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Greg Siskind on Immigration Law and Policy

SERVICE CENTERS HOLDING ADJUSTMENT APPLICATIONS

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USCIS service centers are holding adjustment applications filed based on the initial July Visa Bulletin. Some applications received on the first business day were returned, but all applications since then are being held and not returned. One can speculate on the reason, of course. Possibly USCIS is preparing for a loss in litigation. Possibly they are preparing to cave sooner. Let the speculation begin....

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  1. 's Avatar
    Greg, based on this recent findings, do you believe we should still go ahead and mail in our I-485? My attorney said not to and therefore I even cancelled my Dr. appointment, this is so very confusing.
  2. TX's Avatar
    Talk about hypocrisy...Greg, did you read about Senator Vitter being on the D.C Madam's list? In his recent statement, he says "Several years ago, I asked for and received forgiveness from God." This is the same Vitter who just fought against immigration reform, because according to him, it was amnesty, and God forbid, you forgive the sins of those hardworking people who crossed the border to feed their families. Sins like that are not forgiven, on the other hand sins like adultery are minor for with God provides Amnesty on a daily basis. These people make me sick.
  3. Greg Siskind's Avatar
    In most cases, I think filing the adjustment would be the smart decision. But I can't advise on your case without knowing all the background.
  4. steven's Avatar
    Greg, are you sure? Where is the source? Normally USCIS takes few weeks to return the applications. It may take few months to return huge amount of applications this time.
  5. Greg Siskind's Avatar
    I really can't go in to details, but the information is reliable.
  6. In Immigration Limbo's Avatar
    Greg,

    I was one of those who could not take a chance and file an I-485 this month because I am in the U.S. on a temporary non immigrant work visa (not a dual intent like an H1). If my I-485 is not processed, I could not renew my temporary visa if my I-140 is pending, so I would be out of status when it expires. I have estimated it would cost me and my family at least $20,000 to $30,000 to have to relocate, lose my job, quit my education which my employer is paying for, get licensed in my home country so I can work, and so on. I'd also have to pull my kids out of school, don't know if they would ever forgive me. Obviously for me it is not worth the risk.

    But, if only those who took a chance and filed will end up getting their I-485 processed, I may end up worse off as my category may not be current in October, as those who filed now may use up all the numbers.

    I hope the attorneys working on the lawsuit seek a remedy that works for everyone affected, not just those who could take a chance and file.
  7. sevadal99's Avatar
    You always come up with some breaking news, keep up the good stuff
  8. legal im's Avatar
    Greg:

    Just a few days ago, I found your blog right after the july revision disaster... but i like your blog very much. keep up your good work!
  9. LEGAL_Immi's Avatar
    Greg,

    Yes me too! I just saw your blog when I am trying to look for any news about this disaster! Your blog is so good that I am checking your blog for almost every hour now. Please continue updating us about what is going on. Thank you very much for all these information.

    GOD bless you.

    Regards,

    Arn
  10. BHU's Avatar
    Hi Greg,
    Thankyou very much for updating us with the latest news.I am following it up since morning.Its providing us atleast a ray of hope ...God bless you!

  11. a2007's Avatar
    Greg,
    For those of us who filed in June, post marked received June 26th, and under the June Visa Bulletin numbers, do we also join the class action? I have no receipt notice, no checks cashed as of 14 days and I don't want to miss out on the litigation. Your advice or opinion is appreciated.
  12. Greg Siskind's Avatar
    a2007 - If you filed under the June bulletin and the application was received before the end of June, you should be okay.
  13. Acer Joe's Avatar
    Is this good news or bad news? AILF is very slow in terms of filing the lawsuit. I got an impression that AILF is making all the buzz and trying mount some pre-legal pressures on USCIS rather than actually going through the legal proceedings. In other words, they want to wait a bit longer before they have to file in a district court.

    Now, CIS is holding those files hostage? Or they simply don't know what to do? Or, they just don't want to touch them yet?

    I think it can be surprisingly "good" if they decide to process those (that'd be a huge bummer for those who didn't file). It also could be BAD if these files will stay there for the time of the trial, if there is going to be one at all.
  14. Crystal's Avatar
    Hi, Greg:

    Will there be any harm on my future adjustment of status if I file 485 anyway at the end of this month? I know it will be rejected by USCIS.

    Any downsides for participating in the lawsuit by AILF?
    Thanks.
  15. no more patience's Avatar
    Greg,

    Where did you get this news? If they partially returned some cases received on July 02, it is very very very unfair for those got returned. They were the first getting in the line and now they have to wait at the end of the line??? If USCIS is going to treat the returned cases that way, they will face more lawsuits to come. If they are to hold later on cases, they have have have to allow the returned cases to be sent back and put in front of the line, with delivery notice as the proof of getting sent back.

    This is very annoying notice indeed.
  16. Greg Siskind's Avatar
    An inside source. I really can't reveal more.
  17. nebraskacneter's Avatar
    Can you please confirm that they are holding applications at both NSC and TSC? As they are speculating this happening only at TSC!!

  18. TSC's Avatar
    SORRY TO BREAK IT TO YOU BUT TSC IS NOT SUPPOSED TO PROCESS I-485. IF YOU SENT IT TO TSC, YOU'RE IN ERROR. IT WILL BE FORWARD TO NSC, AND DELAY WILL BE TAKEN INTO ACCOUNT.
  19. Greg Siskind's Avatar
    TSC - You are not correct. Direct filing is now available if you live in the TSC's jurisdiction.
  20. vinod's Avatar
    Greg
    we agree it is a inside source and would not force you on revealing it But was there any indication on the intent of holding applications
    thanks for all your replies
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