July 3, 2007 by Bradley Maged.

As word of the DOS July revised visa bulletin fiasco gets out, those affected are frustrated and want to take action. Many who were eligible to file their applications prior to the revised July visa bulletin are doing so, knowing full well that their cases will be rejected and that their next step will be to take part in a massive lawsuit against the government. This is one track.

Another track is congressional intervention. Those who were wronged by the visa bulletin bait and switch were legal immigrants, many of whom have waited for years and “played by the rules”. We link to a statement by Congresswoman Lofgren. This is a start. Those who caused this debacle need to be held accountable.

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July 3, 2007 by Bradley Maged.

The following is not legal advice.  Call your lawyer to discuss the specifics of your case.  Here’s the latest news I have gathered on this debacle relating to those who have filed or plan to file their I-485 applications in July:

1.    For those who filed their I-140 Petitions and I-485 Applications concurrently and enclosed separate filing fee checks, the I-140 and supporting documents will be accepted by the CIS for processing and the I-485 and supporting documents and applications will be rejected and returned to the applicant with the filing fee checks;

2.    All I-485 Applications filed (even those received by the CIS on Monday July 2, 2007, before the revised visa bulletin was issued) WILL be rejected.  Filing fee checks will be returned.  The CIS has notified the public not to file.  Why will many lawyers be filing anyway?  See number 3…
3.    With proof of delivery, proof of rejection by the CIS, and evidence that a complete application was submitted to the CIS in hand, many lawyers will recommend to their clients that they be plaintiffs in a lawsuit that will probably be filed by AILF.  Those who were arguably entitled to file their I-485 applications (per the first July visa bulletin) but failed to do so, may not be eligible for a remedy.
4.    If EB numbers are unavailable, green card applications will not be approved until after such numbers become available.  However, either through settlement of through a judge’s order, interim benefits such as Employment Authorization Documents and Advance Parole (travel documents) may be made available to plaintiffs in the lawsuit.  The other possible advantageous outcome would be if those who participate in the lawsuit kept their original filing dates and were therefore ahead in the queue for EB numbers when they become available for their category.  Of course, this is all highly speculative at this point.  I will continue to update as more news becomes available.

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