lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
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pmpforgc
03-05 09:58 PM
Entire world is turning up against immigration. It is beyond individual/group control to lobby for changes in that area.
It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.
But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.
So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.
I agree fully with you.
in our home country we have hard time to walk in cities because of exploding population.
Hard to get clean water, air, milk and everything else
Education system is detoriating day by day because of privatization, private institutions only look for profit and dont care mostly for their students. Fortunately they have billion people to get customers. Our engineers are mostly unemployable
Property values are rising to extreme level beyond affordability of common man. Poverty rate is increasing day by day. Agriculture is detoriating and we are not a manufactuting masters. Our engineers are getting poor in quality day by day and scientist get frustated every day because of injust system so try to migrate every where else. We can never survive as country creating softwares or answering calls for long time. It might serve us for short period.
Morality. Corruption, attitude of peoples and so-called social net work (which is even more selfish then US) are even hard to compare with other countries where relations and systems are more open and frank. In our home country on surface every thing looks good but if you try to look below it is hard to say how supefecious it is.
so in short if we are hear only because we wanted GC, then we should leave in next flight to home. But if you have seen any other advantages of being here then hangin, GC will come. Dont wait for GC every day, just live your life and enjoy it to full extent.
It is on the threshold of the time. Right now we as individuals still can make a decision to continue to be in US and wait it out or go back to our home country.
But if this trend continues, I am afraid, some new law will make that decision for us to send us all back. It is just around the corner. Worst part is we can't do a thing about that.
So want to blame anyone, blame your politicians of your native country for creating such a mess that people wanted to move to a different country.
I agree fully with you.
in our home country we have hard time to walk in cities because of exploding population.
Hard to get clean water, air, milk and everything else
Education system is detoriating day by day because of privatization, private institutions only look for profit and dont care mostly for their students. Fortunately they have billion people to get customers. Our engineers are mostly unemployable
Property values are rising to extreme level beyond affordability of common man. Poverty rate is increasing day by day. Agriculture is detoriating and we are not a manufactuting masters. Our engineers are getting poor in quality day by day and scientist get frustated every day because of injust system so try to migrate every where else. We can never survive as country creating softwares or answering calls for long time. It might serve us for short period.
Morality. Corruption, attitude of peoples and so-called social net work (which is even more selfish then US) are even hard to compare with other countries where relations and systems are more open and frank. In our home country on surface every thing looks good but if you try to look below it is hard to say how supefecious it is.
so in short if we are hear only because we wanted GC, then we should leave in next flight to home. But if you have seen any other advantages of being here then hangin, GC will come. Dont wait for GC every day, just live your life and enjoy it to full extent.
EndRetro
03-08 01:42 PM
Thanks for the real time updates. Please keep on doing it...
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needhelp!
09-11 11:27 AM
coopheal,
Thank you for you generosity!
Thank you for you generosity!
more...
sands_14
01-06 12:58 PM
I e-filed for AP?
I have been asked to send ADIT photographs not computer photographs?
Anybody knows what ADIT means???
I am confused...
Please advise.
I just read that ADIT photographs used to be the norm till 2004,is it changing again from passport style photos to ADIT?The RFE I received for my AP clearly asking for ADIT photographs.Now where do I get these ADIT photographs???Any ideas.URGENT Please.
I have been asked to send ADIT photographs not computer photographs?
Anybody knows what ADIT means???
I am confused...
Please advise.
I just read that ADIT photographs used to be the norm till 2004,is it changing again from passport style photos to ADIT?The RFE I received for my AP clearly asking for ADIT photographs.Now where do I get these ADIT photographs???Any ideas.URGENT Please.
gc_dream07
03-04 01:26 PM
I had soft LUDS 2 weeks ago. I do not know if it means anything.
more...
GCwaitforever
06-30 01:30 PM
Got my LC approved June 05 2006.
Took only (!) 4 years from first application...
DOL recevied: Dec 5, 2002.
Got my 45 day letter in Feb 2005.
EB3-RIR
Filed in Philly DOL.
3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...
Congratulations and good luck with remaining stages in GC. Believe me, we need lots of luck not to get stuck in other stages. I am still waiting ever since filing labor petition in November 2001.
Took only (!) 4 years from first application...
DOL recevied: Dec 5, 2002.
Got my 45 day letter in Feb 2005.
EB3-RIR
Filed in Philly DOL.
3 others from the same company got theirs LC approved 2.5 years ago and 2 of them have their green card since a year ago. And Im the only one with a US masters degree. Great system...
Congratulations and good luck with remaining stages in GC. Believe me, we need lots of luck not to get stuck in other stages. I am still waiting ever since filing labor petition in November 2001.
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amitkhare77
11-09 08:18 AM
Yes I think so too. specially I am EB3 India Dec 06, who know I will be current next July-Aug-Sept. hopefully this is the last EAD renewal (valid Sept until 2012)
Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!
Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!
more...
ilwaiting
04-25 11:33 AM
Guys,
As long as the legal immigration is part of a illegal immigration reform bill. Its hard to push these "brilliant ideas" before congress or USCIS. Its very unfortunate that Congress doesn't distinguish between legal and illegal immigration.
