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Created this thread for people to discuss legal remedies.
I personally nor through this blog endorse or oppose any lawsuits as of today June 16 ,2021.
I think US is a great country with a great legal system where anybody present in this country (legally or illegally) has a certain rights that the justice system uphelds.
So don't be afraid to pursue legal path if you feel like. This is not endorsement of any particular lawyer or law firm.
Does anyone have any opinions on joining Greg Siskind's lawsuit?
https://www.visalaw.com/indian-and-c...status-delays/
It's $2000. Cheaper than Premium Processing.
It seems all but certain that USCIS will waste a bunch of GCs this year given processing speed and CO's comments.
Some thoughts here: https://www.am22tech.com/uscis-green...avoid-wastage/
What do people think? I am leaning towards joining but don't know if it will help. I will be current in July's VB but so far have not even had biometrics and there has been no update on my I140 downgrade or EAD/AP filing.
I joined the suit. Like Idliman says, don't stay put. Keep the hustle on. In the worst case you may lose $2000 but you don't want to live with the regret that you had a shot and you didn't take it. If $2000 is not a big deal for you then go for it.Quote:
Originally Posted by abcx13
Knowing the role of Greg Siskind in the 2015 filing date fiasco lawsuit, I am dismayed by the naivety of the people willing to shell out 2000$ for this charade.Quote:
Originally Posted by abcx13
The user vsivarama mentioned about the guns immigrants provide to USCIS in an earlier post today. This is an expensive gun of 2000$ you are paying to get shot.
Could you please elaborate? My wife's H4-EAD was delayed and we were able to get it approved by joining a lawsuit by a different firm earlier this year. I am considering joining this lawsuit as well, and would love to hear your thoughts/suggestions.Quote:
Originally Posted by AceMan
Beg to differ. USCIS gets sued all the time. Even small time immigration attorneys start litigation against USCIS for various immigration related proceedings. Most of the time USCIS takes a soft approach because they don't have resources to stage a trial. I get your point about letting USCIS focus on processing GC. But regardless of what you do or don't, there is very little delta in USCIS processing time. What do you do in such case? Stay put or take action ? To be honest, it's every man for himself in this race.Quote:
Originally Posted by AceMan
Well, USCIS has lost mandamus / unreasonable delay cases for EB5 GCs and DoS / USCIS were forced to reserve DV GCs in 2020. They can't realistically play national security card on 100 random EB applicants suing for delays. Courts and judges aren't stupid. In my case, e.g., they haven't even taken biometrics so I'm not sure how national security comes into play. I appreciate your opinion but this seems a bit of an unfounded knee-jerk reaction (please don't take it personally).Quote:
Originally Posted by AceMan
I too would like to hear more about what Siskind did during the 2015 lawsuit.
I also realize that some people are against this lawsuit because one of the lawyers, C Kuck, is against S386. Obviously I am for S386, but if C Kuck can help me get the GC faster I don't really care what his views are on a bill that wasn't going anywhere anyway.
I do recognize that it is a gamble and we may lose in court and we may never know whether it helped get a GC faster.
A Google search doesn't yield anything conclusive on what adverse role Siskind played for 2015 VisaGate lawsuit. To be very frank, I don't understand much of concern about national security either and it seems we are just throwing darts at this point. I don't have a lot of hope for positive outcome either. Even if there is a slight chance, then $2K is a gamble I am willing to pay.Quote:
Originally Posted by abcx13
Cliff Notes: USCIS rescinded the Oct 2015 bulletin after releasing it with very favorable dates. Siskind et al argued and more importantly led people to believe that they could sue due to this because it caused harm and money to many people in preparation for the filings though USCIS was within it's rights to do so and there being nothing 'illegal' about it. People thought they had a chance and poured the money in to sign up as plaintiffs and lost their shirts.Quote:
Originally Posted by LightAtEndOfTunnel
Thanks TD for sharing piece of history.Quote:
Originally Posted by Turbulent_Dragonfly
Quote:
Originally Posted by abcx13
No offense taken. As you can see from my signature my dates are current and I have no beef or as you said no knee jerking in this subject.
According to the law USCIS is expected to process 140,000 EB visas a FY. Did they process that? The lawsuit is the one you should question. Why would he need 2000$ per person for being a part of lawsuit?
What Greg and other Lawyers wont tell you is that, while they can argue that USCIS needs to reserve visas etc but they cannot dictate how USCIS does its job. While It is entirely likely that this process kickstarts a discovery process, but is unlikely given the time constraints. What will happen though is USCIS can and potentially will issue frivolous RFEs to prove that it does not have documentarily qualified applications to process thereby creating an environment where it cannot legally process the 140,000 or the spillover numbers. It can always say didnt receive medicals or birth certificate and ask to resend ? wasting time. I wouldnt waste a second trusting Siskind law firm. When all you have is a hammer, everything looks like a nail.i would want to know why Siskind and his cronies dont work within the AILA and convince them to support removal of the per country quota cap. They are all executive committee members but are eerily quiet when AILA comes against the bill. Everytime. Trying to pretend to be the white savior of the teeming and desperate Indians schtick is getting old?Quote:
Originally Posted by qesehmk
The suit will definitely not be decided before then but that doesn't mean the judge can't issue a preliminary injuction reserving visas, as they have done for DV visas, instead of letting them go waste.Quote:
Originally Posted by mr00us
If Siskind wins the lawsuit, does it benefit all or only the plaintiffs ?
