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

[casualsurfer 25]

http://www.uscis.gov/laws/legal-settlement-notices/notice-settlement-agreement-class-action-non-citizens-who-have-received-or-are-receiving-supplemental-security-income-ssi-kaplan-v-chertoff

It looks like a lawsuit may be the only way to get their attention.

[quitepainful 56]

your NOA1 is less than a month...! right now you are looking at less of a wait than the feb filers!!!! easy tiger...

[JA_Martinez 81]

I wouldnt rock the boat!

[aaron2020 11,651]

Seriously. You filed the I-130 on 11/19/2013. It's 12/13/2013. Less than a month and you want to file a class action. What would your basis be for a lawsuit?

http://www.visajourney.com/forums/topic/470390-can-i-sue-uscis-if-they-caused-my-marriage-to-fail/

You are overreacting by A LOT. Be patience and stop with this suing the government after 3 weeks of filing your I-130.

You seriously need to educate yourself on how long the process takes and what the financial requirements are.

Good luck finding a lawyer to file a class action based on your facts.

[aditya3245 113]

I think those of us who have been waiting for (not me) at least 8 months deserve better then federal lying and whitewashing. His sentiment comes from seeing the endless wait the american citizens are having to go through while illegals, who, in any other country would never see a chance at gaining passports get priority processing.

Nice to see everybody complain about the one person trying to fix the problem.

I guess you guys believe the bullcrap about May 2014 showing a 5 month processing time as well.

[aaron2020 11,651]

I think those of us who have been waiting for (not me) at least 8 months deserve better then federal lying and whitewashing. His sentiment comes from seeing the endless wait the american citizens are having to go through while illegals, who, in any other country would never see a chance at gaining passports get priority processing.

Nice to see everybody complain about the one person trying to fix the problem.

I guess you guys believe the bullcrap about May 2014 showing a 5 month processing time as well.

Go ahead and join the OP in his class action lawsuit.

What lying has the government done? Average time is just that. It is not a promise or legal requirement to process every case within that time. It's a government goal, not a law.

What does illegal immigration have to do with this? Nothing. Whether an illegal is here or not has nothing to do with how fast your spousal petition gets handled.

Furthermore, no one is "complaining about the one person trying to fix the problem." He is being warned that his efforts are not meaningful when he filed his I-130 about 3 weeks ago and he is already peeved that his wife is not here.

Edited December 13, 2013 by aaron2020

[casualsurfer 25]

Seriously. You filed the I-130 on 11/19/2013. It's 12/13/2013. Less than a month and you want to file a class action. What would your basis be for a lawsuit?

http://www.visajourney.com/forums/topic/470390-can-i-sue-uscis-if-they-caused-my-marriage-to-fail/

You are overreacting by A LOT. Be patience and stop with this suing the government after 3 weeks of filing your I-130.

You seriously need to educate yourself on how long the process takes and what the financial requirements are.

Good luck finding a lawyer to file a class action based on your facts.

Just trying to see what options are out there.

If your government tells you something akin to: before you can be together with your spouse (regardless of their citizenship), you need to be separated for a year, how would you react? "Uh...ok..." or "wait a minute, that doesn't make a lot of sense" and seek remediation and solution.

Not saying this will happen, but I'm certain I'm not the only one seeing incompetence at USCIS. Is that a basis for lawsuit? Probably not, but this is a public forum for floating ideas and questions, right?

[Hotter Otter 1,211]

Go ahead and join the OP in his class action lawsuit.

What lying has the government done? Average time is just that. It is not a promise or legal requirement to process every case within that time. It's a government goal, not a law.

What does illegal immigration have to do with this? Nothing. Whether an illegal is here or not has nothing to do with how fast your spousal petition gets handled.

Furthermore, no one is "complaining about the one person trying to fix the problem." He is being warned that his efforts are not meaningful when he filed his I-130 about 3 weeks ago and he is already peeved that his wife is not here.

Well actually USCIS appears to be manipulating the processing times that they are providing so that filers can't open service requests. Some would class that as lying.

I do agree with you about the OP though.

[aditya3245 113]

So you actually believe that two months ago, CIS magically pushed out the current priority date from October 2012 to February 2013 ?

Actually what an illegal does has a great big deal of influence on the priorities of the volume being handled by federal immigration officials. Adjudicators share their time amongst different kinds of CIS "product lines" at service centers.

http://immigrationroad.com/blog/is-daca-linked-to-uscis-i-130-processing-delays/

Read and research about this stuff being coming out here and lashing out at us.

For the record, I have been a LPR in the US before and I can assure you that I paid more in taxes- income, property and corporate taxes than the average american for 5 straight years - not to wait behind some border jumping tween with a gym certificate.

