Will the lawsuit affect the recently approved cases?

Retro-victim

Registered Users (C)
I just read somewhere that depending upon the outcome of the lawsuit, some of the recent approved I-485 cases can be affected...

USCIC has admitted that they approved some of the cases whose namecheck etc. were not cleared. Do u think some of these approved cases can be affected????
 
Can you point out the link where USCIS have admitted that they approved without completion of the name check.
Just curious.
 
I just read somewhere that depending upon the outcome of the lawsuit, some of the recent approved I-485 cases can be affected...

USCIC has admitted that they approved some of the cases whose namecheck etc. were not cleared. Do u think some of these approved cases can be affected????

I don't believe so, July bulletin still says current.
About the namecheck, I am not sure if USCIS ever admitted that they approved cases irrespective of namecheck, it soulded like a rumor from what I read. They might have alloted visas to the cases but that is not same as approval.
 
I don't believe so, July bulletin still says current.
About the namecheck, I am not sure if USCIS ever admitted that they approved cases irrespective of namecheck, it soulded like a rumor from what I read. They might have alloted visas to the cases but that is not same as approval.
There is an update to the July bulletin that talks about the visa number exhaustion.
The original bulletin was not "changed" - so obviously that would still stay "current"
 
Pipe dream, IF you lok at Visa Bulletin it says clearly please read the Visa in conjunction with the Visa update. Since there are no Visa numbers left it is of no relevance whether the bulletin is current or not.
Thats my take on the situation . Ofcourse I could be wrong.
 
Pipe dream, IF you lok at Visa Bulletin it says clearly please read the Visa in conjunction with the Visa update. Since there are no Visa numbers left it is of no relevance whether the bulletin is current or not.
Thats my take on the situation . Ofcourse I could be wrong.

There are no visa numbers available because they were already allocated to the pending cases and awaiting approval. Legally they cannot issue GC if your PD is not current, thus they keep the bulletin current.

I know it is confusing but what my interpretation of the message that needs to be read in conjunction with the bulletin is, don't apply even when the bulletin says current. Again I could be wrong but seeing a couple of approvals this is the conclusion that I come to.

Going back to the original question in this thread, are the approved cases in trouble if the AILA wins the case? I don't think they are in trouble because technically their PDs are current according to the current bulletin.
 
This is most interesting interpretation I have seen and I guess if you see in the light you present it it seems right .
Anyways My PD has been current for last one year and yet no aproval.
 
Question Misunderstood

I started the original thread but I guess no one understood my question. My case was approved on JUNE19 2007. My question was, since they have admitted to having approve the cases without FBI clearances, if USCIS loses the lawsuit, can they go back & revoke the approved I-485 cases whose FBI check was not done??

Here is the link to the news::
07/06/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."

The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. Additionally, such evidence may affect a huge number of mandamus action lawsuits which are pending in federal courts throughout the country. It appears that the July visa bullen fiasco has opened a pandora box and is going totally out of control and pushes the two agencies into an edge.
 
I asked this question to my lawyer as well. He feels that there is very little chance of that happening. Besides, I dont think they have actually approved any case without clearing the namechecks. Maybe, assigned visa numbers to cases which have been documentarily cleared and are close to being cleared of security checks. As and when the name checks get cleared, those cases will get approval.
 
I asked this question to my lawyer as well. He feels that there is very little chance of that happening. Besides, I dont think they have actually approved any case without clearing the namechecks. Maybe, assigned visa numbers to cases which have been documentarily cleared and are close to being cleared of security checks. As and when the name checks get cleared, those cases will get approval.

How would they know if a case is close to being cleared of security checks or not? From what I read of this and other related sites, nobody can predict duration of a NC, not even FBI doing it. It can be done tomorrow if a remote office that has the last relevant reference file cooperates, or it can last for 5 more years.
 
How would they know if a case is close to being cleared of security checks or not? From what I read of this and other related sites, nobody can predict duration of a NC, not even FBI doing it. It can be done tomorrow if a remote office that has the last relevant reference file cooperates, or it can last for 5 more years.

While that is true, there are plenty of cases whose NC have been cleared and who are still sitting. Maybe its these cases or cases that have been sitting on the shelves stuck in NC for years. Maybe USCIS has nudged the FBI to clear up those cases.
As for the OP's question read this :
http://boards.immigration.com/showthread.php?t=256889
 
My guess is that revoking already approved cases is a rare possibility.
According to Law after approving I485, a visa number has to be allocated
(at the same time prior to the approval visa number should be available too).

Every year these people has to process 240K applications (including family based ) .
Also they can use only some percentage of total visa's in each quarter. It will be practically NOT possible to APPROVE EACH CASE AND THEN REQUEST A VISA NUMBER in the available time limit without lapsing visa's. I'm pretty sure a judge can understand it.
 
http://blogs.ilw.com/gregsiskind/2007/07/breaking-news-l.html

All those who got GC's in May, June and July 07 may get cancelled, if it is really that messy regarding security checks. Not only will this put pressure on DHS, going forward, no one will get GC's that easily. Especially Indians amd chineses who are pressing on USCIS with flower compaigns, lawsuits.

For just one goof up by uscis, everyone wants to pound on them..
 
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