VSC-BCIS is to be sued, need your advices

T

Tines

Registered Users (C)
I am an Oct-2001 filer and have suffered too much. In a previous post (485 issues in Vermont Service Center > I am losing my brain) (computer guys please help to get the link to that thread, I don't know how to get the link), I talked about my weight loss and more servere sufferings I was under. For example, I often thought the red traffic light is green and the green is red.

Thank you guys for your important imputs. Followed that week I visited the doctor who referred me to another three doctors, all of whom say I am hurt by the 485 application waiting. Thus a 3-month-curing was suggested and is underway. On the basis of these, I contacted a couple of lawers this week, about IF VSC CAN BE SUED. Well, you know these things are always complicated, and only one is willing to take over the case. However, I am not sure if I want to hire her or not. So guys please help:

1. Any of you know about a better lawyer in NJ (or in the NY-NJ-CT) area?

2. VSC or BCIS?

3. For you guys whose majors are LAW, please imput your opinions about the feasibility.

Do not simply say "it is not possible". Give detailed reasons. Remember that anthrax guy, who Ashcraft said to be "of interest"? He filed his lawsuit recently against Ashcraft, per I was told this week. We could do anything within the reach of laws.
 
I see your frustration. What do you want to get out of this law-suit?

Help the next generation of applicants - we have already made a petition, sign it and send it to as many people as possible.

Get money out of BCIS - the attorneys take almost all the money.

Get even with BCIS - this is a valid reason.

I would say you put the same efforts by sending an expedition request on your case saying that your health is affected or any such cause.
 
I would love to see the government sued for incompetence but there are a couple of things that you need to have answers for :

You need to have a very specific argument why the processing delay is causing mental agony since :
1) AC21 allows you to "move on", change locations, companies, etc
2) AP and EAD allows you part time jobs, travel etc

Hope you succeed ...
 
Originally posted by waytoolong
I would love to see the government sued for incompetence but there are a couple of things that you need to have answers for :

You need to have a very specific argument why the processing delay is causing mental agony since :
1) AC21 allows you to "move on", change locations, companies, etc
2) AP and EAD allows you part time jobs, travel etc

Hope you succeed ...
Click to expand...

These are not really true. AC-21, AP and EAD are ALL useless in a lot of cases. (Driver Licence to mention just one)
 
Originally posted by Tines
I am an Oct-2001 filer and have suffered too much. In a previous post (485 issues in Vermont Service Center > I am losing my brain) (computer guys please help to get the link to that thread, I don't know how to get the link), I talked about my weight loss and more servere sufferings I was under. For example, I often thought the red traffic light is green and the green is red.

Thank you guys for your important imputs. Followed that week I visited the doctor who referred me to another three doctors, all of whom say I am hurt by the 485 application waiting. Thus a 3-month-curing was suggested and is underway. On the basis of these, I contacted a couple of lawers this week, about IF VSC CAN BE SUED. Well, you know these things are always complicated, and only one is willing to take over the case. However, I am not sure if I want to hire her or not. So guys please help:

1. Any of you know about a better lawyer in NJ (or in the NY-NJ-CT) area?

2. VSC or BCIS?

3. For you guys whose majors are LAW, please imput your opinions about the feasibility.

Do not simply say "it is not possible". Give detailed reasons. Remember that anthrax guy, who Ashcraft said to be "of interest"? He filed his lawsuit recently against Ashcraft, per I was told this week. We could do anything within the reach of laws.
Click to expand...

Tines,

I assume you are serious about all these. I would suggest a couple of things;

1: Let us have your story in "dengdeng's" testimonial list. Please find the right thread and put your story there.
2: You can TRY expedite your case on this grounds by contacting your lawyer, AILA, Congressman.
3: YOU CAN SUE BCIS anytime and you have a VALID reason. Others may join in your suit and it may become a class action suit. There are several threads on this forum (VSC, CSC, others) about possible suit.
4: If you have difficulty with lawyers, get in touch With the ACLU.
 
Originally posted by Tines
I

Do not simply say "it is not possible". Give detailed reasons. Remember that anthrax guy, who Ashcraft said to be "of interest"? He filed his lawsuit recently against Ashcraft, per I was told this week. We could do anything within the reach of laws.
Click to expand...

