DV-2003 class action lawsuit
Sep 18th 2003, 6:46 am
#1
Guest
Posts: n/a
DV-2003 class action lawsuit
A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
The plaintiffs in the case are all people seeking adjustment of status
or an application for a visa overseas, based on DV-2003, whose
applications are not being processed due to administrative delay
(typically caused by a delay in background checks). The lawsuit seeks
to compel BCIS to process the plaintiffs' application under DV-2003
and to adjust the plaintiffs' status. If the lawsuit is successful it
will allow BCIS to adjust the status of the plaintiffs this fiscal
year.
So far there are 5 individual plaintiffs listed in the complaint. It
is beneficial for the case if there are more individual plaintiffs. If
you are seeking adjustment of status based on DV-2003 and your
adjustment is pending only because of a background check please
contact me at the following address: [email protected]
Please include the following information:
name:
interview date:
which office did you apply at:
What city do you live in:
The plaintiffs in the case are all people seeking adjustment of status
or an application for a visa overseas, based on DV-2003, whose
applications are not being processed due to administrative delay
(typically caused by a delay in background checks). The lawsuit seeks
to compel BCIS to process the plaintiffs' application under DV-2003
and to adjust the plaintiffs' status. If the lawsuit is successful it
will allow BCIS to adjust the status of the plaintiffs this fiscal
year.
So far there are 5 individual plaintiffs listed in the complaint. It
is beneficial for the case if there are more individual plaintiffs. If
you are seeking adjustment of status based on DV-2003 and your
adjustment is pending only because of a background check please
contact me at the following address: [email protected]
Please include the following information:
name:
interview date:
which office did you apply at:
What city do you live in:
Sep 19th 2003, 12:42 am
#2
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
"Dan" <[email protected]> wrote in message
news:[email protected]...
| A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
| The plaintiffs in the case are all people seeking adjustment of status
| or an application for a visa overseas, based on DV-2003, whose
| applications are not being processed due to administrative delay
| (typically caused by a delay in background checks). The lawsuit seeks
| to compel BCIS to process the plaintiffs' application under DV-2003
| and to adjust the plaintiffs' status. If the lawsuit is successful it
| will allow BCIS to adjust the status of the plaintiffs this fiscal
| year.
|
| So far there are 5 individual plaintiffs listed in the complaint. It
| is beneficial for the case if there are more individual plaintiffs. If
| you are seeking adjustment of status based on DV-2003 and your
| adjustment is pending only because of a background check please
| contact me at the following address: [email protected]
|
A nuisance lawsuit?
This is akin to a house guest suing the host because the bed or the dinner
can't be made fast enough to their satisfaction.
A clear abuse of the US goodwill to afford the priviledge of immigration, I
would think.
Since when did aliens have the rights to be expeditiously processed for
permanent residence to the USA at their convenience?
news:[email protected]...
| A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
| The plaintiffs in the case are all people seeking adjustment of status
| or an application for a visa overseas, based on DV-2003, whose
| applications are not being processed due to administrative delay
| (typically caused by a delay in background checks). The lawsuit seeks
| to compel BCIS to process the plaintiffs' application under DV-2003
| and to adjust the plaintiffs' status. If the lawsuit is successful it
| will allow BCIS to adjust the status of the plaintiffs this fiscal
| year.
|
| So far there are 5 individual plaintiffs listed in the complaint. It
| is beneficial for the case if there are more individual plaintiffs. If
| you are seeking adjustment of status based on DV-2003 and your
| adjustment is pending only because of a background check please
| contact me at the following address: [email protected]
|
A nuisance lawsuit?
This is akin to a house guest suing the host because the bed or the dinner
can't be made fast enough to their satisfaction.
A clear abuse of the US goodwill to afford the priviledge of immigration, I
would think.
Since when did aliens have the rights to be expeditiously processed for
permanent residence to the USA at their convenience?
Sep 19th 2003, 4:11 am
#3
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
"matrix" <[email protected]> wrote in message
news:[email protected]...
> "Dan" <[email protected]> wrote in message
> news:[email protected]...
> | A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
> | The plaintiffs in the case are all people seeking adjustment of status
> | or an application for a visa overseas, based on DV-2003, whose
> | applications are not being processed due to administrative delay
> | (typically caused by a delay in background checks). The lawsuit seeks
> | to compel BCIS to process the plaintiffs' application under DV-2003
> | and to adjust the plaintiffs' status. If the lawsuit is successful it
> | will allow BCIS to adjust the status of the plaintiffs this fiscal
> | year.
> |
> | So far there are 5 individual plaintiffs listed in the complaint. It
> | is beneficial for the case if there are more individual plaintiffs. If
> | you are seeking adjustment of status based on DV-2003 and your
> | adjustment is pending only because of a background check please
> | contact me at the following address: [email protected]
> |
> A nuisance lawsuit?
> This is akin to a house guest suing the host because the bed or the dinner
> can't be made fast enough to their satisfaction.
> A clear abuse of the US goodwill to afford the priviledge of immigration,
I
> would think.
> Since when did aliens have the rights to be expeditiously processed for
> permanent residence to the USA at their convenience?
You think wrong.
The BCIS is required by law to provide for the visas! If it doesn't because
of various reasons, well, then the US BCIS is not adhering to the law. Why
not? After you win the DV you have the right of processing without delay.
Nowhere are they talking about expedited processing! All they want is
processing in due time.
If the background checks take to long and you can't get adjusted because of
it, you would feel different. If you have a backlog like they do, hire some
more people and work off the backlog!
To your stupid comparison with a house guest: If you invite me for dinner at
6 and don't feed me the same evening, I would get pretty pissed. If you
can't provide food the same evening, don't call for a dinner you moron.
