thomachan72
11-11 09:18 AM
Surprisingly no experts have so far come and posted the problems associated with taking the legal option. I am sure it will happen anytime soon and then this thread will quiten down (just like the F### in the wind as somebody mentioned). As far as I can remember this idea has been raised and discussed and downplayed many times. Dont aks me what the reasons for downplaying were but very soon (if the thread gets bumped up frequently) some "elders" will post the reason why this action is not suitable and will not yeild any results. So hold tight for that post to come.......
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qasleuth
05-26 05:16 PM
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
http://www.usborderpatrol.com/Border_Patrol608_2.htm
hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
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spicy_guy
07-12 05:46 PM
Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks
can it be done without the help of an attorney...????
Its YOUR application to USCIS. You don't need an attorney.
Go to USCIS and search for docs required.
can it be done without the help of an attorney...????
Its YOUR application to USCIS. You don't need an attorney.
Go to USCIS and search for docs required.
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needhelp!
11-25 06:25 PM
I got the same reply. Its standard when they send you your case number.
Here's my case Number: NRC2008065126
Here's my case Number: NRC2008065126
amsgc
02-04 10:08 AM
...
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gc_wow
02-14 09:50 PM
That is like Saudi King one fine day deciding he is not going to sell any more oil to US,if such is the case world economy halts.
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tapukakababa
07-18 12:21 PM
hi tapukakababa, the number is for the national customer service center but you mentioned you called the nebraska service center. so did u ask them to transfer to that service center or ???. i would like to talk to those guys and see what they did wityh my application. i guess we already had a painful ride and if it does not yield the right fruit then it really hurts us bad.
As "inthehole" mentioned, first a lady answered and asked me questions about the reason of calling..
then she asked some questions and asked which service center I applied to.. I said NSC and then she transferred me automatically.. so you can go ahead and call that number..
As "inthehole" mentioned, first a lady answered and asked me questions about the reason of calling..
then she asked some questions and asked which service center I applied to.. I said NSC and then she transferred me automatically.. so you can go ahead and call that number..
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bank_king2003
04-09 04:29 PM
Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.
You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.
if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.
if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
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nixstor
07-18 12:58 AM
Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.
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ivgclive
04-10 12:04 AM
Old wine tastes good. Does this VB tastes good to you?
Yes.
Why not.
VB is the only item that keeps many to survive for the next 30 days.
Green card applicants started losing hope and dying slowly for 15 days. Then they become like a phenix birds for next 15 days, hoping that something will be there in next VB.
This cycle will go for next several generations....
We should be proud that we are going to be in history.
In 2050 school kids in US will study about "how a several thousands stuipds spent their whole lives, waited for something that never happened"
Yes.
Why not.
VB is the only item that keeps many to survive for the next 30 days.
Green card applicants started losing hope and dying slowly for 15 days. Then they become like a phenix birds for next 15 days, hoping that something will be there in next VB.
This cycle will go for next several generations....
We should be proud that we are going to be in history.
In 2050 school kids in US will study about "how a several thousands stuipds spent their whole lives, waited for something that never happened"
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desi3933
02-11 01:57 PM
You rock dude!
Am I the only one to remember how visa numbers spill between FB and EB every other year? (or) Am I hallucinating?
Thanks so much for your kind words.
I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.
_________________
Not a legal advice.
Am I the only one to remember how visa numbers spill between FB and EB every other year? (or) Am I hallucinating?
Thanks so much for your kind words.
I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.
_________________
Not a legal advice.
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makemygc
07-05 12:34 PM
Just my $0.02:
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
I agree with you 100%. We are so much divided community, lets not create another factor to divide this community further in paid and non-paid members.
Core, if you see this thread is not part of yor agenda, please close this immediately. This is just dividing us further. Plzzzzzzzz.
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
I agree with you 100%. We are so much divided community, lets not create another factor to divide this community further in paid and non-paid members.
Core, if you see this thread is not part of yor agenda, please close this immediately. This is just dividing us further. Plzzzzzzzz.
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luckylavs
07-09 02:27 PM
any idea how long it will take for an outcome?
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tabletpc
12-20 04:24 PM
Prioritydate,
I din;t mean to be so funny as you have realzied from my response.
My comment was just on the other post.
Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!
As of your situation....based on what i know....you might be issued RFE..jsut be prepared for a right reason..if you have any.
I din;t mean to be so funny as you have realzied from my response.
My comment was just on the other post.
Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!
As of your situation....based on what i know....you might be issued RFE..jsut be prepared for a right reason..if you have any.
