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[immigration]
DOS Expected to Revise July Visa Bulletin! Lawsuit guys
nf
2007-07-01 01:22:51
nf
2007-07-01 01:22:51
Update to the NewsFlash Below
Click here for NewsFlash
Posted Jun 30, 2007
, 2:00 p.m. ET
©MurthyDotCom
We know the news of the potential changes in the July Visa Bulletin has been spreading through the immigrant community, and generating many questions. Following is a brief explanation of what appears to be happening, and some guidance as to where this might lead.
©MurthyDotCom
Why this Unusual Behavior
?
©MurthyDotCom
We think that, apparently, the reason for this strange unfolding of events is that, by completing adjudication of an unprecedented number of I-485 cases, the USCIS is pushing the DOS to issue a revised Visa Bulletin early next week. The goal of USCIS appears to be to make the immigrant visa numbers "unavailable" as early as possible by exhausting the entire visa numbers for fiscal year 2007 (until Sep 30, 2007). There is a lot of speculation as to the reason for this, including that the USCIS does not want too many I-485 cases to be filed while they are trying to clear their backlogs and that they want people to pay the substantially higher USCIS filing fees that will take effect from July 27, 2007 onwards. What ever the reason, we believe their actions are not acceptable and are in violation of the law.
©MurthyDotCom
USCIS Action Would Violate its Precedent and its Own Regulations
©MurthyDotCom
If the DOS issues a revised Visa Bulletin, and the USCIS uses that revised Bulletin as the excuse to reject all employment-based (EB) cases, then it violates their own precedent for over half a century and it is a violation of the USCIS's own regulation to accept cases during the month that the DOS Visa Bulletin shows visa number availability. Nothing like this has ever happened before June 2007. It is an alarming development, which must be addressed.
©MurthyDotCom
If No Change
©MurthyDotCom
If nothing changes next week and the DOS and USCIS decide to continue business as usual, then one all can continue to file during the month of July 2007. This has been the traditional position historically with the USCIS in accepting I-485s during the month when the Visa Bulletin shows availability for the month. This means that, historically in this situation, a person was allowed to file an I-485 for all eligible family members and obtain the EAD and AP based on the I-485 filing, as long as the case reached the USCIS on or before July 31, 2007.
©MurthyDotCom
If USCIS Rejects I-485s Filed in July 2007
©MurthyDotCom
If the DOS issues the revised Visa Bulletin and the USCIS uses that as the reason to reject I-485s, then the only remedy will be a lawsuit against the USCIS. The American Immigration Law Foundation (AILF) has already been authorized to file a lawsuit and is looking for class action plaintiffs. In order to sue, a person needs to show that s/he was harmed by the actions of the government. This likely will require the person to file the I-485 so that it reaches the USCIS during July 2007, then the person must show that the USCIS rejected that package improperly. The person may also need to show the harm suffered, financial and otherwise; for example by the person and family members not being able to work with the EAD.
©MurthyDotCom
What Can One Do in the Meanwhile
?
©MurthyDotCom
There are two things one can and should do at this stage.
©MurthyDotCom
1. Go about collecting documents to prepare the case for filing, as usual.
©MurthyDotCom
2. Read the provided information from AILF and educate oneself on the lawsuit, what it means, and what is required to become a plaintiff, should this become a reality.
Please only read to become familiar - do not .
©MurthyDotCom
VISA BULLETIN / VISA AVAILABILITY LITIGATION : AILF
©MurthyDotCom
FAQs about participating in possible lawsuit
©MurthyDotCom
Questionnaire for potential plaintiffs
©MurthyDotCom
The Murthy Law Firm has been a strong supporter of AILF for years now and we are pleased that they have been proactive so promptly to help thousands of affected people and families.
©MurthyDotCom
Please watch for updates from our office. We are working day and night to stay on top of things, as new developments arise.
nf
2007-07-01 01:24:23
I will participate the lawsuit for sure
gc2020
2007-07-01 01:40:18
People who are desperate to join the class lawsuit
继续阅读
请问小白兔：能否到墨西哥激活H1B？
Another_H1B 2007-07-01 00:57:01
紧急请教小白兔, pjiang和各位知情人：
AllWillHave 2007-07-01 00:56:53
JIAN老师,我是PRICIPAL IMMIGRANT 又是SPONSER,怎么填I-864的PART2和PART3?多谢了!
xy911 2007-07-01 00:41:39
急问请问I485周一送到NSC门口他们会收吗？谢谢
efoo 2007-07-01 00:35:50
请问I485son
efoo 2007-07-01 00:34:30
请问老师们,我需为每个家庭成员添一份I864吗?
xy911 2007-07-01 00:13:14
should OPT application count as EAD application in 765 filing?
yz007 2007-07-01 00:05:23
再次请教各位老师: 7岁的孩子需要I485表吗
虚心求教888 2007-07-01 00:05:18
do i need I-94 when enter US with green card?
txc485 2007-07-01 00:04:33
After I-485, what is the status?
tango88 2007-06-30 23:45:24
同作者
EAD holder 申请 H4
nf 2008-05-16 20:57:55
Have all the July 2nd filers got your receipt number?
nf 2007-07-26 20:37:25
7.2 people
nf 2007-07-18 21:28:25
这次的影响是短暂的。
nf 2007-07-18 16:16:54
07/17/2007: USCIS Deal Reached (From OH)
nf 2007-07-17 21:48:54
seems good new is commming for AOS july kaos
nf 2007-07-13 17:50:11
化悲痛为力量,特别是自己花钱办的DXJM
nf 2007-07-02 21:17:33
酒来了,我就不客气了.
nf 2007-07-02 20:51:47
散会. 俺等到10月再交.
nf 2007-07-02 18:42:37
预言:老墨去游行,老中99%看热闹
nf 2007-07-02 18:32:25