Last but not the least, you/your spouse are no more american than me or my spouse.

So please keep your warnings to yourself aaron0020

Edited December 13, 2013 by aditya3245

[aaron2020 11,651]

Just trying to see what options are out there.

If your government tells you something akin to: before you can be together with your spouse (regardless of their citizenship), you need to be separated for a year, how would you react? "Uh...ok..." or "wait a minute, that doesn't make a lot of sense" and seek remediation and solution.

Not saying this will happen, but I'm certain I'm not the only one seeing incompetence at USCIS. Is that a basis for lawsuit? Probably not, but this is a public forum for floating ideas and questions, right?

Before my brother brought his wife to the US, we knew the process would take up to a year. It makes perfect sense to me.

All potential immigrants who can eventually gain US citizenship should be scrutinized before being allowed into the US. The US government is concern about fraud and national security.

The process takes a long time because there are million of cases and some people are dangerous to let into the US for one reason or another. I understand that there will be a background check. I understand the limits when there are millions of cases that needs to be handled.

Lets take your position that all foreign spouses of US citizens should be allowed in after 3 weeks of filing the I-130. Now, lets have some US citizens marry some 9/11 type of guys. So, should we let those guys in immediately without a background check?

I am not against this being a public forum for floating ideas and questions. However, there are good ideas and bad ideas. Just letting you know that this is a bad idea and a non-starter.

You can do whatever you want. Go ahead and file the class action lawsuit. Good luck with finding an attorney to help you on such a frivolous case.

Edited December 13, 2013 by aaron2020

[aaron2020 11,651]

Last but not the least, you/your spouse are no more american than me or my spouse.

So please keep your warnings to yourself aaron0020

Did I say that I was more American than you or your spouse? No.

Keep my warning to myself? Who are you to tell me that? Are you more American than me that you can do this?

Oh by the way, you being an LPR does not make you a US citizen does it?

Oh by the way, I have paid far more in taxes than you ever have so hush with how much taxes you have paid. It's irrelevant.

[casualsurfer 25]

Sheesh guys, some of you are really uptight.

Fact: class action lawsuits were filed

Fact: USCIS has manipulated data

Let's not get into personal attacks. If you feel it's a bad idea, like many of you have voiced (some more vociferous than others), I respect that. I manage a team and to be honest it's good practice for management to stir things up a bit once in a while and evaluate reactions - sometimes it takes an extreme idea to get thinking outside the box, no?

I'm just not the kind of person who take things lying down (well, maybe if my wife tells me too ), and that's why I'm using the "search" function to read previous members' experience and also posting some thoughts to see comments and reactions, that's all. Yeah, I just filed the I-130, so what? I'm less of a petitioner because I've only waited a month vs. some folks here who have waited 9 months? Your spouse/immediate relative is as important to you as my wife is to me, so we are all in the same boat but with different seats.

[Kaylara 814]

I've been waiting about 9 months for my I130 approval. I expected that it would take about 8-9 months from the beginning to the end of the process based on all information available when I sent in my application. I'm not going to make light of your situation, because being separated from your spouse sucks no matter how long it's been. But I don't think that the particular lawsuit that you mentioned had anything regarding anything similar to our situation. There were a lot of other factors involved there, and that may or may not be relevant to the USCIS, but did have to do with how the delay in processing the AOS petition was effecting other government related programs in relation to the AOS petitioners.

I just don't think that at this time a class action lawsuit would go anywhere. Despite the ridiculous gaming of numbers that the USCIS has been applying, there is not enough proof of maleficence as far as I can see.

We have other channels open to us, and we should utilize them to the fullest extent possible. I think that any of those options will be better received and have more chance of a positive outcome than a lawsuit.

[casualsurfer 25]

I've been waiting about 9 months for my I130 approval. I expected that it would take about 8-9 months from the beginning to the end of the process based on all information available when I sent in my application. I'm not going to make light of your situation, because being separated from your spouse sucks no matter how long it's been. But I don't think that the particular lawsuit that you mentioned had anything regarding anything similar to our situation. There were a lot of other factors involved there, and that may or may not be relevant to the USCIS, but did have to do with how the delay in processing the AOS petition was effecting other government related programs in relation to the AOS petitioners.

I just don't think that at this time a class action lawsuit would go anywhere. Despite the ridiculous gaming of numbers that the USCIS has been applying, there is not enough proof of maleficence as far as I can see.

We have other channels open to us, and we should utilize them to the fullest extent possible. I think that any of those options will be better received and have more chance of a positive outcome than a lawsuit.

Great response. Thank you.

[anuspras 65]

aaron2020, Pl. fill your Time Line first. What is your PD? and your file has been transfered ?