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  #1 (permalink)  
Old 01-09-2006, 02:36 PM
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sobers is on a distinguished road
Exclamation Class Action Lawsuit for EB Immigrants - Another Peter Schey Success Story?

Friends,

Like you all I'm hoping for some good news to come out of the Spring Immigration Season. Hopefully meaures to recapture EB visas and exempt spouses/dependents will be passed because they certainly makes economic sense to both Immigrants and to America. But in an election year things may not progress as they should especially with anti-immigrant sentiment on the rise (according to a variety of recent polls).

We are on much surer ground in terms of legal ground: So one another step we could undertake is a Class Action Lawsuit on recapturing the 100,000+ unused EB visa numbers that have been lost because of the INS/USCIS inefficiencies. In many ways this will be similar to Rajiv Khanna's earlier attempt, but with a much better, most feared immigration advocate - PETER SCHEY - a guy who has a history of successful class action lawsuits against the INS. If we make legal headway with our claim, it will also put pressure on Congressman on the validity of EB number recapture and increase in the forthcoming spring session.

If this guy can bring so much success for ILLEGALS, imagine what he could potentially do for hardworking, law-abiding, educated LEGAL immigrants like ourselves who are suffering for no cause other than bureaucratic inefficiency!!

Immigrationvoice.org moderators/members what do you think? Let's get an appointment with this guy, shall we??

========================
Peter Schey bio:
http://centerforhumanrights.org/staff/

Also see how Peter's past successes stroke fear in the heart of immigration-restrictionists:
http://www.americanpatrol.com/REFERE...derBuster.html

"One of the nation's preeminent immigration attorneys, Schey has helped more than 1 million illegal immigrants become American citizens. He was one of the first lawyers in the country to bring class-action lawsuits against the Immigration and Naturalization Service on behalf of illegals. He successfully led the fight against Proposition 187, a 1994 ballot measure that would have denied government benefits such as healthcare and education to undocumented residents of California. Schey also won the landmark 1982 Plyler v. Doe case before the U.S. Supreme Court, which allowed illegal immigrant children to attend public schools. Currently, he's representing more than 300,000 immigrants who were shut out of the 1986 federal amnesty program after they briefly traveled abroad. In April, the U.S. 9th Circuit Court of Appeals in San Francisco ruled that at least 50,000 of Schey's clients in the case should be legalized. (He'll continue to battle the INS on behalf of the other 250,000 undocumented residents denied amnesty.)"

"Schey is part of the reason that the multicultural faces of Los Angeles and other big cities around the country look the way they do. He was one of two attorneys who helped win political asylum for 30,000 Salvadorans who fled the U.S.-sponsored war in their country in 1982. In another class-action case, he forced the INS to reverse its policy of denying political asylum to Haitian refugees. He eventually won the right for more than 5,000 Haitians to permanently reside in the U.S. Through a petition he filed with the Organization of American States in the '90s, Schey forced the U.S. government to stop automatically returning Haitian boat people apprehended at sea before they had a chance to petition for asylum in the U.S."

"Because of Schey's negotiations with the State Department, Jean-Bertrand Aristide, Haiti's first democratically elected president, who was ousted in a military coup, returned to power in 1994."


===========================================

Last edited by sobers; 01-09-2006 at 02:44 PM.
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  #2 (permalink)  
Old 01-09-2006, 07:06 PM
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Sobers

Peter Schey is brilliant to say the least. If he agrees to take this up, then Numbers USA and FAIR will be very upset
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Old 01-10-2006, 01:34 PM
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If you can schedule a conference call with the man, let me know Iand will be there. I also could donate money for this.

Quote:
Originally Posted by bluekayal
Sobers

Peter Schey is brilliant to say the least. If he agrees to take this up, then Numbers USA and FAIR will be very upset
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Old 01-10-2006, 03:00 PM
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Good find Sobers. I think we should pursue this option if we're not able to get the laws changes through legislative means.
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Old 01-10-2006, 06:17 PM
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This seems like another battle for another day.

Lets give the legislative process a real good shot. If and when we hit the wall, then explore legal options
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Old 01-10-2006, 06:25 PM
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Well, I think we already hit the wall many times by now. If there is a legal venue to explore, why not do it simultaneously ? As far as money goes, if I understand correctly a good lawyer would charge an initial consultation to assess the situation, what should not be all that expensive. Why not ? If we wait to hit the wall again and we may end up crashing for good.