And immigration is not a privilege, it's a right the US government provides
for!
The aliens in this case are winners of a DV and they have the right by law
to be processed in due time. Only you are turning words around and talk
about expeditiously and convenience.
I welcome the aliens. They will be citizens of the US in the future and they
will help to build up this country even bigger and better. And since they
will be citizens in the future treat them with respect, ok? They are people
like you and me. (Hm, maybe not like you. Hopefully.)
news:[email protected]...
> "Dan" <[email protected]> wrote in message
> news:[email protected]...
> | A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
> | The plaintiffs in the case are all people seeking adjustment of status
> | or an application for a visa overseas, based on DV-2003, whose
> | applications are not being processed due to administrative delay
> | (typically caused by a delay in background checks). The lawsuit seeks
> | to compel BCIS to process the plaintiffs' application under DV-2003
> | and to adjust the plaintiffs' status. If the lawsuit is successful it
> | will allow BCIS to adjust the status of the plaintiffs this fiscal
> | year.
> |
> | So far there are 5 individual plaintiffs listed in the complaint. It
> | is beneficial for the case if there are more individual plaintiffs. If
> | you are seeking adjustment of status based on DV-2003 and your
> | adjustment is pending only because of a background check please
> | contact me at the following address: [email protected]
> |
> A nuisance lawsuit?
> This is akin to a house guest suing the host because the bed or the dinner
> can't be made fast enough to their satisfaction.
> A clear abuse of the US goodwill to afford the priviledge of immigration,
I
> would think.
> Since when did aliens have the rights to be expeditiously processed for
> permanent residence to the USA at their convenience?
You think wrong.
The BCIS is required by law to provide for the visas! If it doesn't because
of various reasons, well, then the US BCIS is not adhering to the law. Why
not? After you win the DV you have the right of processing without delay.
Nowhere are they talking about expedited processing! All they want is
processing in due time.
If the background checks take to long and you can't get adjusted because of
it, you would feel different. If you have a backlog like they do, hire some
more people and work off the backlog!
To your stupid comparison with a house guest: If you invite me for dinner at
6 and don't feed me the same evening, I would get pretty pissed. If you
can't provide food the same evening, don't call for a dinner you moron.
And immigration is not a privilege, it's a right the US government provides
for!
The aliens in this case are winners of a DV and they have the right by law
to be processed in due time. Only you are turning words around and talk
about expeditiously and convenience.
I welcome the aliens. They will be citizens of the US in the future and they
will help to build up this country even bigger and better. And since they
will be citizens in the future treat them with respect, ok? They are people
like you and me. (Hm, maybe not like you. Hopefully.)
Sep 19th 2003, 5:24 am
#4
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
"Satellite" <[email protected]> wrote in message
news:[email protected]...
|
|
| You think wrong.
And I pity you for your erroneous beliefs and ignorance.
| The BCIS is required by law to provide for the visas!
Issuing visas is not a function of the BCIS; it is the US State Department's
task and responsibility.
If it doesn't because
| of various reasons, well, then the US BCIS is not adhering to the law. Why
| not? After you win the DV you have the right of processing without delay.
Where in the law does it say it is a RIGHT? I am challengng YOU!
Cite the particular immigration law for everybody to read, please! I bet you
can't.
| Nowhere are they talking about expedited processing! All they want is
processing in due time.
Waiting for the background check to be completed is a necessary part of the
processing time. It is not a simple and easy process. Tremendous amount of
time and resources are spent just to ensure people who could be security
risks are identified and screened out.
Do you even know the mechanics of a security ackground check?
|
| If the background checks take to long and you can't get adjusted because
of it, you would feel different.
When does someone's feeling become a consideration to expedite background
checks?
| If you have a backlog like they do, hire some more people and work off the
backlog!
Where does the money come from, do you know? And you would pay for it,
right?
| To your stupid comparison with a house guest: If you invite me for dinner
at
| 6 and don't feed me the same evening, I would get pretty pissed. If you
| can't provide food the same evening, don't call for a dinner you moron.
If you are my guest and you start acting arrogant like you own my house,
making demands and rules, you can bet your sorry arse you'd get something
you'd never expected!
|
| And immigration is not a privilege, it's a right the US government
provides| for!
So, anybody who wants to come to the US can just sue the US government for
not respecting their "rights" to immigrate? Again, cite the law which gave
them that right!
|
| The aliens in this case are winners of a DV and they have the right by law
| to be processed in due time. Only you are turning words around and talk
| about expeditiously and convenience.
|
| I welcome the aliens. They will be citizens of the US in the future and
they will help to build up this country even bigger and better. And since
they will be citizens in the future treat them with respect, ok?
Conform with the system. Respect our laws and systems of regulations then
you would earn my respects.
They are people like you and me. (Hm, maybe not like you. Hopefully.)
I would not want rude and arrogant people like you to become citizens of my
country.
|
news:[email protected]...
|
|
| You think wrong.
And I pity you for your erroneous beliefs and ignorance.
| The BCIS is required by law to provide for the visas!
Issuing visas is not a function of the BCIS; it is the US State Department's
task and responsibility.
If it doesn't because
| of various reasons, well, then the US BCIS is not adhering to the law. Why
| not? After you win the DV you have the right of processing without delay.
Where in the law does it say it is a RIGHT? I am challengng YOU!
Cite the particular immigration law for everybody to read, please! I bet you
can't.
| Nowhere are they talking about expedited processing! All they want is
processing in due time.
Waiting for the background check to be completed is a necessary part of the
processing time. It is not a simple and easy process. Tremendous amount of
time and resources are spent just to ensure people who could be security
risks are identified and screened out.
