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Greg Siskind on Immigration Law and Policy

BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS

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I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.



Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution),  another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.



An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.



I'll update you as I learn more.

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  1. olivia's Avatar
    Thanks for your update!
  2. aristotle at IV's Avatar
    Thanks Greg! Either way, it looks like some relief for July filers. Hope they announce the decision soon!
  3. mercedes's Avatar
    Greg, you're the best! Keep on the good work!
  4. DutchSlacker's Avatar
    It makes you wonder why USCIS suddenly wants to resolve this whole fiasco. Assuming their lawyers must have advised them to cooperate, they must think there is a high risk of losing any potential lawsuit.
  5. beemer's Avatar
    Greg you are great, thanks for updating is
  6. shah's Avatar
    Greg ..ur breaking news is ahead of the rest. I love ur blog
  7. nk's Avatar
    Thanks for the info Greg
  8. alex's Avatar
    Yeah, as I always said, the solution will be to accept only applications received on July 2 because those applicants had no chance to read the bulletin update, and they have stronger case in court. For the rest, DHS and DOS believe that they're right to update the bulletin, and have no reason to accept their applications. They believe they can convince a judge that there is no reason to expect the bulletin to be updated only once a month and that everybody after July 2 has been given sufficient notice not to proceed with filing. My lawyers think that DOS and DHS have very strong chances to win the lawsuit on this argument.

    Besides, the number of application after July 2 is so huge that if they're all accepted, it'd result in making all India and China categories unavailable for the next two years -- not a good solution.

    Everything else will require passing new laws.

    Update: A friend just called me who has someone at USCIS. He confirmed that they're debating what to do with huge number of applicants after July 2 until July 30. One popular idea is to give them EAD + AP but reject I-485. The question is it is not clear how legal that is, and maybe they'll just accept all July 2 applications now, and offer some relief to rest of July in the form of settlement with the lawsuit.
  9. amrita's Avatar
    I don't think there will ever be any other change if there is no permanent solution being worked out. I was affected by the July bulletin but I don't want other future EB applicants to be in the same boat as us. The true picture is that the CIS is still not doing it for legal immigrants but all of this is just to cover their mess up. We should make the most out of this political attention and strive for a permanent relief.
  10. italina's Avatar
    Everybody is talking about cases received on July 2nd, but I think they should consider cases that sent out before their official announcement that visa number is no longer available.

    BTW, I love your blog, Greg!
  11. Mike's Avatar
    Alex,

    What about those people who sent out on July 2nd before the revised VB was out? they do not have chance to see it either.
  12. DutchSlacker's Avatar
    That's probably what they'll do. Everything that's postmarked before July 2nd will get accepted.
  13. amrita's Avatar
    I forgot to thank you Greg in my earlier comment. Thanks for updating us and sharing this information. Keep up the good work and for supporting legal immigrants and Immigration Voice.
  14. BHU's Avatar
    Thankyou Greg for all the support you are providing us...hope we all get a permanent solution with no more backloggs again and again...I hope they resolve the matter benefiting for people like
    us.
  15. Jon's Avatar
    Everything should be accepted until July 31, 2007. USCIS just have to apologize and accept that they miscalculated the visa allocation and then they can make the necessary adjustment on August Visa Bulletin.
  16. TH's Avatar
    USCIS has done this in the past where they accepted applications when numbers became suddenly unavailable. Why can't do this again this time that they made a huge mistake.
  17. Olivia's Avatar
    Italina , I agree with you.
  18. In Immigration Limbo's Avatar
    I hope they are checking with good counsel. If they come with some half-baked solution, there is a potential that many people could get screwed by "the law is an ***" type of scenarios, of the type documented on this website. I, for one, don't have a lot of trust or faith in them, but am hoping for the best. Ideally, they will just re-revise July to be current as originally stated. People will still have time to apply, and this will rule out the possibility of "law is an ***" type of situations if they tinker with the rules without thinking through the possible side effects and ramifications.
  19. Nish's Avatar
    thanks greg for the update!!
  20. sridhar kondoji's Avatar
    Thanks again greg.
    I hope that the press release releases our hardhips before the week ends. This way we can atleast enjoy the week end.

    I can't take this anymore through the weekend.
    --sri
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