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  #1 (permalink)  
Old 07-09-2007, 03:22 PM
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Default First Lawsuit against DOS/USCIS

http://www.ahslaw.com/documents/AHSLawsuit.pdf


This document gives lot of legal details, states what the lawsuits exactly is..


P.S : I Think its just filed, not accepted by the court as of now

Last edited by delhiguy; 07-09-2007 at 03:33 PM.
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Old 07-09-2007, 03:26 PM
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FOR IMMEDIATE RELEASE



Azulay Horn & Seiden, LLC Files Class Action Law Suit against the US Government for Refusing to Accept Green Card Applications



Chicago (July 9, 2007) — In the shadow of the debate about comprehensive immigration reform tens of thousands of skilled employment based immigrants awaiting their opportunity to legally apply for green cards have been unfairly denied the opportunity due to potential deliberate miscommunication – and an attempt to collect higher filing fees – from the U.S. Department of State and the and U.S. Citizenship and Immigration Services (USCIS), the agency that processes visa and citizenship requests.



On June 12, the State Department announced in its monthly Visa Bulletin that beginning July 2 and for at least the entire month of July, all skilled workers seeking employer-sponsored green cards would be eligible to apply. However, on July 2, the State Department announced that they were breaking with 30 years of tradition and issued an update claiming that no more green cards were available because “the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month.” USCIS followed and said that as a result they were going to reject the green card applications of anyone who applied relying on the July Bulletin. This meant that the thousands of immigrants who followed the government’s instructions and obtained the correct paperwork actually had no chance to receive a green card.



In response, Azulay Horn & Seiden, LLC, the largest immigration law firm based in Chicago and fourth largest in the United States, on Friday July 6, filed a class-action law suit on behalf of its clients and all those like them, against Secretary of State Condoleezza Rice, the Department of State, Secretary of Homeland Security Michael Chertoff, the Department of Homeland Security, and USCIS, and Emilio Gonzalez, and F. Gerard Heinauer of USCIS for announcing that they would refuse to accept the green card applications on behalf of the skilled workers. The suit seeks a ruling that would keep applications filed in accordance with the original July Visa Bulletin from being rejected.



Azulay Horn & Seiden is the first firm to act proactively and file a complaint. “These are legal immigrants who have followed all the rules,” explained Ira Azulay, CEO of the firm. “They are productive members of our society and deserve to be treated fairly by our federal government. The State Department and USCIS acted against their own rules and 30 years of historical practice when they updated the Visa Bulletin and reneged on their historical obligations. They need to be held accountable for their actions and do right by these people. Acting any other way sends the horrible message that following the rules is worthless.”



The representative plaintiff in the case is Chicagoan Gabriela Ptasinska, a native of Poland who is lawfully present in the United States on a non-immigrant visa, working as a land planner with Manhard Consulting, Ltd. Given the Bulletin, Ptasinska and thousands of legal immigrants across the country worked to obtain the necessary documentation for their chance to receive a green card only to have it snatched away on July.



“I am a law-abiding, hardworking member of American society and have worked relentlessly to lawfully become a permanent resident of America,” said Ptasinska. “Now I feel like the rug has been pulled out from under me. I held-up my end of the bargain by doing everything the government told me to do, but USCIS did not keep their word.”





Mr. Azulay is available to discuss with the media the class-action suit and the impact of the government’s recent actions. A copy of the complaint in the matter of Gabriela Ptasinska, on behalf of herself and all others similarly situated v. U.S. Dept. of State, Condoleeza Rice, U.S. Dept. of Homeland Security, Michael Chertoff, U.S. Citizenship and Immigration Services, Emilio Gonzalez, and F. Gerard Heinauer, Case No. 07 C 3795, can be downloaded from Azulay, Horn & Seiden’s website at www.ahslaw.com. People interested in joining the class can also visit the website to provide their information.



Azulay, Horn & Seiden, LLC (www.ahslaw.com) is Chicago’s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at info@ahslaw.com.
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  #3 (permalink)  
Old 07-09-2007, 03:27 PM
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any idea how long it will take for an outcome?
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Old 07-09-2007, 04:11 PM
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Thumbs up

Way to Go Azulay Horn & Seiden, LLC


Rock On We are with u
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Old 07-09-2007, 04:14 PM
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Way to go Gabriela!
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Old 07-09-2007, 04:18 PM
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Her PD is 2003 .. She has a reason to be pissed off ...
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  #7 (permalink)  
Old 07-09-2007, 04:35 PM
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I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....
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Old 07-09-2007, 04:43 PM
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Quote:
Originally Posted by roseball
I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....

I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.

If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.

Last edited by delhiguy; 07-09-2007 at 04:48 PM.
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Old 07-09-2007, 04:53 PM
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Quote:
Originally Posted by delhiguy
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.

If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Everybody knows they didn't broke the law, but the way they followed is wrong.

I saw somebody suing her company because her colleagues are using perfumes. If this kind of US, then why should we leave them for this disaster.

What they broke is "They need to give prior notice in advance". They cannot give one-hour or one-min notice. They haven't given one-min notice also. It is outrageous. So, please don't say that they didn't broke any law.

Do you know what does it mean by notice? It should be given well in advance if you want to convey something.

They completely broke all those ethical laws.
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Old 07-09-2007, 04:54 PM
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Quote:
Originally Posted by delhiguy
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.

If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
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Old 07-09-2007, 04:55 PM
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Quote:
Originally Posted by newbee7
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
Yes, this is another one. There are somany. Please check AILA lawsuit.
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Old 07-09-2007, 04:55 PM
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Yes, you are right that we cannot sue anyone for working harder. I agree with that part too.

I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....

From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....
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Old 07-09-2007, 04:58 PM
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Default Until USCIS explains how it used up 60K+ visas in 2 weeks...we cannot tell..

Quote:
Originally Posted by delhiguy
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can present in a court of law.

If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
It took them 6 months to consume 66K visas and then another 15 days to process another 66K.

It is reasonably safe to assume, either correct procedures were not followed in the past or were not followed in the last 2 weeks. Only a judge can order USCIS to elobarte on what processes were followed in the last 2 weeks (FBI name checks and security clearances skipped...etc. etc.)

They made people expend (or rather waste) millions of dollars in preparing the paperwork...and then changed the process abruptly on July 2nd..with no advance notice...they could have published a guidance in the July bulletin itself of this possibly happening, if not published a guidance sometime later...

There is no doubt, that the entire chain of events were premeditated...and the communication mix-up as claimed by Condoleezza Rice on TV was a deliberate one..

I doubt if this will all fly in court...they certainly owe the millions of wasted dollars and thousands of wasted hours in preparing the paperwork, back to the applicants/attornies...at the least...

Keep in mind, the AILF rarely files a law suit against the government, and most of their law suits have had favorable outcomes..
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Old 07-09-2007, 05:03 PM
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Default what is your PD

delhi..

what is your PD?
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Old 07-09-2007, 05:05 PM
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Angry Hats off to that lady.... Guess who we are still thinking

Hatz off to that lady... Lot of us are still thinking to fill law-suit against USCIS/DOS.... We should act fast now and file law-suit rather than just waiting and discussing here. I felt bad some people even asked when will be outcome of that law-suit....That clearly tells you are going to wait till the out come of it and you will file law-suit....

Weird........Weird...Weird
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