susie
06-22 10:43 PM
CALIFORNIA IMMIGRATION LAW FIRM FILES CLASS ACTION LAW SUIT AGAINST USCIS ON BEHALF OF IMMIGRANTS
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
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srikondoji
09-19 12:06 PM
I and manish flew monday morning sept 17th on a short notice to attend 11:30AM appointment and then again at 3:30 PM with nagaraj.
We had 2 more appointments on 18th with NH senators.
All the meetings were great and one them exceeded 30 minute schedule to 50 minutes.
It was great to meet all the members like aman, jay, paskal, kanika, meenal, nagaraj, pappu, gopal etc.
Paskal: Where is my beer?
Gopal: "Don't shoot the messenger" in the situation room.
jay: Speech pointing fingure to capitol hill behind him. "We are here on offence".
Mike: Step1 to step 5 entertainment
These are some, but not all, of the memorable things in DC.
I really had to mention pappu seperately.
He is a dedicated person to this cause and needs special mention. I really enjoyed his company in the bus on our return journey to NH. We shooted all possible questions and got convincing answers.
Thanks again for the wonderful experience.
It was a true vacation.:eek::eek:
We had 2 more appointments on 18th with NH senators.
All the meetings were great and one them exceeded 30 minute schedule to 50 minutes.
It was great to meet all the members like aman, jay, paskal, kanika, meenal, nagaraj, pappu, gopal etc.
Paskal: Where is my beer?
Gopal: "Don't shoot the messenger" in the situation room.
jay: Speech pointing fingure to capitol hill behind him. "We are here on offence".
Mike: Step1 to step 5 entertainment
These are some, but not all, of the memorable things in DC.
I really had to mention pappu seperately.
He is a dedicated person to this cause and needs special mention. I really enjoyed his company in the bus on our return journey to NH. We shooted all possible questions and got convincing answers.
Thanks again for the wonderful experience.
It was a true vacation.:eek::eek:
srikondoji
02-01 07:28 PM
Please give the complete context and its status.
Did we miss the bus?
--sri
Did we miss the bus?
--sri
2011 Andy Murray v John Isner
santb1975
06-03 01:27 PM
We are building momentum
more...
Ramba
10-05 05:15 PM
why would EB2 retrogress to before 2003? It was at 2003 for a long time (8 months?). The only people still with PD of EB2 2002 are the ones just getting out of BEC, there cant be too many of them...
There may be some EB2 Indians with PD in 2002 and 2003 (with traditional non-RIR LC) got out of BEC recently. If 1,500 Indian non-RIR LCs (with EB2 PD 2003)certified recently from BEC, that is sufficent to move the date back to 2003 for India again. Having said that, it is all prediction. No one knows, except USCIS. My prediction is just based on the magnitude of 485s (800K) filed recently, as is has all kind of composition in huge manitude, apart from so many 485s already pending due to name check.
There may be some EB2 Indians with PD in 2002 and 2003 (with traditional non-RIR LC) got out of BEC recently. If 1,500 Indian non-RIR LCs (with EB2 PD 2003)certified recently from BEC, that is sufficent to move the date back to 2003 for India again. Having said that, it is all prediction. No one knows, except USCIS. My prediction is just based on the magnitude of 485s (800K) filed recently, as is has all kind of composition in huge manitude, apart from so many 485s already pending due to name check.
praveenuppaluri
01-23 01:45 PM
comeon IV
its different from person to person in so many ways, the above topics are good for general discussion but no one can generalize good or bad for rent vs own.. no way.. depends on many factors.. for some renting is the best option and for some people owning works best - GC or No GC is just one of the factors..
I own a townhome (20 yrs old) close to my work and pay $50 more than the rent in this location (marietta, GA). My GC just started (EB2).. it worked out good for me as I got a good 30 yr fixed rate. but thats my condition - I can't comment on someone happily living in an apartment - its their best choice for their circumstances.. Rent vs Own is not a absolute choice as good vs bad - in my opinion.. it just depends..
Praveen
its different from person to person in so many ways, the above topics are good for general discussion but no one can generalize good or bad for rent vs own.. no way.. depends on many factors.. for some renting is the best option and for some people owning works best - GC or No GC is just one of the factors..
I own a townhome (20 yrs old) close to my work and pay $50 more than the rent in this location (marietta, GA). My GC just started (EB2).. it worked out good for me as I got a good 30 yr fixed rate. but thats my condition - I can't comment on someone happily living in an apartment - its their best choice for their circumstances.. Rent vs Own is not a absolute choice as good vs bad - in my opinion.. it just depends..
Praveen
more...
alterego
06-26 06:57 PM
I am not a kid. I know these things. Read properly what he said.
"It is possible that the filings could be discontinued later in July"
I just wanted to share this information with you all guys. I am not gaining anything by putting this in this forum. If you feel like taking it, take it else ignore it. There is no harm in sharing.
All Sh!# in this world is possible. Heck, if I say it is possible the world could end tomorrow..................even that is possible if not probable.
Why not focus on the realities and likelihoods rather than fearmongering done by special interests, who send you information with secondary gain.
Your defense of "I'm just putting it out there for you all to decide" sounds like the crappiest lame excuse for misinformation that I have heard in an eternity.
Spare us will you!
"It is possible that the filings could be discontinued later in July"
I just wanted to share this information with you all guys. I am not gaining anything by putting this in this forum. If you feel like taking it, take it else ignore it. There is no harm in sharing.
All Sh!# in this world is possible. Heck, if I say it is possible the world could end tomorrow..................even that is possible if not probable.
