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Lawsuit challenges green card delay
Law Center | 2007/07/07 06:22

A woman is seeking class-action status for a lawsuit that claims the federal government violated her constitutional rights when it announced that no new employer-sponsored green card applications would be accepted until the fall.
The lawsuit was filed Friday in federal court by Gabriela Ptasinska, a Polish immigrant who has a temporary work visa sponsored through her job at an engineering consulting firm. It is among the first challenging the U.S. State Department's decision.

In June, the State Department announced that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. The announcement meant that as early as this past Monday, Citizenship and Immigration Services would begin accepting applications, which require a lengthy process including certified documents and medical exams.

But an update posted Monday on the State Department Web site said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month," meaning no further applications would be authorized, effective immediately.

The department called the backlog reduction efforts an "unexpected action" and said employment visa numbers would be available Oct. 1.

Ptasinska—who flew from Chicago to Lincoln, Neb., on Monday in hopes of being among the first to submit a green card application—is seeking

a ruling that would keep the application from being rejected, according to her attorney Ira Azulay.
The lawsuit names several government officials and agencies, including the U.S. Citizenship and Immigration Services, the U.S. Department of State and Secretary of State Condoleezza Rice.

State Department spokeswoman Leslie Phillips said that the agency does not comment on litigation. Calls to Citizenship and Immigration Services went unanswered.

Immigration groups like the American Immigration Lawyers Foundation claim thousands of people across the country have spent time and money on attorneys and the application.

Spokesman Tim Vettel said the foundation is in the process of preparing a similar lawsuit.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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