Work permit

lajosefa

Registered Users (C)
Hi,

When I had applied for change of status (I485) I had also submitted an application for a work permit. That was several months ago. They are currently processing cases posterior to the date I had submitted my application, however I have never received my work permit, nor the situation changed according to hte information in the INS website. In a word, the work permit application has not been processed at all, though the $120 were promptly withdrawn from my bank account a couple of days after I mailed the applications!

I am at the same time applying for a green card via consular processing through my work, so I do not really insist on the work permit. I actuually will cancel that application for adjustement of status (it is through family) at some point.
I want to request a refund of the $120 I have also submitted along with the work permit application, just because it has never been processed. I will not request any refunsd for the I485, just because I am the one cancelling, and it is in process.

Will the INS refund me the money for the case they have not processed??
If they will not refund me (which I expect they will not actually), do you know of any lawsuit I can join regarding this issue? I guess they do this to many people, I mean, taking the money and never processing the case. That is fraud. And I want to sue them. But I guess it is better if I do it in a group. I am not naive. I just think that they just play with the situation of people who are not legally stable in the country, as such is the case of an immigrant awaiting for the INS decision on their cases. In the meantime, it costs thousands of dollars between applications fees plus attorney's fees, without actually receiving any service. That is a reason for suing any company, and I am really very annoyed by this situation since a while ago. I do not care if I remain or not in the country anymore really, I just want some justice.
Thanks for any insights you can give me.
 
Honestly, I do not think I want to sue for being inefficcient and having backlog. My point is that in some cases is nbacklog, as for instance my I-485 I certainly know it did go through teh process, only that it takes forever. But I received notices about having received the FBI report, based on my biometrics, and so forth.
My point is that some cases, such as my work permit application is not even b eing processed. They just throw it away and keep the money. I have not received any notice about the biometrics I have done for the work permit, for instance. And the work permit is supposed to take about 90 days. The fact that they are processing cases submitted this year already, when my case was submitted in October 2003, means my case has not even been processed and it is probably sleeping into some garbage basket somewhere in Chicago.
Hence, that is not backlog, that is intentional fraud. And I want to sue the INS (BCIS) for fraud.
Is there any specific lawsuit against BCIS you are aware of that is just for fraud?
I do not want to expedite processed, I do not want them to process anything anymore. I just want the money back for not having processed one case. I leave them the money of the case they are processing even though it is so inefficient I will never see the result.
Also, can a foreign government sue the INS for having mistreated another country's citizens?
And finally, is there anything in the United Nations related to violations to human rights (not civil rights, HUMAN rights), that can be used as a ground for a lawsuit against INS?
I am serious. I am thinking about starting to do this. If you know of an attorney firm or any non-profit organization that would start it, if no one did already, please let me know (for FRAUD/fraudulent activities/robbing people--literally crime, not for speeding out processes, which is an operational issue that can take forever to solve--I haven't got years of life ahead of me to get engaged on such a thing).
 
It's not fraud , it's just processing delay. These days everyone wait around 6 to 7 moths for EAD and AP. All these hardships are caused due to backlog of immigration benefits applications at CIS.

I'm not aware of any lawsuit against CIS for fraud. It's looks like you are more serious, so it's better to consult an immigration attorney like Rajiv Khanna. Are you sure your home country will support you, if yes the goverment of your home country should lobby with US like Mexico's Vicent Fox.
 
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