The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
As we have advised, the American Immigration Legal Fund Lecal Center is currently working on preparating a lawsuit, but it has yet to be made clear which agency they would sue. In all likelihood, those who keep a record of filing of I-485 and rejection may be covered when they win in the lawsuit. Accordingly, those who filed today should preserve the evidence of rejection from the USCIS safe. This raises a question of whether people should keep filing I-485 with the full knowledge that the application will be rejected and returned. We do not recommend it one way or another. However, one benefit of such rejection will be either to officially participate in the lawsuit as a plaintiff or if not participate in the lawsuit as a plaintiff, they will still preserve the certain right to claim as a member of the class to take advantage of the outcome of the lawsuit. Another benefit can include claim of the attorney fees, which is called EJALA claim. Once the court grants, the attorney fees and the litigation expenses will be recouped. The amount could be monstrous and may force the agency to settle the case. If people decide to participate in the litigation as the plaintiff, they should first file the I-485 application and contact the AILF to volunteer as one of the plaintiff. If they do not want to participate as a plaintiff, they may still file the I-485 application and preserve the rejection evidence for the potential benefit if the AILF wins in the lawsuit. Those who did not file within July may not be convered if the AILF enters into certain settlement agreement on behalf of a class of applicants or wins in the litigation. Otherwise, they will just have to wait until October to see whether their priority dates will become current.
Today's release of the State Department will lead to cancellation of all the interviews scheduled for these cases. The consulates are likely to halt processing the immigrant visa application processing and scheduling for interviews for these cases. Those who suffer from such delay may continuously seek AC 21 benefits inasmuch as they are presently present in the U.S.
The supporting documentation which they have obtained will remain valid, including the medical report which will be valid for one year. They should keep the file safe so that they do not have to spend time and expenses to collect the evidence all over again. We hope no one has thrown the papers in their trash cans!
As we have advised, the American Immigration Legal Fund Lecal Center is currently working on preparating a lawsuit, but it has yet to be made clear which agency they would sue. In all likelihood, those who keep a record of filing of I-485 and rejection may be covered when they win in the lawsuit. Accordingly, those who filed today should preserve the evidence of rejection from the USCIS safe. This raises a question of whether people should keep filing I-485 with the full knowledge that the application will be rejected and returned. We do not recommend it one way or another. However, one benefit of such rejection will be either to officially participate in the lawsuit as a plaintiff or if not participate in the lawsuit as a plaintiff, they will still preserve the certain right to claim as a member of the class to take advantage of the outcome of the lawsuit. Another benefit can include claim of the attorney fees, which is called EJALA claim. Once the court grants, the attorney fees and the litigation expenses will be recouped. The amount could be monstrous and may force the agency to settle the case. If people decide to participate in the litigation as the plaintiff, they should first file the I-485 application and contact the AILF to volunteer as one of the plaintiff. If they do not want to participate as a plaintiff, they may still file the I-485 application and preserve the rejection evidence for the potential benefit if the AILF wins in the lawsuit. Those who did not file within July may not be convered if the AILF enters into certain settlement agreement on behalf of a class of applicants or wins in the litigation. Otherwise, they will just have to wait until October to see whether their priority dates will become current.
Today's release of the State Department will lead to cancellation of all the interviews scheduled for these cases. The consulates are likely to halt processing the immigrant visa application processing and scheduling for interviews for these cases. Those who suffer from such delay may continuously seek AC 21 benefits inasmuch as they are presently present in the U.S.
The supporting documentation which they have obtained will remain valid, including the medical report which will be valid for one year. They should keep the file safe so that they do not have to spend time and expenses to collect the evidence all over again. We hope no one has thrown the papers in their trash cans!
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