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Archive for July 10, 2007

FLOWER POWER

After thousands of immigrants were played for fools by the CIS and DOS with the July Visa Bulletin, what should they do? Send flowers to the head of the CIS, of course (along with a note asking that they please not return your application).

This is what the folks at www.immigrationvoice.com are suggesting. If you would like to learn more about this initiative taking place over the next couple of days, please click on the link to the left.

Please also see the link to the USCIS’ response to the flowers, they will be sending them to hospitalized injured veterans at the Walter Reed Medical Center.

AILF HAS ENOUGH PLAINTIFFS WHO FILED IN JULY

AILF is reporting that it does not need more plaintiffs who filed in July for the class-action lawsuit it will file against the USCIS and DOS at this time. Below is a what AILA wrote about the lawsuit:

“The response has been so strong that currently we do not need any more potential plaintiffs who submitted an adjustment application for receipt in July, unless the individuals have an unusual situation or especially compelling facts, such as an aging-out child. At this time, we also would like to hear from the “non-filers” — people who did not and do not plan to submit an adjustment application for receipt in July but would have done so “but for” the DOS and USCIS actions. These individuals will represent a separate class of plaintiffs. And we’d like to hear from more “other worker” adjustment applicants who applied in June, even if they have not yet received a rejection notice. These individuals will represent a separate class as well. They should read the FAQ, and complete and return to AILF the short form and retainer agreement at visabulletin@ailf.org.

If the lawsuit is successful (and we fully expect it will be), the court will certify classes, and all people who meet the class descriptions will receive the relief the court orders. The class members will not need to “sign up” with AILF to enjoy those rights.”

We will keep you posted.

WHAT’S THE DOWNSIDE?

This is not legal advice. Contact a qualified immigration lawyer to discuss your particular situation.

In deciding whether to apply to be a potential plaintiff in the AILF class-action suit to be filed against the USCIS and Department of State over the July Visa Bulletin fiasco, many understandably want to know what is the downside to being a named plaintiff in the lawsuit.

In reviewing the FAQs published by AILF, the only issues I see are: (1) plaintiffs’ names are public information (although there will likely be hundreds, maybe thousands of plaintiffs); (2) plaintiffs cases MAY be subject to greater scrutiny when being adjudicated (although retaliation by the government because you participated in the suit is unlawful and unlikely to occur); (3) plaintiffs may be called by the government to answer questions relating to the suit either in person or in writing and plaintiffs would be responsible for their transportation costs, this too is a very unlikely scenario; and (4) if a class is certified by the court, then those who would have been eligible to be plaintiffs in the lawsuit, even if they were not named plaintiffs, would be entitled to the same relief as the named plaintiffs.

We will be mailing and e-mailing FAQs, questionnaires and Retainer Agreements to our eligible clients today. Contact your immigration lawyer if you would like to participate in the suit or contact AILF directly at: visabulletin@ailf.org.

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