NewsFlash! Court Denies Relief in Visa Bulletin Lawsuit

A Federal Court has denied a motion for relief in connection with the October 2015 Visa Bulletin. The motion requested a temporary restraining order (TRO) requiring the USCIS to accept form I-485 filings based upon the initially published October visa bulletin.

The motion is part of a class action lawsuit filed days after the Department of State (DOS) issued a revised, less favorable edition of the October visa bulletin. The motion for TRO requested immediate relief, prior to a decision on the lawsuit itself. In order to obtain a TRO, it is necessary to show a likelihood that the lawsuit will succeed and a likelihood of irreparable harm absent the TRO. The Court acknowledged some possibility that the lawsuit may succeed, but not to the clear level required for a TRO. The Court also did not find that waiting for the outcome of the lawsuit would cause irreparable harm to the plaintiffs.

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