Do you even know the mechanics of a security ackground check?
|
| If the background checks take to long and you can't get adjusted because
of it, you would feel different.
When does someone's feeling become a consideration to expedite background
checks?
| If you have a backlog like they do, hire some more people and work off the
backlog!
Where does the money come from, do you know? And you would pay for it,
right?
| To your stupid comparison with a house guest: If you invite me for dinner
at
| 6 and don't feed me the same evening, I would get pretty pissed. If you
| can't provide food the same evening, don't call for a dinner you moron.
If you are my guest and you start acting arrogant like you own my house,
making demands and rules, you can bet your sorry arse you'd get something
you'd never expected!
|
| And immigration is not a privilege, it's a right the US government
provides| for!
So, anybody who wants to come to the US can just sue the US government for
not respecting their "rights" to immigrate? Again, cite the law which gave
them that right!
|
| The aliens in this case are winners of a DV and they have the right by law
| to be processed in due time. Only you are turning words around and talk
| about expeditiously and convenience.
|
| I welcome the aliens. They will be citizens of the US in the future and
they will help to build up this country even bigger and better. And since
they will be citizens in the future treat them with respect, ok?
Conform with the system. Respect our laws and systems of regulations then
you would earn my respects.
They are people like you and me. (Hm, maybe not like you. Hopefully.)
I would not want rude and arrogant people like you to become citizens of my
country.
|
Sep 19th 2003, 6:21 am
#5
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
Immigration to USA is NOT a right for any alien.
"Satellite" <[email protected]> wrote in message
news:[email protected]...
> "matrix" <[email protected]> wrote in message
> news:[email protected]...
> >
> > "Dan" <[email protected]> wrote in message
> > news:[email protected]...
> > | A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
> > | The plaintiffs in the case are all people seeking adjustment of status
> > | or an application for a visa overseas, based on DV-2003, whose
> > | applications are not being processed due to administrative delay
> > | (typically caused by a delay in background checks). The lawsuit seeks
> > | to compel BCIS to process the plaintiffs' application under DV-2003
> > | and to adjust the plaintiffs' status. If the lawsuit is successful it
> > | will allow BCIS to adjust the status of the plaintiffs this fiscal
> > | year.
> > |
> > | So far there are 5 individual plaintiffs listed in the complaint. It
> > | is beneficial for the case if there are more individual plaintiffs. If
> > | you are seeking adjustment of status based on DV-2003 and your
> > | adjustment is pending only because of a background check please
> > | contact me at the following address: [email protected]
> > |
> >
> > A nuisance lawsuit?
> > This is akin to a house guest suing the host because the bed or the
dinner
> > can't be made fast enough to their satisfaction.
> > A clear abuse of the US goodwill to afford the priviledge of
immigration,
> I
> > would think.
> > Since when did aliens have the rights to be expeditiously processed for
> > permanent residence to the USA at their convenience?
> >
> You think wrong.
> The BCIS is required by law to provide for the visas! If it doesn't
because
> of various reasons, well, then the US BCIS is not adhering to the law. Why
> not? After you win the DV you have the right of processing without delay.
> Nowhere are they talking about expedited processing! All they want is
> processing in due time.
> If the background checks take to long and you can't get adjusted because
of
> it, you would feel different. If you have a backlog like they do, hire
some
> more people and work off the backlog!
> To your stupid comparison with a house guest: If you invite me for dinner
at
> 6 and don't feed me the same evening, I would get pretty pissed. If you
> can't provide food the same evening, don't call for a dinner you moron.
> And immigration is not a privilege, it's a right the US government
provides
> for!
> The aliens in this case are winners of a DV and they have the right by law
> to be processed in due time. Only you are turning words around and talk
> about expeditiously and convenience.
> I welcome the aliens. They will be citizens of the US in the future and
they
> will help to build up this country even bigger and better. And since they
> will be citizens in the future treat them with respect, ok? They are
people
> like you and me. (Hm, maybe not like you. Hopefully.)
"Satellite" <[email protected]> wrote in message
news:[email protected]...
> "matrix" <[email protected]> wrote in message
> news:[email protected]...
> >
> > "Dan" <[email protected]> wrote in message
> > news:[email protected]...
> > | A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
> > | The plaintiffs in the case are all people seeking adjustment of status
> > | or an application for a visa overseas, based on DV-2003, whose
> > | applications are not being processed due to administrative delay
> > | (typically caused by a delay in background checks). The lawsuit seeks
> > | to compel BCIS to process the plaintiffs' application under DV-2003
> > | and to adjust the plaintiffs' status. If the lawsuit is successful it
> > | will allow BCIS to adjust the status of the plaintiffs this fiscal
> > | year.
> > |
> > | So far there are 5 individual plaintiffs listed in the complaint. It
> > | is beneficial for the case if there are more individual plaintiffs. If
> > | you are seeking adjustment of status based on DV-2003 and your
> > | adjustment is pending only because of a background check please
> > | contact me at the following address: [email protected]
> > |
> >
> > A nuisance lawsuit?
> > This is akin to a house guest suing the host because the bed or the
dinner
> > can't be made fast enough to their satisfaction.
> > A clear abuse of the US goodwill to afford the priviledge of
immigration,
> I
> > would think.
> > Since when did aliens have the rights to be expeditiously processed for
> > permanent residence to the USA at their convenience?
> >
> You think wrong.
> The BCIS is required by law to provide for the visas! If it doesn't
because
> of various reasons, well, then the US BCIS is not adhering to the law. Why
> not? After you win the DV you have the right of processing without delay.
> Nowhere are they talking about expedited processing! All they want is
> processing in due time.
> If the background checks take to long and you can't get adjusted because
of
> it, you would feel different. If you have a backlog like they do, hire
some
> more people and work off the backlog!
