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

The key in having a valid case would be the definition of "normal processing time". BCIS says normal processing time is 33 months.
 
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.
 
Originally posted by w8nc
The key in having a valid case would be the definition of "normal processing time". BCIS says normal processing time is 33 months.
Click to expand...
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 ?
 
Yes We should go ahead

We cannot just hope and wait. The BCIS will add one (or more )digits to the system and say normal processing times have gone upto 9999(9) days. This has gone long enough.

I think whatever dates mentioned in the receipt with the SRC# should be taken as the normal processing time during that period. Mine was (RD - 8/01) stating 365 days which is passed long long ago.
 

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.
 
Think About It


Insted of paying for 2nd, 3rd, 4th...........N th EAD & AP, and waiting for ever.............! just form an action comitee under Mr. R.S. Khanna and /or Mr.Carl shusterman and contribute one EAD fee To help this law suit go forward and get out of this USCIS/ DHS never ending mess.
 
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