lawsuit against USCIS for delays

[Mohgli 0]

Folks,

I'm exploring the options to force some adjudication from USCIS. Has anyone succesfully pursued the Lawsuit option? What are the chances and is a lawyer necessary?

Cheers

M

[gogo 6]

you are still too early, I'm afraid.. even I am.. they say best to do lawsuit at 2 years time... minimum of 1 year.. so I'm going to wait for my minimum (April 2008) before I take legal action.. Since I got some new stuff about my app, I'll let my January 1, 2008 deadline go.. your I-130 / I-129F (they say) will still be under CURRENT PROCESSING TIMES.. they said that to me.. My priority date for I-129F is 6/11.. they say that is still within processing times.. =(

Edited December 28, 2007 by gogo

[SusieK 3]

you are still too early, I'm afraid.. even I am.. they say best to do lawsuit at 2 years time... minimum of 1 year.. so I'm going to wait for my minimum (April 2008) before I take legal action.. Since I got some new stuff about my app, I'll let my January 1, 2008 deadline go.. your I-130 / I-129F (they say) will still be under CURRENT PROCESSING TIMES.. they said that to me.. My priority date for I-129F is 6/11.. they say that is still within processing times.. =(

If in fact you wanted to go this route and you are not really within a timeframe to consider this option as GOGO said, there are many avenues to pursue, do they pan out, who knows. But you would want to look at a Class Action and yes on lawyer. Would be tort. OR ACLU but again, this is just a guess, did some research earlier and dont see any class actions pending against USCIS except for another area not common to our problems here.

But again Moh - not the time right now. Please be careful in pursuing this option, I totally sense your frustration and the backlog but again, it takes months and months to go this route and as we all know, fighting the government this way can be lengthy and have some negative results..

Keep on doing your emails to congressman and representatives every day if you have to or even to the White House the more that show these complaints after the first of year the more our voices are heard. One voice, two voices, three voices and so forth,,,,,,

Dont take my post wrong as you know I am pro active as I can be, but this is one avenue I would try to avoid until timeframe and hope should be nothing happening. Looking at your NOA1's they are there, and yes the NOA2's are being slow to come for all on the I130 route for sure, but what would you base this suit on...besides what we all know to be factual, they are screwed up royally.

Cheers hun and hold on

and yes I know that feeling but trying to be good for another six months

Susie

[Mohgli 0]

you are still too early, I'm afraid.. even I am.. they say best to do lawsuit at 2 years time... minimum of 1 year.. so I'm going to wait for my minimum (April 2008) before I take legal action.. Since I got some new stuff about my app, I'll let my January 1, 2008 deadline go.. your I-130 / I-129F (they say) will still be under CURRENT PROCESSING TIMES.. they said that to me.. My priority date for I-129F is 6/11.. they say that is still within processing times.. =(

If in fact you wanted to go this route and you are not really within a timeframe to consider this option as GOGO said, there are many avenues to pursue, do they pan out, who knows. But you would want to look at a Class Action and yes on lawyer. Would be tort. OR ACLU but again, this is just a guess, did some research earlier and dont see any class actions pending against USCIS except for another area not common to our problems here.

But again Moh - not the time right now. Please be careful in pursuing this option, I totally sense your frustration and the backlog but again, it takes months and months to go this route and as we all know, fighting the government this way can be lengthy and have some negative results..

Keep on doing your emails to congressman and representatives every day if you have to or even to the White House the more that show these complaints after the first of year the more our voices are heard. One voice, two voices, three voices and so forth,,,,,,

Dont take my post wrong as you know I am pro active as I can be, but this is one avenue I would try to avoid until timeframe and hope should be nothing happening. Looking at your NOA1's they are there, and yes the NOA2's are being slow to come for all on the I130 route for sure, but what would you base this suit on...besides what we all know to be factual, they are screwed up royally.

