Should we file a class action lawsuit like Kaplan vs. Chertoff?

[Kaylara 814]

And so.. dont then.

What is up with the constant telling-off of others trying to think outside the box ?

This suggestion isn't outside the box. But it's also not going to go anywhere or get any significant attention, which means it's going to have no positive impact on the situation. Flat out, it won't work. You don't have any grounds to sue. You might be able to do a Writ of Mandamus, but the OP has only been waiting a month, it hasn't been long enough to do so.

You want to make a difference? Join the rest of us who have been working on this for months already. We are being concise, calm, and reasonable, but firm and focused. I do believe that we will get attention directly on our problem, and we will have some positive influence on the overall situation. We can't just go off all half-cocked and crazy. No one is going to listen to us and take us seriously if we're behaving like crazy people.

[I & B 273]

at one point every single person in this country had ancestors who were immigrants, and our significant others ARE immigrants. Your point just doesn't make any sense. We all feel for people who have waited months BEYOND the projected processing times, but as aaron said, nothing in immigration is a guarantee. No one ever said that anyone was ever going to get through X amount of months, USCIS can only project based on the amount of cases being processed. The OP also started another thread saying that it is the governments fault that he cannot consummate his marriage as much as he would like, that's just grasping at straws. No one in the government EVER told him that he can't travel to see his wife to spend as much time with her as he wants.

The so called "illegals" who people on this site accuse of being given priority over everyone else are children who were brought here illegally by their parents when they were under the age of 18 , children who didn't have a choice in the matter. The Dream Act is giving these children the opportunity to become legal in a country that for many of them, is the only country they have ever known. It isn't like they are being handed a green card and being sent on their way. They still have a process to go through, and it isn't an easy for them either. They are people with hopes and aspirations and feelings like you and I, they are no less important than us, in my opinion.

We all understood when marrying someone from another country that the process of bringing them here was going to take time. Some have had to wait longer than others, it is what it is. My husband is from a so called "T" country and was given AP after his interview. This is something we both knew was a possibility, it meant an extra 10 weeks of waiting for us. We were lucky it was only 10 weeks, there are many more who have waited much longer. Never for one moment did I ever think of coming here and complaining about the black hole of AP, we understood it was part of the process, a matter of national security, and what right would I have to complain after seeing the years people from Pakistan are having to wait. Given the state of terrorism in the world who am I to complain about the government wanting to protect it's citizens?

Just a few small technical points because there are a lot of misconceptions about this--the Dream Act isn't doing anything because the Dream Act was never passed. After the Dream Act was rejected by congress, DHS implemented the DACA program, which follows the contours of the Dream Act, on its own. And DACA does not give the recipients of its benefit an opportunity to become legal, really. It merely provides them with a two year deferment deportation proceedings along with temporary employment authorization for that period. They still have no legal route to adjust status after the two years lapse. Given that DACA was only implemented through executive branch policy and not through statue, it's not clear that it would survive the next White House or even comprehensive immigration reform, should that ever pass.

[palu 23]

What I would find so laughably absurd , if not so affected by it , is USCIS mandate of weeding out visa seekers who are "national security concerns" while having such porous borders. Who can argue that illegals are not security concerns , both economic and criminal ? The bizarre rational that only a government could devise.

[TBoneTX 45,537]

Thread moved from CR-1 Case Progress subforum to the USCIS Service Centers forum -- topic chiefly involves rates of processing and policy matters.

The reasoned points being made are pretty good; this is a repeated reminder to avoid bickering.

[jilliannep 13]

Hey, why not? It's certain that the case will be a loss, yes. But, if OP has the money to organize something like that, more power to him! It's not about winning the case, it's about getting attention. That's what the people who pushed for DACA and Dream did. They got a bunch of people together to make noise. They probably didn't have hopes of winning, but went on with it anyway.

The squeaky wheel gets the oil.

[Kaylara 814]

Hey, why not? It's certain that the case will be a loss, yes. But, if OP has the money to organize something like that, more power to him! It's not about winning the case, it's about getting attention. That's what the people who pushed for DACA and Dream did. They got a bunch of people together to make noise. They probably didn't have hopes of winning, but went on with it anyway.

The squeaky wheel gets the oil.

Again, you don't need to file a lawsuit to make noise. And we've been making noise for several months at this point. If we want attention, then we need to be contacting everyone possible to get our story out. I know that I have been.

[jilliannep 13]

Again, you don't need to file a lawsuit to make noise. And we've been making noise for several months at this point. If we want attention, then we need to be contacting everyone possible to get our story out. I know that I have been.

Kudos to you for trying to change your situation. However, that's just it, it's only your situation. OP suggests something that will bring the attention of the government to a whole group of people. And (not being rude at all) what you are doing the government will not take seriously because as far as they're concerned, you are just one person contacting the media and handing out flyers.

In order to fix a broken system, things need to be done on a mass scale. No historic change took place without the help of thousands of other disenfranchised people pooling together.

