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    07-09 02:26 PM
    FOR IMMEDIATE RELEASE



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



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



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



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



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



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



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





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



    Azulay, Horn & Seiden, LLC (www.ahslaw.com) is Chicago�s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at info@ahslaw.com.





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  • qasleuth
    05-26 06:05 PM
    You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible.

    I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.

    when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference.
    Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.


    AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.

    Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.





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  • slowwin
    07-23 07:56 AM
    now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:





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  • immi_seeker
    07-13 11:26 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    But where are we getting these numbers like say 20k visas are available for EB2..



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  • invincibleasian
    01-31 06:18 PM
    Well excuse me, but people having queries other than the reason why this thread was started, please create a new thread.
    Sorry to say so, but my query for travel has been sidelined because of other issues.
    thanks in advance for your cooperation.
    Dude quit hogging any thread!





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  • smuggymba
    03-12 11:12 AM
    great job guys. There was no spillover and the dates did not become current and everyone is blaming IV. Stop contibuting to IV if they are the one's who were not able to make it current. Stop ranting like ladies in a kitty party.



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  • Rockford
    08-29 03:36 PM
    I moved to a desi consulting company after I got layed off in 6th year of h1b. ..................... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. ............ and finally I had to talk to my employer and we deicded not to use their services anymore just for my case,.


    Chandu,

    Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.

    I am sure there are other issues with your lawyer, but this case is kind of fair.

    There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.





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  • Ganesh99
    07-04 06:07 PM
    I think we should use this opportunity to lobby Congress to pass Legislation to help legal immigration that are least controversial.

    1. We should be able to file 485 independent of priority dates.
    2. Exempt dependents from VISA cap.

    In my opinion pursuing a lawsuit may not help us much.
    We should raise money to pursue lobbying instead of the lawsuit.

    IV should use this opportunity to reienforc the lobbying efforts and fund raising effors.

    For my part, I will contribute individually and willing to particpate in any fund raising efforts in my area (North West Boston area).



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  • yabadaba
    09-26 10:53 AM
    my email:

    Sir/ Ma'am,

    Is this article a systematic effort on the part of CNN to propagandize the Dobbs doctrine of immigrant bashing?

    We rallied and marched for relief from the permanent residency process (green cards as you call them) and not for an increase in H1B.

    Shame on you for these blatant lies and misinformation campaign that seems to be part of your agenda.

    Thanks





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  • logiclife
    12-20 07:55 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).

    This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.

    The section is 8 USC � 1255 (k). Also known as 245(k).

    Here is how to find the text of 245(k) on USCIS website:

    1. Go to USCIS.gov
    2. Go to "Laws and Regulations" menu item on top menu.
    3. Click on "Immigration and Nationality Act" on the left menu.
    4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
    5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
    6. Under Act 245, go to section (k), the lowercase k.

    You will read this :

    (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien's admission.


    Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    Go to (k) -lowercase k.



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  • gcformeornot
    08-15 03:59 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html





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  • kumarc123
    10-23 02:01 PM
    Obama clearly explained that he wanted to end abuses of the H1-B visas that is used by highly qualified specialists to work in US. He added that he would make "immigrant workers less dependent on their employers for their right to stay in the country, and would hold accountable employers who abuse the system and their workers".

    I read that too, the problem is that American people have now become aware of the H1B visa abuse, I believe all these Desi vendor/body shops have really abused the system to the root. If democrats take over, which I interpret they most likely will, they will put out much strict regulations on these small companies. I know some people in my university are planning to join a community that will report the Desi companies abusing the system to department of commerce, because their are some people who failed to get H1b visa in last two years due to the lottery system.



    Thanks



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  • gccovet
    09-10 11:08 AM
    There were discussing the first bill - something about horses.
    They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)

    funny ... but true..

    aliens comes after humans and animals :)





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  • vicky007
    04-26 02:50 PM
    Guys,

    I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
    President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.

    Regards.



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  • webm
    03-19 11:39 AM
    I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
    Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
    I will call again on Apr 4th and keep the forum updated.

    Thanks for the update!! dude...





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  • GCplease
    03-04 09:26 AM
    I am with Singhsa on this.

    Recapture of un-used visas alone can make a huge difference.

    Recapture of the unused visas which amounts to 160,000 and the yearly quota of Employment based visas for 2008 will add up to 300,000 visas which would approximately mean 150,000 families getting a Green Card.

    Once people get a Green card, they�ll feel secure about their future and start thinking about buying a home and settle down. 10% of this may already have a home. 40% may not have the intention of buying a home due to various reasons. If the remaining 50% decide to buy a home after they get a green card, that amounts to 75,000 homes being taken off the real estate market.
    This will not completely remove the housing crisis, but it will definitely ease it a little bit.

    Legal immigrants have a very good credit score and the Lenders will be more than happy to offer them loans. At an average home value of $ 200,000, this will amount to Fifteen Billion Dollars which will work along with the President's Economic Stimulus Plan in bringing the nation out of Recession.

    My assumptions are very conservative here. Even thought the average price for a home in US is around 200k, most of our guys live in costly places where houses will average around 300k.

    We are not offering to USCIS that so many of us will buy a home if we get a greencard. we are just showing them the potential here.

    We are not asking them to change their laws to increase the quota of green cards. all they have to do is, do some administrative fixes (which we are lobbying for in the Letter to President Campaign) whereby they can re-capture un-used visas.



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  • smuggymba
    09-10 06:05 PM
    smuggymba

    what happened to your earlier PD. I think it was in mid 2004 or so, correct?

    no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.





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  • greyhair
    09-09 02:36 PM
    With republican House there is zero chance of anything happening on any kind of immigration bill. Nothing other than border security will be taken up. It will be best to kiss good bye to GC dreams if republicans win the House.





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  • sameer2730
    03-12 11:23 AM
    First of all I don't know who sachbole is ?

    I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

    That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.

    It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.

    If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.

    Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.

    Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
    "Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"





    grinch
    02-13 11:13 AM
    Uh no,
    this is what the rules are, sorry man.





    thirdworldman
    02-16 07:11 PM
    Thanks for all the compliments folks, I appreciate the encouragement. Soulty, yes, that is the perspective I've been working toward..in fact, I've so far modeled everything around that perspective...i.e. everything looks like crap if viewed at a different angle. I'm open to suggestions though.

    I also agree with what Soulty said about not quitting--especially not on my behalf. This project should be fun, and from what I've learned, every 3d project is a huge learning experience and there are so many directions you could go with it.



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