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AILF's Legal Action Center : Visa Bulletin Litigation
Posted Jul 07, 2007 | Updated Jul 17, 2007
The American Immigration Law Foundation (AILF) has stated that it has been
authorized to file the class action lawsuit in response to the USCIS refusal
to accept employment-based I-485 applications starting from July 2, 2007.
The Murthy Law Firm cannot participate in filing the lawsuit, since we only
practice U.S. immigration law and we are not litigation specialists. AILF
will likely work with a litigation law firm that will file the lawsuit with
AILF attorneys leading the project.
©MurthyDotCom
To follow this important news as it develops, please check this page for
updates on the AILF lawsuit. Note that information is posted in reverse
chronological order, with the most recent at the top. See our
FAQs on the AILF lawsuit for details on
what all of this may mean for you.
AILF Ready to File Lawsuit against USCIS and DOS : Update
6
Posted
Jul 17, 2007
(4:40pm ET)
AILA Comments on Latest Rumors : Update 5
Posted
Jul 17, 2007
(2:30pm ET)
AILA / AILF Announcement on Prevalent Rumors : Update
4
Posted
Jul 16, 2007
(6:00pm ET)
AILF LAWSUIT : Update
3
Posted
Jul 12, 2007
AILF LAWSUIT : Update
2
Posted
Jul 07, 2007
(2:00pm ET)
AILF LAWSUIT : Update
1
Updated July 10, 2007
Update on AILF's Legal Action Center Visa Bulletin Litigation
Posted Jul 07, 2007
(2:45pm ET)
©MurthyDotCom
We believe in the mission and the work of AILF and in supporting the
immigrant community to render justice when there has been harm. We at the
Murthy Law Firm will guide the immigrant community in its participation in
the potential lawsuit.
©MurthyDotCom
NOTE
:
The information provided below is of a general
nature and may not apply to any specific particular circumstance. It is not
to be construed as legal advice nor presumed to be indefinitely up to date.
AILF
Ready to File Lawsuit against USCIS and DOS : Update 6
Posted
Jul 17, 2007
(4:40pm ET)
©MurthyDotCom
The American Immigration Law Foundation (AILF) is ready to file its class
action lawsuit against the USCIS and the DOS in connection with the events
leading up to and surrounding the July 2, 2007 issuance of a "revised" DOS
Visa Bulletin and USCIS's refusal to accept I-485 Adjustment of Status
filings in July 2007. The complete announcement is available on the
AILF
WebSite.
©MurthyDotCom
AILF notes that there have been rumors circulating regarding a possible
announcement from the Administration of an effort to resolve the situation.
AILF states that it will review any proposals to resolve the issues. If,
however, the solution is not considered "complete," they still will be
compelled to file the lawsuit.
AILA Comments on Latest Rumors : Update 5
As posted on AILA to its Members on July 17,
2007
©MurthyDotCom
It appears somewhat likely that there will be an announcement today
regarding efforts by the government to resolve the ongoing controversy over
USCIS' refusal to accept employment-based adjustment of status filings.
"Authoritative sources" are providing wildly varying reports regarding the
content of the "fix," which may indicate any number of things, including the
possibility that the government is not able to come to sufficient agreement
to actually produce a "fix." AILA will post updates to InfoNet as the
situation progresses.
AILA / AILF Announcement on Prevalent Rumors : Update 4
As posted on AILA to its Members on July 16,
2007
©MurthyDotCom
"Rumors have been rampant about whether (and, if so, how) Department of
Homeland Security and/or Department of State are going to address their
actions resulting in the refusal of adjustment of status filings for most
employment-based applicants in July and for 'other worker' applicants during
June. There have been efforts, including EXTREMELY active efforts by AILA
and AILF, on all possible fronts to pressure the government into remedying
its own actions. However, as of this writing nothing has been resolved and
it is not known if it will be resolved without litigation. The situation is
extremely fluid, and as soon as there is something FACTUAL to report, it
will be posted immediately on InfoNet."
