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dealsnet
03-19 08:17 AM
See Ron Gotcher's Immigration news letter.
http://imminfo.com/resources/newsletter/2008-03Newsletter.pdf
http://imminfo.com/resources/newsletter/2008-03Newsletter.pdf
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dhirajs98
06-11 02:16 PM
Sent an email out and forwarded it to 4 friends.
nojoke
09-17 10:06 PM
it seems like that ...actually if things get worse and many of us indeed lose jobs ..then I guess the mighty GC will finally become just a silly card.
here is a link which explains why it is not yet over ..I was talking to a friend and he told me that credit card companies, auto loans , commercial loans are in big trouble and could be the next shoe to drop. as for housing ..there was a small light at the end of tunnel ..but it seems that it was big bang collapse of wall street ..
------------
http://finance.yahoo.com/banking-budgeting/article/105782/How-We-Got-Here-It-Is-Housing-Stupid
It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)
here is a link which explains why it is not yet over ..I was talking to a friend and he told me that credit card companies, auto loans , commercial loans are in big trouble and could be the next shoe to drop. as for housing ..there was a small light at the end of tunnel ..but it seems that it was big bang collapse of wall street ..
------------
http://finance.yahoo.com/banking-budgeting/article/105782/How-We-Got-Here-It-Is-Housing-Stupid
It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)
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wanna_immigrate
06-13 12:59 PM
Looks like CIR will be back
http://www.chron.com/disp/story.mpl/ap/tx/4886286.html
http://www.chron.com/disp/story.mpl/ap/tx/4886286.html
more...
amsgc
02-04 10:08 AM
...
zuhail
03-29 07:29 PM
Hi,
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.
So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.
Thanks.
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.
So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.
Thanks.
more...
Macaca
09-19 09:33 AM
The placards were heavy. My shoulders hurt and I workout 4 days/week.
Workout with a physical trainer specially trained in carrying placards before the rally!
Workout with a physical trainer specially trained in carrying placards before the rally!
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shreekhand
07-09 06:47 PM
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
more...
gc28262
06-10 01:01 PM
svr_76,
Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.
Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.
Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.
Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.
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ivdude
01-16 05:04 PM
I faced this pain before christmas
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tooclose
07-12 06:52 PM
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?
Gurus post your thoughts...
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?
Gurus post your thoughts...
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ashishgour
09-10 02:03 PM
Guess they had an extended lunch session...!!! Finally back..but no discussion yet...
more...
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Tito_ortiz
02-28 01:03 PM
If you tired, why do you keep reading it? I think it is so irrational trying to admonish others.
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
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pappu
04-10 11:09 PM
Brain less Ganguteli,
Looks like you are a pest in this community. All the time I hear from you update your profile. What the heck are you goign to do with that other than just saying something. Chillout dude.
You are driving people away from this site. Sanju is another guy talks like a moron.
With your PD and category, how were you able to file your I485 in 2006?
I do agree that these guys get a bit irritating at times. I have warned Sanju once when he crossed the line.
But I do request everyone to fill in the correct profile data. This data is very useful to us. Pls check IV wiki for an explanation of this.
Looks like you are a pest in this community. All the time I hear from you update your profile. What the heck are you goign to do with that other than just saying something. Chillout dude.
You are driving people away from this site. Sanju is another guy talks like a moron.
With your PD and category, how were you able to file your I485 in 2006?
I do agree that these guys get a bit irritating at times. I have warned Sanju once when he crossed the line.
But I do request everyone to fill in the correct profile data. This data is very useful to us. Pls check IV wiki for an explanation of this.
more...
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gc03
07-24 03:36 PM
Mr. Gonz�lez,
I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.
My Question:
Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.
Regards,
I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.
My Question:
Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.
Regards,
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rambo45
09-26 02:56 PM
I got a similar reply as above from CNN
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jungalee43
03-03 06:24 PM
I will buy my house in US as soon as BUT ONLY AFTER I get my green card as thousands of other applicants have done.
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ek_bechara
10-15 03:11 PM
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
Let me clear a misconception for you. It is not a peaceful protest because USCIS will not know why and for what reason you are sending the flowers. Even if it did - you need to realize that the entire system needs a fix and I will say this one more time, FLOWERS are going to change jack-shit.
Take productive things to the table to discuss. Let me give you a few pointers
1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
So for heavens sake, stop this nonsensical flower campaign. You will only piss off the folks at USCIS. Last time the flowers were re-routed to the nearby V.A hospital. This time will be no different.
In management when things dont get done at one level what do you do? You go one level above and deal with higher-ups, make your case, and usually the outcome is that the person at your level who is butting heads with you will accept what you are saying because his boss asked him to shut up and do what you are asking.
We can keep barking up the wrong tree or just circumvent USCIS and take the higher up route. For that we need representation in the corridors of power.
Whatever I'm saying will not make much sense. So forget it. Go ahead with the flower campaign. All the best.
Let me clear a misconception for you. It is not a peaceful protest because USCIS will not know why and for what reason you are sending the flowers. Even if it did - you need to realize that the entire system needs a fix and I will say this one more time, FLOWERS are going to change jack-shit.
Take productive things to the table to discuss. Let me give you a few pointers
1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
So for heavens sake, stop this nonsensical flower campaign. You will only piss off the folks at USCIS. Last time the flowers were re-routed to the nearby V.A hospital. This time will be no different.
In management when things dont get done at one level what do you do? You go one level above and deal with higher-ups, make your case, and usually the outcome is that the person at your level who is butting heads with you will accept what you are saying because his boss asked him to shut up and do what you are asking.
We can keep barking up the wrong tree or just circumvent USCIS and take the higher up route. For that we need representation in the corridors of power.
Whatever I'm saying will not make much sense. So forget it. Go ahead with the flower campaign. All the best.
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pappu
02-04 02:27 PM
Some questions to those who are supporting country cap.
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Big question:
Why not put a country cap on the CIR for all undocumented?
What are the reasons for not doing that?
Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Big question:
Why not put a country cap on the CIR for all undocumented?
What are the reasons for not doing that?
Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?
meridiani.planum
03-16 11:15 PM
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
pappu
07-01 10:22 PM
Info on the lawsuit by AILA:
==============
USCIS VISA BULLETIN/
VISA AVAILABILTY LAWSUIT
Frequently Asked Questions about Participating in this Lawsuit
AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
Q: What is AILF?
A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
Q: What is this lawsuit about?
A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
[other worker category]
A foreign national who:
Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
[other employment-based categories]
A foreign national who:
Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
Q: Why should I be a plaintiff in this lawsuit?
2
A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
Q: What is likely to happen because of the suit?
A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
Q: How much time must plaintiffs spend on this lawsuit?
A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
3
a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
Q: Will it cost me anything to be a plaintiff in this lawsuit?
A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
Q: Will anyone know that I am a plaintiff in this lawsuit?
A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
===============
==============
USCIS VISA BULLETIN/
VISA AVAILABILTY LAWSUIT
Frequently Asked Questions about Participating in this Lawsuit
AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
Q: What is AILF?
A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
Q: What is this lawsuit about?
A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
[other worker category]
A foreign national who:
Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
[other employment-based categories]
A foreign national who:
Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
Is otherwise eligible for adjustment of status; and
Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
Q: Why should I be a plaintiff in this lawsuit?
2
A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
Q: What is likely to happen because of the suit?
A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
Q: How much time must plaintiffs spend on this lawsuit?
A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
3
a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
Q: Will it cost me anything to be a plaintiff in this lawsuit?
A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
Q: Will anyone know that I am a plaintiff in this lawsuit?
A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
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