07/06/2007: Visa Bulletin Class Action Lawsuit, Potential Members of the Class, and Issue of I-485 Filing in July
*The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
*The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
*It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
*However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
*For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
*The AILF is currently developing a lawsuit against the USCIS and the DOS. As reported earlier, apparently the AILF has been successful in finding the potential plaintiffs for the lawsuit. The plaintiffs will automatically become members of the class in the class action who will get the relief if they win in the lawsuit. The details of the relief this lawsuit is pursuing are articulated in the AILF's Visa Bulletin Lawsuit FAQ. For the summary, please click here.
*The lawsuit team lawyers are still developing the strategies and details of the members of the class this lawsuit will cover who are not members of the plaintiffs. As they move along, the details can be changed, but according to the FAQ, membership of the class would require filing of EB I-485 applications in July 2007. Accordingly, those who fail to file EB I-485 applications are likely not included in the membership and will not be able to receive the fruits of the litigation, once the class wins in the litigation. Relevant to the issue of when the EB I-485 should be filed to receive the benefit as a class member is the number of July visa numbers which will be made available to the members of the winning class of the lawsuit. Obviously, the visa numbers will be limited in numbers. The members of the class will have to compete each other for the numbers. According to the FAQ, the number will be taken under the principle First In First Out bases. Accordingly, the earlier his/her EB I-485 is filed, the better the chance of getting the number before they are exhausted. It appears that those who fail to get the numbers are likely to be left out of any benefits of the litigation.
*It thus appears that some people may want to file the EB I-485 applications with the full knowledge that the applications will be rejected and returned by the USCIS, just to become a member of the class of this lawsuit. Consdering the fact that some visa numbers may become available in October 2007 for certain people, they may be less desperate and eager in seeking membership of the class of the lawsuite. While, the nationals of ovesubscribed countries such as India, China, Mexico, and Philippines will need the fruits of this litigation much more desperately than the people from other countries. Additionally, EB-3 people may have such need more than EB-1 or EB-2 since when new visa numbers become available in October, the EB-3 numbers are likely more oversubscribed than EB-1 and EB-2. Lastly, the lower the priority date is, the more they will need the fruit of the litigation as the higher priority date applicants will have a better chance to get their priority date becoming current in October or soon thereafter. These variants should give a guide to the people to determine whether or not they should file EB I-485 applications to become a member of the class.
*However, these factors alone should not be considered absolute determinants in deciding whether they should file the EB I-485 applications in July. The FAQ indicates that the downside of becoming a member of the class by filing EB I-485 applications in July is potential extensive and in-depth scrutiny of the cases by the USCIS to weed out the applicants on the ground of ineligibility of I-485 applications. Accordingly, people with some potential issues of whatever nature may be considered poor candidates for the membership of the class. The straight forward case should be considerred a better candidate for filing EB I-485 applications in July, while those with some potential wrinkes in the case may stay away from filing the application in July.
*For the foregoing reasons, people should seek assessment of one's case by legal counsel for appropriateness of filing EB I-485 now and becoming a potential member of the class of the lawsuit. It is absolutely no and no to jump into filing the applications without the appropriate legal counsel.
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