All are talking about "Comprehensive immigration reform"
but just think, what is really happening in terms of "comprehensiveness" for Legal immigrants? recapture old visa numbers to clear backlogs thats it? Would the multi teir very complex legal immigration process getting any better? Why should a person wait for a PD to become current for 4+ years when DOL(labor Dept certified that there is a requirement for the job?).
Why are we calling it "comprehensive" then? give some thought about it.
Thanks
As long as the legal immigration is part of a illegal immigration reform bill. Its hard to push these "brilliant ideas" before congress or USCIS. Its very unfortunate that Congress doesn't distinguish between legal and illegal immigration.
All are talking about "Comprehensive immigration reform"
but just think, what is really happening in terms of "comprehensiveness" for Legal immigrants? recapture old visa numbers to clear backlogs thats it? Would the multi teir very complex legal immigration process getting any better? Why should a person wait for a PD to become current for 4+ years when DOL(labor Dept certified that there is a requirement for the job?).
Why are we calling it "comprehensive" then? give some thought about it.
Thanks
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wandmaker
05-22 06:02 PM
I have made a one time contribution of $100.
Thank you! Go IVans Go!!
Thank you! Go IVans Go!!
more...
ivgclive
12-11 02:55 PM
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
May be they approve loan for only people who run away and screw up economy.
Try with a different bank.
There are many who bought home with H1B visa.
My street has 3 people who are in H1B (not even 140 approved) and great homes.
could anybody please tell me what to do now?
thank you:(
May be they approve loan for only people who run away and screw up economy.
Try with a different bank.
There are many who bought home with H1B visa.
My street has 3 people who are in H1B (not even 140 approved) and great homes.
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Libra
09-10 10:02 PM
thank you guys for contributions, so far membes pledged as per this thread is 10750, it's my count on this thread. we need 19k+ more.
$200 contributed towards the rally!
Google order #871308376702563
how short are we from 30k?.
$200 contributed towards the rally!
Google order #871308376702563
how short are we from 30k?.
more...
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cheg
07-21 05:23 PM
count me in...i live in Murrieta, CA.:)
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saimrathi
06-08 04:05 PM
If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.
Thanks for the insight. Will opt for PP.
Thanks for the insight. Will opt for PP.
more...
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desi485
11-26 01:19 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
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nave_kum
07-22 02:40 PM
There's no logic whatsoever in these calculations. Somebody is spending unnecessary time in his room to come up with such analogies.
First of all, all of this is sheer assumptions. Secondly...oh forget it who cares...why waste OUR time on this blog at all?
Guyz...all I can say is...v have opened USCIS' eyes and they're determined to improve the process. Things will start happening ...Just wait N watch. Go watch a movie or something!!!
P.S: Patience Pays....Always!!!:)
First of all, all of this is sheer assumptions. Secondly...oh forget it who cares...why waste OUR time on this blog at all?
Guyz...all I can say is...v have opened USCIS' eyes and they're determined to improve the process. Things will start happening ...Just wait N watch. Go watch a movie or something!!!
P.S: Patience Pays....Always!!!:)
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Jimi_Hendrix
11-30 01:10 AM
Day: Thursday, November 30,2006
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
All new members including Thiru please dial in to the conference. Also new members please forward me your e-mail address at amitg_2000@hotmail.com
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
All new members including Thiru please dial in to the conference. Also new members please forward me your e-mail address at amitg_2000@hotmail.com
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snathan
02-13 10:38 PM
What are you waiting for
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
I am still waiting to see your contribution. Do you need any help to write the check.
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.
Are you just another junk in IV...?
You are being mean to me and untrustworthy. I have no time for kids.
i dont need to be trustworthy for ur million $$$...you are just another junk for IV
A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
I dont have time for stingy junks...get lost in to
Vacuum
So what ?????????????
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
Quote:
Originally Posted by unseenguy
Quote:
Originally Posted by snathan
I am still waiting to see your contribution. Do you need any help to write the check.
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
It shows what kind of person you are...when did you contributed more than $500. It seems like you are new here with only 14 posts. And why did you promise 'I will'.
Are you just another junk in IV...?
You are being mean to me and untrustworthy. I have no time for kids.
i dont need to be trustworthy for ur million $$$...you are just another junk for IV
A kid does not need to tell me my worth. I know it better than you do. I have lived more than you have and I like IVs mission and agenda but I dont like people who label others as junk when they are not contributing more. This represents selfish attitude. First you contribute $500 like I have done and then tell me to contribute more. Otherwise just lie down peacefully.
I dont have time for stingy junks...get lost in to
Vacuum
So what ?????????????
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ronhira
07-06 02:19 AM
Let's focus on stratergy and plan. People will pay if they see viablity. Let's do something and funding will follow
what is "something" you want to do?
wwbd? what would bawa do?
what is "something" you want to do?
wwbd? what would bawa do?
Caliber
03-03 03:51 PM
But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves. Saburi
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
I understand your pain Saburi. With a PD of Oct 02 itself, I feel being tortured, depressed. When Obama came, I had some hope. But now, no more hopes...
ragz4u
03-08 02:05 PM
He has asked the absent senators via staffers that if they do not want to come to hearings, they can leave this committee and let others take their place. Apparently they need atleast one democrat to proceed.
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us