> To your stupid comparison with a house guest: If you invite me for dinner
at
> 6 and don't feed me the same evening, I would get pretty pissed. If you
> can't provide food the same evening, don't call for a dinner you moron.
> And immigration is not a privilege, it's a right the US government
provides
> for!
> The aliens in this case are winners of a DV and they have the right by law
> to be processed in due time. Only you are turning words around and talk
> about expeditiously and convenience.
> I welcome the aliens. They will be citizens of the US in the future and
they
> will help to build up this country even bigger and better. And since they
> will be citizens in the future treat them with respect, ok? They are
people
> like you and me. (Hm, maybe not like you. Hopefully.)
Sep 19th 2003, 6:24 am
#6
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
You are an idiot and are muted.
No discussion possible.
No discussion possible.
Sep 19th 2003, 6:25 am
#7
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
I didn't say ANY - only the winner of a DV.
And oberserve my ass...
"observer" <[email protected]> wrote in message
news:[email protected]...
> Immigration to USA is NOT a right for any alien.
> "Satellite" <[email protected]> wrote in message
> news:[email protected]...
> >
> > "matrix" <[email protected]> wrote in message
> > news:[email protected]...
> > >
> > > "Dan" <[email protected]> wrote in message
> > > news:[email protected]...
> > > | A class action lawsuit against BCIS was filed in Chicago on
09/16/03.
> > > | The plaintiffs in the case are all people seeking adjustment of
status
> > > | or an application for a visa overseas, based on DV-2003, whose
> > > | applications are not being processed due to administrative delay
> > > | (typically caused by a delay in background checks). The lawsuit
seeks
> > > | to compel BCIS to process the plaintiffs' application under DV-2003
> > > | and to adjust the plaintiffs' status. If the lawsuit is successful
it
> > > | will allow BCIS to adjust the status of the plaintiffs this fiscal
> > > | year.
> > > |
> > > | So far there are 5 individual plaintiffs listed in the complaint. It
> > > | is beneficial for the case if there are more individual plaintiffs.
If
> > > | you are seeking adjustment of status based on DV-2003 and your
> > > | adjustment is pending only because of a background check please
> > > | contact me at the following address: [email protected]
> > > |
> > >
> > > A nuisance lawsuit?
> > > This is akin to a house guest suing the host because the bed or the
> dinner
> > > can't be made fast enough to their satisfaction.
> > > A clear abuse of the US goodwill to afford the priviledge of
> immigration,
> > I
> > > would think.
> > > Since when did aliens have the rights to be expeditiously processed
for
> > > permanent residence to the USA at their convenience?
> > >
> >
> > You think wrong.
> >
> > The BCIS is required by law to provide for the visas! If it doesn't
> because
> > of various reasons, well, then the US BCIS is not adhering to the law.
Why
> > not? After you win the DV you have the right of processing without
delay.
> > Nowhere are they talking about expedited processing! All they want is
> > processing in due time.
> >
> > If the background checks take to long and you can't get adjusted because
> of
> > it, you would feel different. If you have a backlog like they do, hire
> some
> > more people and work off the backlog!
> >
> > To your stupid comparison with a house guest: If you invite me for
dinner
> at
> > 6 and don't feed me the same evening, I would get pretty pissed. If you
> > can't provide food the same evening, don't call for a dinner you moron.
> >
> > And immigration is not a privilege, it's a right the US government
> provides
> > for!
> >
> > The aliens in this case are winners of a DV and they have the right by
law
> > to be processed in due time. Only you are turning words around and talk
> > about expeditiously and convenience.
> >
> > I welcome the aliens. They will be citizens of the US in the future and
> they
> > will help to build up this country even bigger and better. And since
they
> > will be citizens in the future treat them with respect, ok? They are
> people
> > like you and me. (Hm, maybe not like you. Hopefully.)
> >
> >
And oberserve my ass...
"observer" <[email protected]> wrote in message
news:[email protected]...
> Immigration to USA is NOT a right for any alien.
> "Satellite" <[email protected]> wrote in message
> news:[email protected]...
> >
> > "matrix" <[email protected]> wrote in message
> > news:[email protected]...
> > >
> > > "Dan" <[email protected]> wrote in message
> > > news:[email protected]...
> > > | A class action lawsuit against BCIS was filed in Chicago on
09/16/03.
> > > | The plaintiffs in the case are all people seeking adjustment of
status
> > > | or an application for a visa overseas, based on DV-2003, whose
> > > | applications are not being processed due to administrative delay
> > > | (typically caused by a delay in background checks). The lawsuit
seeks
> > > | to compel BCIS to process the plaintiffs' application under DV-2003
> > > | and to adjust the plaintiffs' status. If the lawsuit is successful
it
> > > | will allow BCIS to adjust the status of the plaintiffs this fiscal
> > > | year.
> > > |
> > > | So far there are 5 individual plaintiffs listed in the complaint. It
> > > | is beneficial for the case if there are more individual plaintiffs.
If
> > > | you are seeking adjustment of status based on DV-2003 and your
> > > | adjustment is pending only because of a background check please
> > > | contact me at the following address: [email protected]
> > > |
> > >
> > > A nuisance lawsuit?
> > > This is akin to a house guest suing the host because the bed or the
> dinner
> > > can't be made fast enough to their satisfaction.
> > > A clear abuse of the US goodwill to afford the priviledge of
> immigration,
> > I
> > > would think.
> > > Since when did aliens have the rights to be expeditiously processed
for
> > > permanent residence to the USA at their convenience?
> > >
> >
> > You think wrong.
> >
> > The BCIS is required by law to provide for the visas! If it doesn't
> because
> > of various reasons, well, then the US BCIS is not adhering to the law.