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Life2Live
07-13 03:29 PM
Please stop hurting messages..... No one can claim other people efforts for long.
All happened so far is the effort of all of us and everybody know about it. Why to get emotinal stop adding more messages to the topic that are not helping us. Please put a end and stop throwing messages now on this unless it is informative to us.
All happened so far is the effort of all of us and everybody know about it. Why to get emotinal stop adding more messages to the topic that are not helping us. Please put a end and stop throwing messages now on this unless it is informative to us.
more...
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ghost
08-12 07:26 AM
If there is a non-controversial immi. law change attempt I will donate $500. I will also bring my friends and the total may exceed $2000. We all willing to donate but only if we know that there is good chance of passing.
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
Hey Buddy,
recapture is not controversial and has nothing to do with economy...not sure where you got that from, recapture of EB numbers is what we are proposing - this will not take away any american jobs but only alleviate the wait times for folks like you and me. Also, we've to accept the fact that anything related to immigration will be controversial - there is no denying of it, unfortunately.
Coming to the donations, please don't donate in huge sums because you'll have huge expectations...I'd say start off in small steps - 6 USD per week for 6 months...I signed up for it and it took me 5 minutes and 150 USD for the next 6 months, not too bad right!
Thanks!
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
Hey Buddy,
recapture is not controversial and has nothing to do with economy...not sure where you got that from, recapture of EB numbers is what we are proposing - this will not take away any american jobs but only alleviate the wait times for folks like you and me. Also, we've to accept the fact that anything related to immigration will be controversial - there is no denying of it, unfortunately.
Coming to the donations, please don't donate in huge sums because you'll have huge expectations...I'd say start off in small steps - 6 USD per week for 6 months...I signed up for it and it took me 5 minutes and 150 USD for the next 6 months, not too bad right!
Thanks!
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praveenat11
09-24 12:48 PM
Hi,
I m in the process of filing for I-485
The problem is that i have my Date Of Birth Certificate in Telugu.
For filing of I-485 i need it in English so what is the solution for my problem.
I need to file my I-485 within 2 to 3 days.
I m in the process of filing for I-485
The problem is that i have my Date Of Birth Certificate in Telugu.
For filing of I-485 i need it in English so what is the solution for my problem.
I need to file my I-485 within 2 to 3 days.
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gc28262
04-11 02:07 PM
And you inferred this from EB3 Mexico becoming Unavailable in month of May.
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
dummgelauft
05-27 12:35 PM
Hi All, This could happen in a border state. Look, there is no need to get hyped up about this. It is my 12 year of living in a border state ( the northern border). First lived 12 miles frin the border, now about 75 miles. We have never faced this problem, neither has any one of at-least a few dozen people that I know.
Maybe the CBP had some specific information about a vehicle carrying some person(s) of interest to the US government or CBP, or some vehicle carrying contraband.
Anyways, my point is, there is simple solution to this issue. Make clear (colored, if possible)) photocopies of your and your family's passport front page, Visa page and I-94 cards and keep those in each of your vehicle's glovebox. I am sure, these along with a Driver's License will be enough to convince all but the stupidest CBP officer.
For those, who have EAD, carry it with you That simple.
Maybe the CBP had some specific information about a vehicle carrying some person(s) of interest to the US government or CBP, or some vehicle carrying contraband.
Anyways, my point is, there is simple solution to this issue. Make clear (colored, if possible)) photocopies of your and your family's passport front page, Visa page and I-94 cards and keep those in each of your vehicle's glovebox. I am sure, these along with a Driver's License will be enough to convince all but the stupidest CBP officer.
For those, who have EAD, carry it with you That simple.
Refugee_New
02-21 11:03 AM
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
This is what happend in my case. I converted my EB3 PD to EB2 PD.
My EB3 PD was 02/2002. LC Approved in Oct 2005. I-140 approved in 04/2006
I lost my job and joined another company. Applied PERM with MS degree. Got approved in Jan 2007. Then applied I-140 using PP, requesting to recapture older PD.
My I-140 was approved within 3 days without any trouble. Now my PD is 02/2002, EB2
So if you have a right reason then porting PD shouldn't be a problem.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
This is what happend in my case. I converted my EB3 PD to EB2 PD.
My EB3 PD was 02/2002. LC Approved in Oct 2005. I-140 approved in 04/2006
I lost my job and joined another company. Applied PERM with MS degree. Got approved in Jan 2007. Then applied I-140 using PP, requesting to recapture older PD.
My I-140 was approved within 3 days without any trouble. Now my PD is 02/2002, EB2
So if you have a right reason then porting PD shouldn't be a problem.
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