COME to the ground... first

Are you prepared to die ?
The anthrax guy was ready to die ...so this is nothing for him
He had a lot of "illegal" money behind him.
Do you have that.... your legal money will be easily eaten by lawers

If you are proved so sensitive.... why do you hang on to this place... go to your place happily. - It is Better than dying under a red-light

Not only you .. there are many others in the same kind of boat.

I hate people who mind so much on this stupid GC
You are totally use less creature ..

GROW UP man ..

Live the life......
 
Tines

Is there any rule that BCIS has to approve your application in less than 1 year ? How are you going to sue them when BCIS has not violated any rules ? If you are having anxiety and health problems, that's your problem (don't take it bad, i am talking on legal tone).
 
Re: Re: VSC-BCIS is to be sued, need your advices

Originally posted by 1amShantanuB
COME to the ground... first

Are you prepared to die ?
The anthrax guy was ready to die ...so this is nothing for him
He had a lot of "illegal" money behind him.
Do you have that.... your legal money will be easily eaten by lawers

If you are proved so sensitive.... why do you hang on to this place... go to your place happily. - It is Better than dying under a red-light

Not only you .. there are many others in the same kind of boat.

I hate people who mind so much on this stupid GC
You are totally use less creature ..

GROW UP man ..

Live the life......
Click to expand...

Shantanu, I think you are the sole father of this forum. A preacher, a guide, a critic.....wow!!! Are you finding it a compliment or a comment?
 
Re: Tines

Originally posted by dsatish
Is there any rule that BCIS has to approve your application in less than 1 year ? How are you going to sue them when BCIS has not violated any rules ? If you are having anxiety and health problems, that's your problem (don't take it bad, i am talking on legal tone).
Click to expand...

dsatish,

there are enough grounds to sue. The waiting time from government sources is 180 days. Do a search on all "suit" related material including mine first and then give advice to the guy. there are actually more than one valid reason to sue.

As far as the money ACLU takes no money.
 
Re: Re: Tines

Originally posted by cinta
there are enough grounds to sue. The waiting time from government sources is 180 days.
Click to expand...

Please cite and quote any statute or regulation that says that an immigration petition MUST be approved within any specific period of time.

If you cannot do that, don't bother going to court. You will simply pay a lot of money to be laughed at. I would be happy to laugh at you for half of what your attorney would charge you. :)

Not to be rude, but I don't see this going anywhere.
 
Re: Re: Re: Tines

I think the point is, in the receipt notice it is said "365-540 days" for 485 cases. So people get prepared to this time frame accordingly, in respect to every aspects of life. Now it did not come, and people get agonized so much that they have to be treated by doctors. This directly results from the wrong message BCIS spread and the unacceptable delay.

Now are you seeing any responsibility that BCIS may want to take?



Originally posted by TheRealCanadian
Please cite and quote any statute or regulation that says that an immigration petition MUST be approved within any specific period of time.

If you cannot do that, don't bother going to court. You will simply pay a lot of money to be laughed at. I would be happy to laugh at you for half of what your attorney would charge you. :)

Not to be rude, but I don't see this going anywhere.
Click to expand...
 
Re: Re: Re: Tines

Originally posted by TheRealCanadian
Please cite and quote any statute or regulation that says that an immigration petition MUST be approved within any specific period of time.

If you cannot do that, don't bother going to court. You will simply pay a lot of money to be laughed at. I would be happy to laugh at you for half of what your attorney would charge you. :)

Not to be rude, but I don't see this going anywhere.
Click to expand...

There is no need for stature or regulation, nor MUST. One can sue on the delay of the process. I forget the exact legal term for it. one can check the following threads for a refreshment.

http://www.rreeves.com/pub_217.htm

http://boards.immigrationportal.com...rystal+williams

http://www.visalaw.com/98oct/25oct98.html

http://www.aila.org/contentViewer.a...9,594,1003,1015

http://www.onlisareinsradar.com/archives/000802.php

http://www.payvand.com/news/02/dec/1119.html

http://boards.immigrationportal.com...ass+action+suit
 
Cole & Cinta

Your point is not convincing . Any one can file a suit. But not every one wins. There is absolutely no grounds for a suit here. If the points you are telling are correct, then there are millions of people(especially family based I485 etc) whose applications are pending for more than 5 years and none of them ever filed a case based on processing delays.
 