Why
> > not? After you win the DV you have the right of processing without
delay.
> > Nowhere are they talking about expedited processing! All they want is
> > processing in due time.
> >
> > If the background checks take to long and you can't get adjusted because
> of
> > it, you would feel different. If you have a backlog like they do, hire
> some
> > more people and work off the backlog!
> >
> > To your stupid comparison with a house guest: If you invite me for
dinner
> at
> > 6 and don't feed me the same evening, I would get pretty pissed. If you
> > can't provide food the same evening, don't call for a dinner you moron.
> >
> > And immigration is not a privilege, it's a right the US government
> provides
> > for!
> >
> > The aliens in this case are winners of a DV and they have the right by
law
> > to be processed in due time. Only you are turning words around and talk
> > about expeditiously and convenience.
> >
> > I welcome the aliens. They will be citizens of the US in the future and
> they
> > will help to build up this country even bigger and better. And since
they
> > will be citizens in the future treat them with respect, ok? They are
> people
> > like you and me. (Hm, maybe not like you. Hopefully.)
> >
> >
Sep 19th 2003, 7:01 am
#8
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
> The BCIS is required by law to provide for the visas! If it doesn't
because
DOS provide visas. You do not understand even that, why are you trying
to understand more complicated issues? you won't be successful
> of various reasons, well, then the US BCIS is not adhering to the law. Why
> not? After you win the DV you have the right of processing without delay.
you have no such right. If US BCIS is not adhering to something it
is just US BCIS internal regulations, and they have no problem
not adhering to their internal regulations.
> If the background checks take to long and you can't get adjusted because
of
> it, you would feel different. If you have a backlog like they do, hire
some
> more people and work off the backlog!
well, they don't have any money to do that.
> And immigration is not a privilege, it's a right the US government
provides
> for!
no, immigration is privilege
> The aliens in this case are winners of a DV and they have the right by law
> to be processed in due time. Only you are turning words around and talk
> about expeditiously and convenience.
point to this law, no such law exists.
> I welcome the aliens. They will be citizens of the US in the future and
they
> will help to build up this country even bigger and better. And since they
> will be citizens in the future treat them with respect, ok? They are
people
> like you and me. (Hm, maybe not like you. Hopefully.)
to sum it up, you just ignorant, go get a book
because
DOS provide visas. You do not understand even that, why are you trying
to understand more complicated issues? you won't be successful
> of various reasons, well, then the US BCIS is not adhering to the law. Why
> not? After you win the DV you have the right of processing without delay.
you have no such right. If US BCIS is not adhering to something it
is just US BCIS internal regulations, and they have no problem
not adhering to their internal regulations.
> If the background checks take to long and you can't get adjusted because
of
> it, you would feel different. If you have a backlog like they do, hire
some
> more people and work off the backlog!
well, they don't have any money to do that.
> And immigration is not a privilege, it's a right the US government
provides
> for!
no, immigration is privilege
> The aliens in this case are winners of a DV and they have the right by law
> to be processed in due time. Only you are turning words around and talk
> about expeditiously and convenience.
point to this law, no such law exists.
> I welcome the aliens. They will be citizens of the US in the future and
they
> will help to build up this country even bigger and better. And since they
> will be citizens in the future treat them with respect, ok? They are
people
> like you and me. (Hm, maybe not like you. Hopefully.)
to sum it up, you just ignorant, go get a book
Sep 19th 2003, 7:35 am
#9
Forum Regular
Joined: Sep 2003
Posts: 54
Re: DV-2003 class action lawsuit
I think the very fact that only five people are plaintiffs (and probably all five have been manipulated/hoodwinked into joining the suit) shows how frivolous and meritless this suit is.
Sep 19th 2003, 7:53 am
#10
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
BCIS or DOS - if you win you have the right of proper adjustment in due
time. Period. Some people think you have that right, that's while there is a
lawsuit filed. The privilege for applying - after you win it's a right you
earned by winning the DV. And about hiring more people and the costs: It
doesn't matter in this case. Judicial decision first - then the executive
branch has to get the money. We will see what the judges say...
And about the electronic filing of future DVs. It is discriminatory. We will
see what the judges say about that too.
time. Period. Some people think you have that right, that's while there is a
lawsuit filed. The privilege for applying - after you win it's a right you
earned by winning the DV. And about hiring more people and the costs: It
doesn't matter in this case. Judicial decision first - then the executive
branch has to get the money. We will see what the judges say...
And about the electronic filing of future DVs. It is discriminatory. We will
see what the judges say about that too.
Sep 19th 2003, 9:40 am
#11
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
>Subject: Re: DV-2003 class action lawsuit
>From: "Satellite" [email protected]
>Date: 9/19/03 3:53 PM Eastern Daylight Time
>Message-id: <[email protected]>
>BCIS or DOS - if you win you have the right of proper adjustment in due
>time. Period. Some people think you have
Actually, winning does not grant right to adjustment. They have to meet other
criteria too. e.g., minimum education, criminal record, etc. That's why many
more winners are "chosen" because some will not make the cut.
Since I have no idea about the legal issues you plan to bring up in court, I
can't comment on your chance of success, but you had better prepare a solid
case based solely in law, or the judge might toss you out along with your case.
>From: "Satellite" [email protected]
>Date: 9/19/03 3:53 PM Eastern Daylight Time
>Message-id: <[email protected]>
>BCIS or DOS - if you win you have the right of proper adjustment in due
>time. Period. Some people think you have
Actually, winning does not grant right to adjustment. They have to meet other
criteria too. e.g., minimum education, criminal record, etc. That's why many
more winners are "chosen" because some will not make the cut.