Cheers hun and hold on

and yes I know that feeling but trying to be good for another six months

Susie

yup big brother always seems to hold the upper hand. hopefully there would be some respite soon else who cares might venture to another country to live my life.

not gonna tie my life to this situation and then wonder at the end of it all whether was it worth it waiting this long when time is precious and life events are precious.

I personally wouldn't have even entered this stupid process and stayed back in India, if I were to know upfront of this 6 -12 month holdup. When I applied it would be an average worst case of 100 days to process I 130 and having stayed in northeast all my life was used to Vermont's dligent process v/s the 'piece of work' characters at California. the frustration is that it just reflects the future i.e. third world inefficiencies creeping slowly but surely into this great country.

well getting back to the point, was browsing the other immigration boards and came across the lawsuit option. I wanted to check my rights if I had any left here apart from paying Taxes.

thanks once again for adding your take and opinions but my personal feel is if you really have no other option but to stay on in US, then one should definitely explore remedial solution rather than relying on Fate.

[SusieK 3]

you are still too early, I'm afraid.. even I am.. they say best to do lawsuit at 2 years time... minimum of 1 year.. so I'm going to wait for my minimum (April 2008) before I take legal action.. Since I got some new stuff about my app, I'll let my January 1, 2008 deadline go.. your I-130 / I-129F (they say) will still be under CURRENT PROCESSING TIMES.. they said that to me.. My priority date for I-129F is 6/11.. they say that is still within processing times.. =(

If in fact you wanted to go this route and you are not really within a timeframe to consider this option as GOGO said, there are many avenues to pursue, do they pan out, who knows. But you would want to look at a Class Action and yes on lawyer. Would be tort. OR ACLU but again, this is just a guess, did some research earlier and dont see any class actions pending against USCIS except for another area not common to our problems here.

But again Moh - not the time right now. Please be careful in pursuing this option, I totally sense your frustration and the backlog but again, it takes months and months to go this route and as we all know, fighting the government this way can be lengthy and have some negative results..

Keep on doing your emails to congressman and representatives every day if you have to or even to the White House the more that show these complaints after the first of year the more our voices are heard. One voice, two voices, three voices and so forth,,,,,,

Dont take my post wrong as you know I am pro active as I can be, but this is one avenue I would try to avoid until timeframe and hope should be nothing happening. Looking at your NOA1's they are there, and yes the NOA2's are being slow to come for all on the I130 route for sure, but what would you base this suit on...besides what we all know to be factual, they are screwed up royally.

Cheers hun and hold on

and yes I know that feeling but trying to be good for another six months

Susie

yup big brother always seems to hold the upper hand. hopefully there would be some respite soon else who cares might venture to another country to live my life.

not gonna tie my life to this situation and then wonder at the end of it all whether was it worth it waiting this long when time is precious and life events are precious.

I personally wouldn't have even entered this stupid process and stayed back in India, if I were to know upfront of this 6 -12 month holdup. When I applied it would be an average worst case of 100 days to process I 130 and having stayed in northeast all my life was used to Vermont's dligent process v/s the 'piece of work' characters at California. the frustration is that it just reflects the future i.e. third world inefficiencies creeping slowly but surely into this great country.

well getting back to the point, was browsing the other immigration boards and came across the lawsuit option. I wanted to check my rights if I had any left here apart from paying Taxes.

thanks once again for adding your take and opinions but my personal feel is if you really have no other option but to stay on in US, then one should definitely explore remedial solution rather than relying on Fate.

and to have jury duty dont forget that goodie have it next week hope i get a case about illegal immigration ohhhhh......

[Kazan' Tiger 1]

Not trying to be unsympathetic to your situation, I'm just thinking what the fees would be raised to if someone did file a class action suit and won. The government sure wouldn't eat the loss.