Quote:
Originally Posted by eb_retrogession
This seems like another battle for another day.

Lets give the legislative process a real good shot. If and when we hit the wall, then explore legal options
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  #7 (permalink)  
Old 01-10-2006, 06:31 PM
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Compatriots,

See the following from ILW. I suggest we pursue a simultaneous conversation with Peter Schey.

----------
Immigration Daily
August 16, 2005
Letter From Peter Schey
Today's Immigration Daily carries a letter to the Editor from Peter Schey, a legendary litigator, credited with the LULAC and CSS settlements. As President & Executive Director of the Center for Human Rights and Constitutional Law, Mr. Schey and the Center for Human Rights has engaged in major impact litigation. A portion of the proceeds from this work has been earmarked for pro bono litigation. Mr. Schey in today's letter offers assistance and help in "investigat[ing] potential litigation regarding the setting or reaching of the H-1B cap". Those interested in contacting Peter Schey can do so by visiting http://www.peterschey.com or http://centerforhumanrights.org.
We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

Dear Editor:
We would be happy to investigate potential litigation regarding the setting or reaching of the H-1B cap if there are any practitioners out there with any ideas about anything the Government has done wrong in the process of deciding that the H-1B FY 2006 cap has been reached (or the DOS's bleak EB visa forecast) (8/15/05 ID comment).
Peter A. Schey, Esq.
Los Angeles, CA
------
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  #8 (permalink)  
Old 01-10-2006, 06:46 PM
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Default nothing wrong in talking with Peter

It seems we have another individual with certain influence. Atleast we should talk to him about the current situation.
Moderators, can you please talk to this guy? see what he has got for our case.
I believe we lose nothing by talking and sharing some information

Quote:
Originally Posted by bluekayal
Compatriots,

See the following from ILW. I suggest we pursue a simultaneous conversation with Peter Schey.

----------
Immigration Daily
August 16, 2005
Letter From Peter Schey
Today's Immigration Daily carries a letter to the Editor from Peter Schey, a legendary litigator, credited with the LULAC and CSS settlements. As President & Executive Director of the Center for Human Rights and Constitutional Law, Mr. Schey and the Center for Human Rights has engaged in major impact litigation. A portion of the proceeds from this work has been earmarked for pro bono litigation. Mr. Schey in today's letter offers assistance and help in "investigat[ing] potential litigation regarding the setting or reaching of the H-1B cap". Those interested in contacting Peter Schey can do so by visiting http://www.peterschey.com or http://centerforhumanrights.org.
We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

Dear Editor:
We would be happy to investigate potential litigation regarding the setting or reaching of the H-1B cap if there are any practitioners out there with any ideas about anything the Government has done wrong in the process of deciding that the H-1B FY 2006 cap has been reached (or the DOS's bleak EB visa forecast) (8/15/05 ID comment).
Peter A. Schey, Esq.
Los Angeles, CA
------
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  #9 (permalink)  
Old 01-10-2006, 11:20 PM
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Default Our human rights are being violated

I think this is more of a human rights issue than any other. These idiots can not process 140,000 employment based applications efficiently how does the US government expect them to process applications from 10 million illegal immigrants if they are given some sort of amnesty.

When I applied for labor certification in 07/2002, I was told that I would get the green card in three years, after 3 1/2 years I am still waiting for the freakin' labor certification to go through.

I strongly suggest that we should consult with this capable attorney and ask him to see if we could sue the DOL/USCIS. After all if someone is working with an employer for more than 3 years it means that there was really no American available for that position. Why go through the red tape of proving that a US citizen's job is being taken away and thousand other loop holes designed specifically to weed out people...I now believe that the EB immigration system is more of a lottery than a fair system.

Right now the unemployment rate is around 5%...remove 10 million illegal aliens from the country and remove 1/2 million guest workers from the country, i.e., 10 1/2 million working people for this country...I can imagine what will happen to the US factories, farms, IT companies, and healthcare. Let us dare the numbersusa and other anti-immigration organizations to campaign for an all out deportation of each and every alien from the country and see how they run this freakin' country without us.

God help us please!

Last edited by PD073102VA; 01-10-2006 at 11:26 PM.
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  #10 (permalink)  
Old 01-11-2006, 04:27 PM
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Thumbs up OK, lets schedule a consultation

Guys,

Most of you have responded that we should start talking with Peter Schey, and I agree wholeheartedly. It takes time to get things moving- perhaps several months- so we need to pursue this simultaneously. We cannot simply wait and watch the outcome in the legilative arena- we have to continue our efforts.