Re: Cole & Cinta

Originally posted by dsatish
Your point is not convincing . Any one can file a suit. But not every one wins. There is absolutely no grounds for a suit here. If the points you are telling are correct, then there are millions of people(especially family based I485 etc) whose applications are pending for more than 5 years and none of them ever filed a case based on processing delays.
Click to expand...


1. Immigration Services and Infrastructure Improvements Act of 2000 defines backlog as anything more than 6 months.
2. Number of EB cases adjudicated in 2003 will be less than quota available.

The above two mentioned facts can form the basis for class action law suit.
 
I think if you start suing BCIS on time frame, the only thing that they may come up with is remove the 365-540 days wording and just say that your application is accepted and will be processed without giving any timeframe.
 
Re: Re: Cole & Cinta

Originally posted by Edison
1. Immigration Services and Infrastructure Improvements Act of 2000 defines backlog as anything more than 6 months.
2. Number of EB cases adjudicated in 2003 will be less than quota available.
Click to expand...

On what grounds? I don't question that six months is a backlog, but just because something is delayed doesn't necessarily give grounds for a lawsuit. The fact that there are unused visa numbers doesn't mean anything either.

This case will fall apart on separation of powers. Immigration is handled by the executive branch, funded by the legislative branch. The judiciary can neither order the executive to work faster, nor can they order the legislature to appropriate more funds.
 
Re: Re: Re: Cole & Cinta

Originally posted by TheRealCanadian
On what grounds? I don't question that six months is a backlog, but just because something is delayed doesn't necessarily give grounds for a lawsuit. The fact that there are unused visa numbers doesn't mean anything either.

This case will fall apart on separation of powers. Immigration is handled by the executive branch, funded by the legislative branch. The judiciary can neither order the executive to work faster, nor can they order the legislature to appropriate more funds.
Click to expand...

But I believe Asylum applicants(?) won the class action lawsuit based on fact that the yearly quota was not used
 
I don't think they won the case. They only filed a suit. But we also might be able to file a suit if we have correct data about the available quota and actual approvals.
 
Originally posted by Tines
I am an Oct-2001 filer and have suffered too much. In a previous post (485 issues in Vermont Service Center > I am losing my brain) (computer guys please help to get the link to that thread, I don't know how to get the link), I talked about my weight loss and more servere sufferings I was under. For example, I often thought the red traffic light is green and the green is red.

Thank you guys for your important imputs. Followed that week I visited the doctor who referred me to another three doctors, all of whom say I am hurt by the 485 application waiting. Thus a 3-month-curing was suggested and is underway. On the basis of these, I contacted a couple of lawers this week, about IF VSC CAN BE SUED. Well, you know these things are always complicated, and only one is willing to take over the case. However, I am not sure if I want to hire her or not. So guys please help:

1. Any of you know about a better lawyer in NJ (or in the NY-NJ-CT) area?

2. VSC or BCIS?

3. For you guys whose majors are LAW, please imput your opinions about the feasibility.

Do not simply say "it is not possible". Give detailed reasons. Remember that anthrax guy, who Ashcraft said to be "of interest"? He filed his lawsuit recently against Ashcraft, per I was told this week. We could do anything within the reach of laws.
Click to expand...

Tines,

Instead of thinking of suing BCIS or VSC why cannot you take up your case with some local senators in your area. Tell them your situation and see if you can speed things up through them. I have seen a few of my friends approaching senators.

You may not achieve anything by suing BCIS.
 
Re: Cole & Cinta

Originally posted by dsatish
Your point is not convincing . Any one can file a suit. But not every one wins. There is absolutely no grounds for a suit here. If the points you are telling are correct, then there are millions of people(especially family based I485 etc) whose applications are pending for more than 5 years and none of them ever filed a case based on processing delays.
Click to expand...

dsatish,

there are a lot of suits ongoing or in the past, including family based, etc and on a statistical basis there were mostly wins or accomodated to the plaintiffs. The least they made BCIS to ACT, as in the refugge/asylum cases.
 
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