Since I have no idea about the legal issues you plan to bring up in court, I
can't comment on your chance of success, but you had better prepare a solid
case based solely in law, or the judge might toss you out along with your case.
Sep 19th 2003, 10:50 am
#12
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
Lawsuits of the same nature occurred in the past. BCIS tried to argue
that it is only their goodwill to adjust the status of the applicants
but the courts ruled otherwise (Paunescu v. INS, 76 F. Supp. 2d 896
(N.D.Ill. 1999)). After the BCIS processed your application and only
the background check is missing the adjustment is their mandatory duty
(of course conditional on favorable results of the background checks)
and has to be completed in reasonable timeframe. If BCIS is not
performing this mandatory duty it can be forced to do so by a court
order (writ of mandamus).
that it is only their goodwill to adjust the status of the applicants
but the courts ruled otherwise (Paunescu v. INS, 76 F. Supp. 2d 896
(N.D.Ill. 1999)). After the BCIS processed your application and only
the background check is missing the adjustment is their mandatory duty
(of course conditional on favorable results of the background checks)
and has to be completed in reasonable timeframe. If BCIS is not
performing this mandatory duty it can be forced to do so by a court
order (writ of mandamus).
Sep 19th 2003, 9:18 pm
#13
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
On Fri, 19 Sep 2003 17:24:14 +0000, matrix wrote:
> "Satellite" <[email protected]> wrote in message
> news:[email protected]... |
> |
> | You think wrong.
>
> And I pity you for your erroneous beliefs and ignorance.
>
> | The BCIS is required by law to provide for the visas!
>
> Issuing visas is not a function of the BCIS; it is the US State
> Department's task and responsibility.
Miscommunication; you both are right. This is not actually about visas,
but about adjustment of status adjudications.
> If it doesn't because
> | of various reasons, well, then the US BCIS is not adhering to the law.
> Why | not? After you win the DV you have the right of processing without
> delay.
>
> Where in the law does it say it is a RIGHT? I am challengng YOU! Cite
> the particular immigration law for everybody to read, please! I bet you
> can't.
Actually, there have been similar lawsuits in past years that indeed
confirmed that the applicants had a right to timely adjudication of their
applications.
The fact that APPROVAL is discretionary did not relieve CIS (or, back
then, INS) from the duty to at least render a decision before September
30. IIRC, this was actually a precedent-setting decision.
> | Nowhere are they talking about expedited processing! All they want is
> processing in due time.
>
> Waiting for the background check to be completed is a necessary part of
> the processing time. It is not a simple and easy process. Tremendous
> amount of time and resources are spent just to ensure people who could
> be security risks are identified and screened out.
> Do you even know the mechanics of a security ackground check?
This is irrelevant here. If you have a heart attack, you can't wait for
the hospital to complete a two-month background check before treating you,
either. Like a heart attack, DV winning cases are highly time sensitive.
> | If you have a backlog like they do, hire some more people and work off
> the backlog!
>
> Where does the money come from, do you know? And you would pay for it,
> right?
Applicants pay around $300 per person to adjudicate the case. The fee was
set to be enough to cover the cost of adjudication, and is explicitly
designated for that purpose. Unfortunately, Congress, in its infinite
wisdom, decided that the money would be better spent on other purposes.
This is comparable to you going to a car repair shop and being asked to
pay $30 up-front for an oil change. When you come back two hours later,
you are told "sorry, mate, we needed to spend the $30 to repair our own
truck. You'll have to wait until we get some more money in to buy the oil
for your car!" The only difference being that an auto shop owner pulling
that kind of thing would have committed a crime.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
> "Satellite" <[email protected]> wrote in message
> news:[email protected]... |
> |
> | You think wrong.
>
> And I pity you for your erroneous beliefs and ignorance.
>
> | The BCIS is required by law to provide for the visas!
>
> Issuing visas is not a function of the BCIS; it is the US State
> Department's task and responsibility.
Miscommunication; you both are right. This is not actually about visas,
but about adjustment of status adjudications.
> If it doesn't because
> | of various reasons, well, then the US BCIS is not adhering to the law.
> Why | not? After you win the DV you have the right of processing without
> delay.
>
> Where in the law does it say it is a RIGHT? I am challengng YOU! Cite
> the particular immigration law for everybody to read, please! I bet you
> can't.
Actually, there have been similar lawsuits in past years that indeed
confirmed that the applicants had a right to timely adjudication of their
applications.
The fact that APPROVAL is discretionary did not relieve CIS (or, back
then, INS) from the duty to at least render a decision before September
30. IIRC, this was actually a precedent-setting decision.
> | Nowhere are they talking about expedited processing! All they want is
> processing in due time.
>
> Waiting for the background check to be completed is a necessary part of
> the processing time. It is not a simple and easy process. Tremendous
> amount of time and resources are spent just to ensure people who could
> be security risks are identified and screened out.
> Do you even know the mechanics of a security ackground check?
This is irrelevant here. If you have a heart attack, you can't wait for
the hospital to complete a two-month background check before treating you,
either. Like a heart attack, DV winning cases are highly time sensitive.
> | If you have a backlog like they do, hire some more people and work off
> the backlog!
>
> Where does the money come from, do you know? And you would pay for it,
> right?
Applicants pay around $300 per person to adjudicate the case. The fee was
set to be enough to cover the cost of adjudication, and is explicitly
designated for that purpose. Unfortunately, Congress, in its infinite
wisdom, decided that the money would be better spent on other purposes.
This is comparable to you going to a car repair shop and being asked to
pay $30 up-front for an oil change. When you come back two hours later,
you are told "sorry, mate, we needed to spend the $30 to repair our own
truck. You'll have to wait until we get some more money in to buy the oil
for your car!" The only difference being that an auto shop owner pulling
that kind of thing would have committed a crime.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Sep 19th 2003, 9:26 pm
#14
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
I'm glad that this is happening. Hopefully, you also involved your local
Representatives.