[Mohgli 0]

Not trying to be unsympathetic to your situation, I'm just thinking what the fees would be raised to if someone did file a class action suit and won. The government sure wouldn't eat the loss.

the maximum rewards have been the adjudication of the case and reimbursement to the lawyers, I don't think its considered similar to civil malpractice

[mbdesousa 0]

i think you are jumping ahead of the gun.

you got your noa1 only 4 months ago. most of the people who filed this year waited six months and some even longer. that has happened because of doubled number of petitions. in july, if you looked at the processing time lines at uscis's website, it did say 'six months' for I-129F. we all hoped it would be sooner, but heh, they are within the time frame.

patience, patience and patience.

since 1997 this has become a slow and painful process. i think suing will do nothing, but waste your time and money. and you can get blackballed and not be able to immigrate in usa as a result of the lawsuit against the government. remember, you are a petitioner and they can decide to deny the petition. then what...careful

[emt103c 10]

The time it takes at the service center is the least of your worries! You've still got to go through the NVC AND the Consulate.

Have you looked into how long it's taking to get an interview these days!?!

[Mohgli 0]

The time it takes at the service center is the least of your worries! You've still got to go through the NVC AND the Consulate.

Have you looked into how long it's taking to get an interview these days!?!

Thanks folks for taking the time to share your thoughts.

Well luckily Indian US consulates are not has bad in scheduling interviews(1.5 - 2 months) but then again who knows what happens tomorrow. THe NVC as far as i have seen usually forwards the application within a day of receipt or a week.

its K3 so the rest of the ####### is supposed to happen in the USA i.e. actual GC.

right now the issue is to get on with a family life rather than wait and contemplate USCIS workings and improvements.

once again to reteriate my point: if i had known or even had a clue about the delays trust me i would be on the DCF board right now.

[Mohgli 0]

The time it takes at the service center is the least of your worries! You've still got to go through the NVC AND the Consulate.

Have you looked into how long it's taking to get an interview these days!?!

Thanks folks for taking the time to share your thoughts.

Well luckily Indian US consulates are not has bad in scheduling interviews(1.5 - 2 months) but then again who knows what happens tomorrow. THe NVC as far as i have seen usually forwards the application within a day of receipt or a week.

its K3 so the rest of the ####### is supposed to happen in the USA i.e. actual GC.

right now the issue is to get on with a family life rather than wait and contemplate USCIS workings and improvements.

once again to reteriate my point: if i had known or even had a clue about the delays trust me i would be on the DCF board right now.

well for one, i don't really feel one should feel as a second class citizen and take the bullet for the sake of living here

[christinejohn 0]

Hi Mohgli,

I don't understand what you meant in your last post.

My husband was born in the U.S. and served in the U.S. army for many many years.

He has no priority either and has to wait in line.

I don't think it's a matter of second class citizen here but just a matter of backlog.

I hope so anyways and I understand your frustrations, I have not seen my husband for 8 months and it's very hard.

Hang in there, like all of us.

[Mohgli 0]

Hi Mohgli,

I don't understand what you meant in your last post.

My husband was born in the U.S. and served in the U.S. army for many many years.

He has no priority either and has to wait in line.

I don't think it's a matter of second class citizen here but just a matter of backlog.

I hope so anyways and I understand your frustrations, I have not seen my husband for 8 months and it's very hard.

Hang in there, like all of us.

thanks

[AandLKC 1]

regardless of the backlog ... if you are a h-1 visa holder who married abroad you spouse for a H-4 visa status almost instantaneously ( 2 weeks) why can WE U.S CITIZENS bring our spouses that way (h-4) and do a AOS … it like a K3 …. But with K3 its still a 8 -12 month wait

[panamania79 2]

Folks,

I'm exploring the options to force some adjudication from USCIS. Has anyone succesfully pursued the Lawsuit option? What are the chances and is a lawyer necessary?

Cheers

M

Seriously,I have heard from attorneys believe it or not,that suing them is a waste of time and money.I understand your frustrations,but you are better off waiting.There is absolutely no way to make them move any faster.It does help,however to be persistant.Keep calling them and paying them visits like I do.