JazzByTheBay
12-13 05:53 PM
The Visa Lottery (which afaik has been discontinued... )???
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
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Openarms
07-28 01:46 PM
Where are the Attorney's responses on this thread??
Dakota Newfie
12-14 04:06 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
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_TrueFacts
09-03 11:25 PM
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
breddy2000,
Other than your unprecedented love for YSR there is nothing new in your postings and you are rambling on id's. How does it matter to you.
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
breddy2000,
Other than your unprecedented love for YSR there is nothing new in your postings and you are rambling on id's. How does it matter to you.
more...
boston_gc
06-27 09:44 AM
I also checked with my lawyer and made fool out of myself. Please, please please stop discussing this and concetrate on the real stuff.....
Better than this discussion, we should put our energies on the new CIR bill and see if and how can we benefit from that.
Better than this discussion, we should put our energies on the new CIR bill and see if and how can we benefit from that.
surabhi
07-17 11:45 AM
Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?
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rajsenthil
09-04 12:12 PM
He is a religious fanatic. Nothing to do with corruption. PERIOD.
Yup, it is a religious fanatic. Also it must be an insider.
I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.
_TrueFact, can you post my full name?
Yup, it is a religious fanatic. Also it must be an insider.
I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.
_TrueFact, can you post my full name?
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samay
07-29 10:36 AM
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
more...
grupak
12-13 01:40 PM
"Fairness or not is not the issue. Question is can it be challenged in a court? "
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
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snathan
03-27 12:01 PM
You really think so?? The next PMs name is not even on your poll lists!!
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
more...
Lasantha
02-13 12:00 PM
LOL - Which side are you on though? There are two schools of thought in this thread. :cool:
I am also with you guys.
Tinku:rolleyes:
I am also with you guys.
Tinku:rolleyes:
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vbkris77
05-29 11:14 AM
So when there is less demand, they screwed us by not processing on-time and when there is more demand, they are processing ROW fast to give them more visas, so there won't be any spill-over. What a convenient system????
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
more...
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sugaur
05-31 12:58 AM
With Bush and McCain CIR there was atleast a chance for some relief for legal immigrants. Democrats are all like used car salesmen. I wont be surprised if they pass legislation to appease the hispanic community while leaving us high and dry.
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longq
02-14 12:50 PM
The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
more...
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NNReddy
09-03 06:06 PM
It's a sad day indeed for India(and AP in particular) to loose a dynamic leader with a vision. Go to every village in Andhra and ask them are they better off now compared to six years ago. YSR did a lot to AP, would have done much more if he lived.
He made money, most of it legally, by establishing companies and getting contracts and positioning them for growth. Everyone had opportunity to do it. He also did a lot for poor people. Show me any other politician in india who had the vision or energy YSR has. Now that he died, it's really sad that we come up with so many things against him.
Look at US media/people, kennedy died last week, did they say everything he got was because he was born as kennedy, he is indeed born into the family and family choose him as a senator when JFK became president. he became senator because of his birth, but he did lot of good, fought for health care, immigration and against war.
It's not how you got the opportunity, but what you did with opportunity. YSR was born in middle class family, he climbed the ladder thru hard work. kennedy was born into wealth/privileage, he used it to further liberty. Yeah, both of them were not perfect, but the good they did outbalances the bad they did. What about all of us, what are we doing, just working in non-descript jobs, are we contributing anything to mankind(apart from our family) or nature?
He made money, most of it legally, by establishing companies and getting contracts and positioning them for growth. Everyone had opportunity to do it. He also did a lot for poor people. Show me any other politician in india who had the vision or energy YSR has. Now that he died, it's really sad that we come up with so many things against him.
Look at US media/people, kennedy died last week, did they say everything he got was because he was born as kennedy, he is indeed born into the family and family choose him as a senator when JFK became president. he became senator because of his birth, but he did lot of good, fought for health care, immigration and against war.
It's not how you got the opportunity, but what you did with opportunity. YSR was born in middle class family, he climbed the ladder thru hard work. kennedy was born into wealth/privileage, he used it to further liberty. Yeah, both of them were not perfect, but the good they did outbalances the bad they did. What about all of us, what are we doing, just working in non-descript jobs, are we contributing anything to mankind(apart from our family) or nature?
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Kodi
05-12 02:09 PM
It is true that tamilians have high respect for their culture and identity so as everyone in the world. Even now the jews practice their culture and language here, are they getting discriminated for doing that? The problem arises when anyone is discriminated for some reasons.
Tamils in SL were not emigrated they were there for past 2000 years or so.
Just like the jews, tamils practice their culture and language in sri lanka without been discriminated. You don't see Jews armed with weapons asking for part of USA for themselves.
Tamils in SL were not emigrated they were there for past 2000 years or so.
Just like the jews, tamils practice their culture and language in sri lanka without been discriminated. You don't see Jews armed with weapons asking for part of USA for themselves.
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paskal
02-14 08:23 PM
http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms
The Supreme court has the right to strike down laws effecting people
my friend you really need to dig deeper into stuff...most things are more than meets the eye. courts are very reluctant to strike down laws. the supreme court will strike down a federal law ONLY if it's against the constitution itself...ie there has to be a fundamental problem. this is true both in the US and in India.
the fact that a law inconveniences people is just not enough ground.
The Supreme court has the right to strike down laws effecting people
my friend you really need to dig deeper into stuff...most things are more than meets the eye. courts are very reluctant to strike down laws. the supreme court will strike down a federal law ONLY if it's against the constitution itself...ie there has to be a fundamental problem. this is true both in the US and in India.
the fact that a law inconveniences people is just not enough ground.
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DallasBlue
07-03 07:52 PM
primetime@abcnews.go.com; 2020@abcnews.go.com thisweek@abcnews.go.com ; nightline@abcnews.go.com ; tmoran@abcnews.go.com ; 60m@cbsnews.com ; arooney@cbsnews.com
just now sent emails to the above, Request you all to do the same to bring their attention.
just now sent emails to the above, Request you all to do the same to bring their attention.
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jsb
06-03 04:24 PM
All that is too complicated and it shows nothing except that USCIS is incompetent.
But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
villamonte6100
02-18 11:17 AM
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
Dalai Lama
01-24 01:14 PM
He must had already saved lot of money in India, he will live like a king after 20 months.
He should get 20 years of prison.
Dalai lama from Tibbet
He should get 20 years of prison.
Dalai lama from Tibbet
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