Also, let me mention that nearly identical cases have been filed in past
years, so there is some precedent. IIRC, it ended up as a hollow victory
for the plaintiffs. The court clearly confirmed that INS had an obligation
to decide the case before September 30 (legacy INS at the time argued that
because the approval was a discretionary decision, it also was
discretionary whether or not to even adjudicate. The court said no to that
reasoning; you must have a clear Yes or No answer by September 30).
It ended up hollow, though, because there was no remedy. The court
originally ordered INS to issue Green Cards to the plaintiffs. INS,
however, argued that it could not do that since Green Cards can only be
issued with visa numbers from Department of State, and there was no
category available. In other words "we don't have a Green Card ourselves,
so we can't give you one". Damages also were out of the question; you
generally cannot sue the US government for damages, at least not in such
cases.
In your case, there is an additional twist in that the delay seems to be
outside of the control of CIS, namely by the FBI.
In my mind, the one thing you could possibly achieve is an injunction
(actually, a mandamus), ordering CIS to decide your case immediately.
Since you only have a few days left, that would have to happen very
quickly. Given the involvement of the FBI, you might actually need two
mandamus - and since you aren't directly dealing with the FBI, I'm not
sure if you even have legal standing to get the one compelling the FBI to
process you quickly.
On Thu, 18 Sep 2003 11:46:26 -0700, Dan wrote:
> A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
> The plaintiffs in the case are all people seeking adjustment of status
> or an application for a visa overseas, based on DV-2003, whose
> applications are not being processed due to administrative delay
> (typically caused by a delay in background checks). The lawsuit seeks to
> compel BCIS to process the plaintiffs' application under DV-2003 and to
> adjust the plaintiffs' status. If the lawsuit is successful it will
> allow BCIS to adjust the status of the plaintiffs this fiscal year.
>
> So far there are 5 individual plaintiffs listed in the complaint. It is
> beneficial for the case if there are more individual plaintiffs. If you
> are seeking adjustment of status based on DV-2003 and your adjustment is
> pending only because of a background check please contact me at the
> following address: [email protected]
>
> Please include the following information:
>
> name:
>
> interview date:
>
> which office did you apply at:
>
> What city do you live in:
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Representatives.
Also, let me mention that nearly identical cases have been filed in past
years, so there is some precedent. IIRC, it ended up as a hollow victory
for the plaintiffs. The court clearly confirmed that INS had an obligation
to decide the case before September 30 (legacy INS at the time argued that
because the approval was a discretionary decision, it also was
discretionary whether or not to even adjudicate. The court said no to that
reasoning; you must have a clear Yes or No answer by September 30).
It ended up hollow, though, because there was no remedy. The court
originally ordered INS to issue Green Cards to the plaintiffs. INS,
however, argued that it could not do that since Green Cards can only be
issued with visa numbers from Department of State, and there was no
category available. In other words "we don't have a Green Card ourselves,
so we can't give you one". Damages also were out of the question; you
generally cannot sue the US government for damages, at least not in such
cases.
In your case, there is an additional twist in that the delay seems to be
outside of the control of CIS, namely by the FBI.
In my mind, the one thing you could possibly achieve is an injunction
(actually, a mandamus), ordering CIS to decide your case immediately.
Since you only have a few days left, that would have to happen very
quickly. Given the involvement of the FBI, you might actually need two
mandamus - and since you aren't directly dealing with the FBI, I'm not
sure if you even have legal standing to get the one compelling the FBI to
process you quickly.
On Thu, 18 Sep 2003 11:46:26 -0700, Dan wrote:
> A class action lawsuit against BCIS was filed in Chicago on 09/16/03.
> The plaintiffs in the case are all people seeking adjustment of status
> or an application for a visa overseas, based on DV-2003, whose
> applications are not being processed due to administrative delay
> (typically caused by a delay in background checks). The lawsuit seeks to
> compel BCIS to process the plaintiffs' application under DV-2003 and to
> adjust the plaintiffs' status. If the lawsuit is successful it will
> allow BCIS to adjust the status of the plaintiffs this fiscal year.
>
> So far there are 5 individual plaintiffs listed in the complaint. It is
> beneficial for the case if there are more individual plaintiffs. If you
> are seeking adjustment of status based on DV-2003 and your adjustment is
> pending only because of a background check please contact me at the
> following address: [email protected]
>
> Please include the following information:
>
> name:
>
> interview date:
>
> which office did you apply at:
>
> What city do you live in:
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Sep 20th 2003, 5:33 am
#15
Guest
Posts: n/a
Re: DV-2003 class action lawsuit
**** you!
"Satellite" <[email protected]> wrote in message
news:[email protected]...
> I didn't say ANY - only the winner of a DV.
> And oberserve my ass...
> "observer" <[email protected]> wrote in message
> news:[email protected]...
> > Immigration to USA is NOT a right for any alien.
> >
> > "Satellite" <[email protected]> wrote in message
> > news:[email protected]...
> > >
> > > "matrix" <[email protected]> wrote in message
> > > news:[email protected]...
> > > >
> > > > "Dan" <[email protected]> wrote in message
> > > > news:[email protected]...
> > > > | A class action lawsuit against BCIS was filed in Chicago on
> 09/16/03.
> > > > | The plaintiffs in the case are all people seeking adjustment of
> status
> > > > | or an application for a visa overseas, based on DV-2003, whose
> > > > | applications are not being processed due to administrative delay
> > > > | (typically caused by a delay in background checks). The lawsuit
> seeks
> > > > | to compel BCIS to process the plaintiffs' application under
DV-2003
> > > > | and to adjust the plaintiffs' status. If the lawsuit is successful
> it
> > > > | will allow BCIS to adjust the status of the plaintiffs this fiscal
> > > > | year.