I will explore an appointment with Peter, and then we can have a brainstorming session before we go into the meeting. Will keep you posted.
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Old 01-11-2006, 06:58 PM
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Default let me know if you need any help

Friend

I think we should move fast with this guy. let me know if you need any assistance in this regard


Quote:
Originally Posted by sobers
Guys,

Most of you have responded that we should start talking with Peter Schey, and I agree wholeheartedly. It takes time to get things moving- perhaps several months- so we need to pursue this simultaneously. We cannot simply wait and watch the outcome in the legilative arena- we have to continue our efforts.

I will explore an appointment with Peter, and then we can have a brainstorming session before we go into the meeting. Will keep you posted.
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  #12 (permalink)  
Old 01-11-2006, 07:15 PM
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Default Those anti-immigration sites.

Quote:
Originally Posted by PD073102VA
I think this is more of a human rights issue than any other. These idiots can not process 140,000 employment based applications efficiently how does the US government expect them to process applications from 10 million illegal immigrants if they are given some sort of amnesty.

When I applied for labor certification in 07/2002, I was told that I would get the green card in three years, after 3 1/2 years I am still waiting for the freakin' labor certification to go through.

I strongly suggest that we should consult with this capable attorney and ask him to see if we could sue the DOL/USCIS. After all if someone is working with an employer for more than 3 years it means that there was really no American available for that position. Why go through the red tape of proving that a US citizen's job is being taken away and thousand other loop holes designed specifically to weed out people...I now believe that the EB immigration system is more of a lottery than a fair system.

Right now the unemployment rate is around 5%...remove 10 million illegal aliens from the country and remove 1/2 million guest workers from the country, i.e., 10 1/2 million working people for this country...I can imagine what will happen to the US factories, farms, IT companies, and healthcare. Let us dare the numbersusa and other anti-immigration organizations to campaign for an all out deportation of each and every alien from the country and see how they run this freakin' country without us.

God help us please!
Numbersusa.com and zazona.com have no idea what they are talking about. If you go to competeamerica.com you will see that H1B program that they hate the most(especially zazona.com) has an effect of less than one fraction of one percent of US unemployment.

most h1bs and EB greencard applicants are IT programmers. THE UNEMPLOYMENT IN IT FIELD IS 2%. Even if you take out H1 program and throw out all current H1s out, those 2% who are unemployed in IT field will not be able to replace the H1 that was thrown out. This is the truth they cannot swallow and I dont expect them to.

logiclife.
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  #13 (permalink)  
Old 01-12-2006, 11:34 AM
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Please, please, please. Let's get this going concurrently. Also, how about this idea of letting the 245(i) illegals ahead of us ? I mean, in a way we are stuck in this queue thanks to the amnesty to illegals. Now they are talking about granting guest-worker/amnesty again for 10+ MILLION aliens ?! Imagine what that could do to the EB cut-off dates. I strongly believe that we should take action now and immediately seek a legal venue, if possible. At least try to defend ourselves in case another amnesty/guest-worker comes up. Remember that certain politicians may have intentions to let illegals get permanent residency ahead of us due to voting potential. That is not fair though.

My question to the lawyer would be whether this unfair practice of letting the illegals apply to greencard and hurt the legal immigrants who are in the queue. Something doesn't seem right.

If we do not inform ourselves about this now, it would be too late wait for the day another guest-worker/amnesty is passed.


Quote:
Originally Posted by sobers
Guys,

Most of you have responded that we should start talking with Peter Schey, and I agree wholeheartedly. It takes time to get things moving- perhaps several months- so we need to pursue this simultaneously. We cannot simply wait and watch the outcome in the legilative arena- we have to continue our efforts.

I will explore an appointment with Peter, and then we can have a brainstorming session before we go into the meeting. Will keep you posted.
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  #14 (permalink)  
Old 01-12-2006, 11:50 AM
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The one thing that I am worried about is spreading ourselves too thin, if we follow this lawsuit also parallely. I think it might be better to try legislative means first.
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Old 01-12-2006, 12:10 PM
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we could have a preliminary chat with Peter schey and seek his advice...and let him know what you feel about spreading ourselves too thin,
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