Why not focus on the realities and likelihoods rather than fearmongering done by special interests, who send you information with secondary gain.
Your defense of "I'm just putting it out there for you all to decide" sounds like the crappiest lame excuse for misinformation that I have heard in an eternity.
Spare us will you!
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desi3933
06-25 07:36 AM
When my lawyer applied for my H1B extension she forgot to apply for my wife's H4 extension (Form I 539). Now after about year and half when we are preparing to file for our 485 status adjustment we she found out that she forgot to apply for that. So she is now filing the Form I 539 with an explaination. So that means my wife has been out of status for almost more than a year now unknowingly. How much of a chance does she have to have her form I 539 approved now? Any response would be very much appreciated.
Thank You
It is very likely that I-539 will be approved without new I-94 and she will be asked to get new visa stamp and re-entry in US.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Thank You
It is very likely that I-539 will be approved without new I-94 and she will be asked to get new visa stamp and re-entry in US.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
Canadian_Dream
01-24 02:04 PM
You sure are doing great with your marathons and beers, but anyone not doing these is no less productive or less American than you are !!!
My friend Achoo,
My simple policy is, i donot care how my kids or beer buddies are behaving; i do make sure i do no harm and enjoy my exercise ( marathons) and beer.....
thanks for reading.
My friend Achoo,
My simple policy is, i donot care how my kids or beer buddies are behaving; i do make sure i do no harm and enjoy my exercise ( marathons) and beer.....
thanks for reading.
hair US Open 2009: Andy Murray
yabayaba
09-25 11:53 PM
AC21 is not a Law, its a internal memo....need not to be followed...
more...
senthilvs
10-06 09:16 PM
I sent it on Thursday Sep 11th before hurrican IKE to CGI Houston. Money order was cashed on Sep 23rd. Sent $60 including the express mail for returning the new passport. I haven't received yet. Calling them doesn't help a lot. Does anybody think going in person will help? Do I need to get an appointment to enquire about the passport application? Thanks in advance for your help.
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k_usa
12-14 10:55 PM
This is an excellent idea.
I have sent invitation to 2 of my friends.
I came to know about this site by looking at a post from one of the website where i visit daily (www.idlebrain.com).
Members should post immigrationvoice.org link in all the forums which they know
I have sent invitation to 2 of my friends.
I came to know about this site by looking at a post from one of the website where i visit daily (www.idlebrain.com).
Members should post immigrationvoice.org link in all the forums which they know
more...
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ski_dude12
05-01 10:45 PM
On what basis does DOL pick a company for audit?
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jchan
05-21 09:21 AM
It would be great if all those messages were from IV. But how do we know that our opponents are not doing the same thing ? Let's be optimistic though. Good job, IV members. Let's keep those phone calls going.
So I read that the amendment for recapture has been removed from the funding bill. Guess we are back to the start again? This really makes me to start hate the fact that we are held as the hostage of illegals
So I read that the amendment for recapture has been removed from the funding bill. Guess we are back to the start again? This really makes me to start hate the fact that we are held as the hostage of illegals
more...
pictures ANDY Murray has revealed that
syzygy
05-16 01:59 PM
Hello,
I just called all the offices and mostly their front end people took the message. Most of them knew beforehand of immigration voice and the bill numbers top of their hear. So all who have not done it please do it, it takes only 5 minutes.
I just called all the offices and mostly their front end people took the message. Most of them knew beforehand of immigration voice and the bill numbers top of their hear. So all who have not done it please do it, it takes only 5 minutes.
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anil_vp
01-24 10:33 PM
Hi,
My company is applying my GC in EB2 Category.My attorney has suggested me to get the experience letters in new format (includes job description,duties etc....).
I have experience letters from Indian employers in different formats.I am finding it difficult to get the letters in new format from them.
Can anybody tell me how can this can be manage by attorney or any suggestion?
anil_vp
My company is applying my GC in EB2 Category.My attorney has suggested me to get the experience letters in new format (includes job description,duties etc....).
I have experience letters from Indian employers in different formats.I am finding it difficult to get the letters in new format from them.
Can anybody tell me how can this can be manage by attorney or any suggestion?
anil_vp
more...
makeup Andy Murray buys Surrey
SGP
04-17 05:26 PM
$$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
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eb3_nepa
06-29 01:13 PM
Where do you see that? In his alert today, he only mentioned about the need to get the medical done asap. I don't see any retraction there. Am I missing something here?
What I meant is that he has REMOVED that advisory from the site. He has not printed an actual retraction.
What I meant is that he has REMOVED that advisory from the site. He has not printed an actual retraction.
hairstyles Andy Murray celebrates the end
amitjoey
12-21 05:06 PM
I think everyone is interested in fighting amongst themselves over I-485 instead of doing something for IV. They will never do any effort but will spend lot of time complaining and writing about their big ideas on the forums. I think moderators should not even respond to members that have not yet updated their profiles. This will compell everyone to update their profile. Membership is also not increasing. How many of us have used the invite your friend tool till now?
Exactly, well said. Thanks
Exactly, well said. Thanks
akhilmahajan
08-04 08:43 AM
Please act on the following Action Items.
clove
05-02 07:00 PM
I am in a similar situation. After failing to get a definite answer on the exact time taken by the process of changing status to H4 while in the US, I have decided to take a trip to India to get this stamped instead. I was told that change of status to H4 needs to be approved before starting school, simply showing proof of having applied for COS is insufficient. But if you apply for change of status to F1,then approval is not required before starting school. However I would suggest you confirm this from your lawyer/school.