> > > > |
> > > > | So far there are 5 individual plaintiffs listed in the complaint.
It
> > > > | is beneficial for the case if there are more individual
plaintiffs.
> If
> > > > | you are seeking adjustment of status based on DV-2003 and your
> > > > | adjustment is pending only because of a background check please
> > > > | contact me at the following address: [email protected]
> > > > |
> > > >
> > > > A nuisance lawsuit?
> > > > This is akin to a house guest suing the host because the bed or the
> > dinner
> > > > can't be made fast enough to their satisfaction.
> > > > A clear abuse of the US goodwill to afford the priviledge of
> > immigration,
> > > I
> > > > would think.
> > > > Since when did aliens have the rights to be expeditiously processed
> for
> > > > permanent residence to the USA at their convenience?
> > > >
> > >
> > > You think wrong.
> > >
> > > The BCIS is required by law to provide for the visas! If it doesn't
> > because
> > > of various reasons, well, then the US BCIS is not adhering to the law.
> Why
> > > not? After you win the DV you have the right of processing without
> delay.
> > > Nowhere are they talking about expedited processing! All they want is
> > > processing in due time.
> > >
> > > If the background checks take to long and you can't get adjusted
because
> > of
> > > it, you would feel different. If you have a backlog like they do, hire
> > some
> > > more people and work off the backlog!
> > >
> > > To your stupid comparison with a house guest: If you invite me for
> dinner
> > at
> > > 6 and don't feed me the same evening, I would get pretty pissed. If
you
> > > can't provide food the same evening, don't call for a dinner you
moron.
> > >
> > > And immigration is not a privilege, it's a right the US government
> > provides
> > > for!
> > >
> > > The aliens in this case are winners of a DV and they have the right by
> law
> > > to be processed in due time. Only you are turning words around and
talk
> > > about expeditiously and convenience.
> > >
> > > I welcome the aliens. They will be citizens of the US in the future
and
> > they
> > > will help to build up this country even bigger and better. And since
> they
> > > will be citizens in the future treat them with respect, ok? They are
> > people
> > > like you and me. (Hm, maybe not like you. Hopefully.)
> > >
> > >
> >
> >
> >
"Satellite" <[email protected]> wrote in message
news:[email protected]...
> I didn't say ANY - only the winner of a DV.
> And oberserve my ass...
> "observer" <[email protected]> wrote in message
> news:[email protected]...
> > Immigration to USA is NOT a right for any alien.
> >
> > "Satellite" <[email protected]> wrote in message
> > news:[email protected]...
> > >
> > > "matrix" <[email protected]> wrote in message
> > > news:[email protected]...
> > > >
> > > > "Dan" <[email protected]> wrote in message
> > > > news:[email protected]...
> > > > | A class action lawsuit against BCIS was filed in Chicago on
> 09/16/03.
> > > > | The plaintiffs in the case are all people seeking adjustment of
> status
> > > > | or an application for a visa overseas, based on DV-2003, whose
> > > > | applications are not being processed due to administrative delay
> > > > | (typically caused by a delay in background checks). The lawsuit
> seeks
> > > > | to compel BCIS to process the plaintiffs' application under
DV-2003
> > > > | and to adjust the plaintiffs' status. If the lawsuit is successful
> it
> > > > | will allow BCIS to adjust the status of the plaintiffs this fiscal
> > > > | year.
> > > > |
> > > > | So far there are 5 individual plaintiffs listed in the complaint.
It
> > > > | is beneficial for the case if there are more individual
plaintiffs.
> If
> > > > | you are seeking adjustment of status based on DV-2003 and your
> > > > | adjustment is pending only because of a background check please
> > > > | contact me at the following address: [email protected]
> > > > |
> > > >
> > > > A nuisance lawsuit?
> > > > This is akin to a house guest suing the host because the bed or the
> > dinner
> > > > can't be made fast enough to their satisfaction.
> > > > A clear abuse of the US goodwill to afford the priviledge of
> > immigration,
> > > I
> > > > would think.
> > > > Since when did aliens have the rights to be expeditiously processed
> for
> > > > permanent residence to the USA at their convenience?
> > > >
> > >
> > > You think wrong.
> > >
> > > The BCIS is required by law to provide for the visas! If it doesn't
> > because
> > > of various reasons, well, then the US BCIS is not adhering to the law.
> Why
> > > not? After you win the DV you have the right of processing without
> delay.
> > > Nowhere are they talking about expedited processing! All they want is
> > > processing in due time.
> > >
> > > If the background checks take to long and you can't get adjusted
because
> > of
> > > it, you would feel different. If you have a backlog like they do, hire
> > some
> > > more people and work off the backlog!
> > >
> > > To your stupid comparison with a house guest: If you invite me for
> dinner
> > at
> > > 6 and don't feed me the same evening, I would get pretty pissed. If
you
> > > can't provide food the same evening, don't call for a dinner you
moron.
> > >
> > > And immigration is not a privilege, it's a right the US government
> > provides
> > > for!
> > >
> > > The aliens in this case are winners of a DV and they have the right by
> law
> > > to be processed in due time. Only you are turning words around and
talk
> > > about expeditiously and convenience.
> > >
> > > I welcome the aliens. They will be citizens of the US in the future
and
> > they
> > > will help to build up this country even bigger and better. And since
> they
> > > will be citizens in the future treat them with respect, ok? They are
> > people
> > > like you and me. (Hm, maybe not like you. Hopefully.)
> > >
> > >
> >
> >
> >