But, to me, any action is okay. So long as we aren't stagnant, we are doing something!

[Kaylara 814]

Kudos to you for trying to change your situation. However, that's just it, it's only your situation. OP suggests something that will bring the attention of the government to a whole group of people. And (not being rude at all) what you are doing the government will not take seriously because as far as they're concerned, you are just one person contacting the media and handing out flyers.

In order to fix a broken system, things need to be done on a mass scale. No historic change took place without the help of thousands of other disenfranchised people pooling together.

But, to me, any action is okay. So long as we aren't stagnant, we are doing something!

Yes, I've been working for my case specifically. But most of my attempts at fixing things have been aimed at the entire situation, and everyone involved in it. It's all fine and dandy if it helps my case. But I'm fairly sure that it's not going to benefit me too much, regardless of what kind of positive change is accomplished. I want to prevent other people from having to go through this in the future. And that has been what I've been working for. That my case still hasn't been approved, and so I am still working for it as well, is immaterial.

It's not just me, either. There are plenty of people on here, and family/friends of those people currently going through this that have been helping. Yes, I'm just one person. But I have a large social network. And they also have large social networks. Working together en masse, we can effect change.

[razspaz13 30]

am really enjoying reading this, glad to see it is being moderated

"you are just one person"........... in my lifetime I have seen just one person do amazing things! One of my favourite terms is in every CAN'T is a CAN, I started saying it about a year ago. Imagine if all the people on vj told their story of the wait, the hardship, the cost (not just financial but huge affect of family), the PAPERWORK, etc...

seems it doesn't discriminate at all, country of origin you all MUST WAIT.

I think most Americans, be it by birth or naturalization have NO CLUE on this whole process unless they know someone affected. For those that have worked by email phone call etc..good on you for staying on it. I wonder why has DCF closed or stopped in many locations? What is the overall budget for legal immigration vs defense spending? etc...

For those living in the US now, do any of the major newspapers or tv programs ever do anything? 20/20, fox news, new York times etc...(not saying a preference for any show or paper lol ha ha)

healthy debate without personal attack terrific stuff!

[casualsurfer 25]

This is one of those times when I feel like "only the law abiding citizen/person suffers" applies. I know that line of argument is used on 2nd Amendment debates (not going there), but seriously are snake heads and those smuggling people over the border going to care about applying to USCIS for status adjustment or extending their stay? And we've got millions of them here "illegally" and we're spending geometrically more of our tax money to identify, detain, process, and deport those people.

Whether or not I have the financial wherewithal to file a suit is irrelevant: the fact is someone filed a suit against USCIS, it became class action, and they were able to settle on some action from the USCIS which in itself is pretty incredible. I'm simply bringing the fact to light and asking some questions: is the current wait time of 9-10 months for I-130s to be adjudicated "reasonable"? If the government agency says "we should do it in 5 months" yet it's not done in 5 months but rather almost double that time frame, what consequence does that have on the agency? Is the USCIS answerable to the American people (citizen petitioners) or not? We are all paying for this in one way or another, and if this was a business, would you be willing to bend over and just take "You'll get yours when we get to it"? I'm sure the delay has impact to all of you in some way or another, and it's impacting my life in profoundly negative ways (not just the consummate part, yes yes I know now it's done only once, learn something new everyday).

Some have said I'm not the only one waiting and I should be patient and wait my turn, I'm really not OK with just accepting the extended wait like a sheep, and this is why I'm asking some questions. Regardless of ours and our spouses' backgrounds, we are a class of people that is being treated unequally vs. others at this point, is that a basis for a lawsuit? I don't know, but I like to hear your opinions. And who knows, maybe we'll come up with something that's viable, gets attention, and help the hundreds of thousands of other people who aren't on VJ to improve their wait time. If not, at least we had a lively and hopefully intelligent and worthwhile discussion.

[Kaylara 814]

Just to be clear, at some point in this process we were being given a processing time of 16.6 months. If they consider more than triple the stated goal to be acceptable, then they will have no problem with doubt it either. However, that is one of the points that we've been making repeatedly in our communications with the government and media.

[aaron2020 11,651]

Just to be clear, at some point in this process we were being given a processing time of 16.6 months. If they consider more than triple the stated goal to be acceptable, then they will have no problem with doubt it either. However, that is one of the points that we've been making repeatedly in our communications with the government and media.

It's a GOAL to get a case done in 5 months on AVERAGE. It's NOT A PROMISE OR GUARANTEE that the case would be adjudicated within 5 months. Average means that some cases can go faster and others slower.

[En-oh-eh-to now 147]

It's a GOAL to get a case done in 5 months on AVERAGE. It's NOT A PROMISE OR GUARANTEE that the case would be adjudicated within 5 months. Average means that some cases can go faster and others slower.

Kaylara compared the GOAL of 5 months on AVERAGE to the stated then 16 months AVERAGE. The point is that to triple the average time required to complete a task is a massive failure and embarrassment in any other industry. There is no debate here about the definition of the word "average".