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Greg Siskind on Immigration Law and Policy

AILF LOOKING FOR "NON-FILER" PLAINTIFFS

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The American Immigration Law Foundation is seeking plaintiffs for its Visa Bulletin suit who are not going to file cases. Basically, those of you who are worried about showing immigrant intent by filing (such as fear in getting a non-dual intent non-immigrant visa renewed) are the ones AILF has in mind. There are concerns that USCIS will seek to treat people who do not attempt to file as a different class and not provide them the same right to file as those who attempt to file. If you fit in to this group and are interested in participating, email me at gsiskind@visalaw.com.

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Comments

  1. Crystal's Avatar
    Hi, Greg:
    When is the deadline to participate in the AILF's lawsuit? My 485 may be ready at the end of July. AILA said "Responses have been great from adjustment applicants who submitted I-485s for July and we have enough for now." If AILF will cut before July 20, I will definitely not file my 485.
    Thanks
    Crystal
  2. Greg Siskind's Avatar
    I don't think AILF has put out a deadline.
  3. Crystal's Avatar
    The following comes from AILA. Does that mean AILF already get enough plantiffs? Will they accept filers at the end of July?

    "AILF's lawsuit preparations are proceeding apace and lawsuit will be filed very soon. Responses have been great from adjustment applicants who submitted I-485s for July and we have enough for now."
  4. N S's Avatar
    Greg,

    I have heard that if the law suit filing gets delayed and if AILF doesnt get a court date in the month of July, it would be difficult for the court to retroactively give benefits to the plaintiffs. Is there any truth in it?
  5. Greg Siskind's Avatar
    NS - first, I don't think the suit will be delayed past the end of the month. Second, I think a judge could still craft a remedy. But don't forget we have the other suit already filed.
  6. N S's Avatar
    Greg,

    Thanks for responding. Its good to know that the lawsuit will not be delayed.
  7. saddy's Avatar
    Greg
    What do you mean by "craft a remedy"?
  8. Greg Siskind's Avatar
    Saddy - That means a judge could still come up with some type of solution that would work even if the statute would seemingly bar. Case in point - a few years ago there were several cases where people won the green card lottery and filed in a timely manner, but the government failed to finish processing in time. The statute said no remedy was available and a green card could not be granted because the fiscal year was over. The judges said too bad and forced numbers to be released by DOS. The government backed off and did what the judge said.
  9. In Immigration Limbo's Avatar
    That case about the immigration lottery is amazing. Just seems like they will only do the right thing if they are forced by a judge. I am one of those people who could not take a chance and file an i-140 and i-485 this month because of the type of status I have and the possibility of getting out of status. I am not in a position to take part in the suit, but I sure hope there are others that can step forward. If you could, please keep us informed as to what happens. Thanks!
  10. Jun's Avatar
    Non-filers are most likely not taking the risk of getting rejected....for that reason, they may not also take the risk of participating in the lawsuit...

    Non-filers are in the weakest position now to decide...they are also disadvantaged due to the fact that if the AILF case is won, their chance to get the Oct. VB to be current is dim...
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