AILF LAWSUIT : Update 3
Posted
Jul 12, 2007
©MurthyDotCom
AILF informs us that, the response has been so great, they
currently do not need any more potential plaintiffs who submitted an
adjustment application for receipt in July, UNLESS the individual has an
unusual situation or especially compelling facts, such as an aging-out
child.
©MurthyDotCom
There is still so much uncertainty ahead for all of us, as we await the
outcome of the lawsuit being filed by AILF. We will continue to keep readers
updated on any new developments.
AILF LAWSUIT : Update
2
Posted
Jul 07, 2007
(2:00pm ET)
©MurthyDotCom
We have just learned that AILF is THINKING of adding another potential
class of plaintiffs to the class action lawsuit. The new class of plaintiffs
will include those who decided NOT to file the I-485 during July 2007, due to
the government’s actions on July 2, 2007. What this means is that, if you
have decided not to file your I-485 in July, there is a chance that you may
still benefit from this lawsuit. The treatment by the court and the result
for these non-July filers may be different than
for people who do file the I-485.
©MurthyDotCom
We will post updates about AILF and the
lawsuit here. Please do not contact AILF at
this point in time. They need to use their time, staff, and
resources to prepare the lawsuit.
©MurthyDotCom
AILF LAWSUIT : Update
1
Updated July 10, 2007
AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
Issue
©MurthyDotCom
The American Immigration Law Foundation (AILF) has decided to forge ahead to
file the class action lawsuit, as previously mentioned on MurthyDotCom.
©MurthyDotCom
AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of
the USCIS and the U.S. Department of State, which have resulted in an
inability of most employment-based applicants to file their I-485
(Adjustment of Status) applications during July 2007.
©MurthyDotCom
For those who wish to participate as plaintiffs in this class action
lawsuit, AILF has prepared and we attach the following documents, all of
them showing a revision date of July 9, 2007.
©MurthyDotCom
1. Questionnaire for Potential Plaintiffs
2. Retainer Agreement with AILF
3. FAQs on the Visa Bulletin Availability
©MurthyDotCom
Please review each of these documents carefully. Read them more than once
until you are familiar with the issues and concepts.
©MurthyDotCom
At this stage, AILF is seeking, as plaintiffs, individuals who are suffering
some particular or unusual harm, and requests that they respond. These
individuals could help to highlight the problems created by the government.
©MurthyDotCom
Who is Covered by this Potential Class Action Lawsuit?
©MurthyDotCom
1. It is not essential to participate or submit one's name to AILF to be
considered a plaintiff of this class action lawsuit. If a person has/had
filed the I-485 during July 2007, then AILF believes that those people
should be covered by the lawsuit to take advantage of the potential benefits
of a successful lawsuit.
©MurthyDotCom
2. Even those who decided not to file the I-485 during July 2007 MAY be
eligible if the judge agrees to include them as plaintiffs in the lawsuit.
AILF made a decision later on to try to include them also as an injured
class. However, AILF believes that their remedies may be different than
those who actually filed the I-485 during July 2007.
AILF's Legal Action Center Visa Bulletin Litigation
Posted Jul 07, 2007
(2:45pm ET)
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
Regarding “non-filers” - As our July 7 InfoNet update explained, and as we
explain in our FAQ, we will include a class of people who would have
submitted their adjustment applications for receipt in July, “but for” the
government’s actions. The government may try to, or the court may want to
treat this class differently from the class of people who submitted
applications for receipt in July. Our aim is to do the best possible for
both groups.
©MurthyDotCom
How soon will we file the law suit? Very soon. It is not easy or quick to
prepare class action litigation involving numerous people and numerous
claims, but we are working quickly because of the urgency of these events
for so many people.
©MurthyDotCom
Injunction? AILF knows many people want a quick resolution, as do we. A
temporary or ill-conceived order might create more chaos and confusion than
we saw in late June / early July. And the government presumably would
immediately appeal, creating even more confusion about whether applications
were being accepted. By contrast, we intend to seek an injunction that will
be forward-looking and will not create another crisis situation for AILA
members or the government.
©MurthyDotCom
See the
amended FAQ for more information, and fill out the
potential plaintiff questionnaire and
retainer
agreement. All are PDFs.
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