Can the other folks sue USCIS incase they cherry-pick and process only the plaintiffs applications out of order ?
Don't worry. Even he knows that he is not winning. His objective is to get 2000$ from each plaintiffs and if 1000 joins will get him millions.Quote:
Originally Posted by gsingh
The way it usually works is that a small group of defendants are included in the initial lawsuit. If that is successful, the attorneys will then request for class action to include all those who went through the same scenario.Quote:
Originally Posted by gsingh
I wrote to Siskind and his colleagues a couple of days ago asking for their successes / wins in other such cases they have filed but got no response so far.
Please use these emails: - "g.m.r.o.p.e.r at visalaw dot com", "m.m.ck.a.y at visalaw dot com" (remove the periods and format rest of the email)Quote:
Originally Posted by abcx13
My line of thinking is this like this: Chances of winning = Slim, Risk = losing $2000, Reward = Reserved visa # from 2021 pool, Career progression for my spouse.Quote:
Originally Posted by AceMan
$2000 is not a amount I'd miss sorely if the results are not favorable and I'd just be in same boat as the rest, left at mercy of USCIS. From what I see for 2012 filers (9 years long wait for next opportunity to apply for GC), I don't want to toss any opportunity out of window. I don't choose to be bitter because Siskind and his friends make a couple of millions, whether they win or lose. That's how capitalism works.
Who are thse people? I don't see them on the website. I wrote to the people who are on the Facebook videos - initials LA and JB and GS.Quote:
Originally Posted by LightAtEndOfTunnel
They are part of admin staff (https://www.visalaw.com/classificati...aff/?locale=en). I don't think you'll get any answers from attorneys who charge >$300/hr for consultation.Quote:
Originally Posted by abcx13
Exactly the kind of people, this con artist lawyer is targeting. It is very easy for him to gather 1000 of people who will not miss $2000. And fyi it's not capitalism, it is outright cheating. When you get cheated first time (read 2015 visa gate) its not your fault. When you willingly go to bed with the cheat by paying $2000 (read lawsuit 2021) the onus is on you.Quote:
Originally Posted by LightAtEndOfTunnel
Are you really here for immigration questions or promoting this lawsuit? Your answers seems too attorney like.Quote:
Originally Posted by LightAtEndOfTunnel
They sure seem to have a lot of time to post useless stuff on Twitter, but I guess that helps them get clients.Quote:
Originally Posted by LightAtEndOfTunnel
LOL, your views against Suskind, based on anecdotal evidence and against folks who downgraded and trying to play catch-up seem too polarized too and I respect that. Remember USCIS is not government funded agency. It operates solely based on application fees. Yesterday you mentioned, people who filed I-140 PP for downgrades only creates more work for USCIS. Mind it, PP is large source of revenue USCIS that also funds processing for your GC. I am not here to promote anyone, but sincerely I have suffered enough share of my pain. I landed in US in 2005 with I-20 signed from a prestigious UC. Then over years, I saw all my friends who landed with me, get naturalized, and my spouse had to see failure at obtaining residency three times in 5 years because you are not even eligible to apply at half the programs because of your immigration status and there are like 5-6 seats available in a college. Heck I would have bought my way through EB-5 if I had any sense to do business but all I am good at is, crunching numbers and write python code.Quote:
Originally Posted by AceMan
Let us limit our focus on the merits and demerits of this lawsuit please. The funding of USCIS is not the topic of lawsuit. I would like to keep away from personal "what if something happened" choices too.Quote:
Originally Posted by LightAtEndOfTunnel
The aim of the lawsuit from their FAQ - This lawsuit aims to force USCIS to adjudicate employment-based Adjustment of Status applications before the end of the fiscal year in September 2021, or to “hold over” visa numbers so that they do not disappear if USCIS fails to timely adjudicate these cases.
Analyze the first part of the sentence.
Force USCIS to adjudicate EB based AOS before September 30th 2021. Anyone who has a reasonable understanding of EB based immigration should understand that US courts don't work under the time limit gun.
You can take a look at another lawsuit filed in 2015 on a topic I followed very closely. https://www.aila.org/infonet/dist-ct...jobs-usa-v-dhs. The suit is still running well into 6th year.
Hence the first part of the statement is not a workable goal.
Next part - To “hold over” visa numbers so that they do not disappear if USCIS fails to timely adjudicate these cases. The laws is very clear on this. Use it or lose it.