proper action against USCIS.


According to the Immigration Service and Infrastruture Improvement Act of 2000, SEC. 203,
(1) Backlog.--The term ``backlog'' means, with respect to an immigration benefit application, the period of time in excess of 180 days that such application has been pending before the Immigration and Naturalization Service.

Also, according to SEC.202. PURPOSES (b) POLICY,
It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.
 
I agree to what EDISON says about 180 day rule/AC21. However my reciept notice says 999 days.

Even if I approach the court based on 180 day rule, BCIS will stil l have a strong defence since my recipt notice says 999 days and not 180 days.This is my interpretation.

Moreover AC21 has many gray areas. I understand from some of the posts in the past and one real life experience that happened to a person in Bay Area that the interpretation of AC21 is not consistent amongst officers at BCIS. The real life case I know is : His AOS got rejected when he changed his employer after 180 days and his sponsor employer revoked his I-140.
 
Originally posted by gcworthy
I agree to what EDISON says about 180 day rule/AC21. However my reciept notice says 999 days.

Even if I approach the court based on 180 day rule, BCIS will stil l have a strong defence since my recipt notice says 999 days and not 180 days.This is my interpretation.

Moreover AC21 has many gray areas. I understand from some of the posts in the past and one real life experience that happened to a person in Bay Area that the interpretation of AC21 is not consistent amongst officers at BCIS. The real life case I know is : His AOS got rejected when he changed his employer after 180 days and his sponsor employer revoked his I-140.
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999 days is the first step to prove that they are breaking law. Law states 180 days but USCIS claims we don't care about about law we'll take 999 days. Are they above law?????

They have no room to defend themselves since they never bothered even to submit any report to congress about backlog reduction which they are obligated per that law.
 
Edison BCIS/NIS are not above the law. They are lethargic in delivery but smart in covering their asses. I don't think 180 day rule is a law ( or whatever) like issuing the EAD on 91st day from the RD.
In case of EAD they promptly issue an interim EAD on 91st day if they have not processed within the stipulated time in the RN .

If 180 day rule was something in this sense they would definetly take action and not dodge on the approvals.

So even if somebody drags to the court on this , the first that would arise the time period mentioned on Recipt Notice and not what Clinton said or Bush reiterated on this . Because Bush himslef tigthened the screws on INS , that has reborn as BCIS adding confusion and delays with introduction of ZERO tolerance ..... and all that crap
 
Originally posted by gcworthy
Edison BCIS/NIS are not above the law. They are lethargic in delivery but smart in covering their asses. I don't think 180 day rule is a law ( or whatever) like issuing the EAD on 91st day from the RD.
In case of EAD they promptly issue an interim EAD on 91st day if they have not processed within the stipulated time in the RN .

If 180 day rule was something in this sense they would definetly take action and not dodge on the approvals.

So even if somebody drags to the court on this , the first that would arise the time period mentioned on Recipt Notice and not what Clinton said or Bush reiterated on this . Because Bush himslef tigthened the screws on INS , that has reborn as BCIS adding confusion and delays with introduction of ZERO tolerance ..... and all that crap
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You can argue for ever with your own interpretations. But law is not what you say or Clinton said or Bush said.

Immigration Infrastructure act 2000 passed by Congress and signed by the then President is the law. It clearly states that anything beyond 180 day is backlog.

It's upto you. You can wait for 999 days or join others and fight against USCIS which doesn't follow the law. We are not here to argue, we are just gathering the like minded people.
 
Edison,

I am not trying to argue. I wish if it get my GC even without a wait of 180 days. This is something everyone would long for. I have already sent the e-mail petitions in support of speedy action from BCIS. I was just trying may a point how clever BCIS guys are in covering up them selves.
 
Originally posted by gcworthy
Edison,

I am not trying to argue. I wish if it get my GC even without a wait of 180 days. This is something everyone would long for. I have already sent the e-mail petitions in support of speedy action from BCIS. I was just trying may a point how clever BCIS guys are in covering up them selves.
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They are bunch of cheats. They can tell all these lies in AILA liaison meeting but if we sue them they are done, we'll see the result . Let's set a precedent for future immigrants.


BTW, I appreciate your efforts.
 
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