everything about the lawsuit
there information is in murthydotcom and i thing this is useful.
General Potential Class Action Lawsuit Questions
Advantages / Disadvantages in Filing Lawsuit
Q. What would be possible advantages and disadvantages / detriments of participating in a class action suit?
A. There may be other advantages or disadvantages, but we could think of the following at this time:
a) Possible Advantages of the Lawsuit:
+ Be a named plaintiff or a plaintiff in the initial filing for the class certification
+ Better chance of forcing the government to accept the I-485 for processing if included in the lawsuit and the lawsuit is successful
+ Will obtain EAD and AP earlier for all eligible family members who filed the I-485
+ Knowledge of having done 100 percent from your side, not simply waited and watched while things happen - You take matters in your own hands!
b) Possible Disadvantages of the Lawsuit:
+ USCIS will examine each I-485 more carefully so that gray areas or discretionary cases have less of a chance to succeed. Examples are those with criminal issues or other complications that make their cases more problematic.
+ USCIS may cash some checks by incorrectly accepting the cases for processing and then deny them later. Even here there is an advantage and a disadvantage. The advantage is that a person and family can get EADs and AP extensions each year until the USCIS realizes its error and denies the case. A disadvantage is losing the filing and legal fees but the LC and I-140 can still be used to file a new I-485 when the priority dates become current for the principal applicant again.
+ Must still have job offer with the original employer to file a new I-485 again.
+ Fears of the government "taking revenge" historically have not proven to be valid, since one remains eligible for any benefits available under law. It is illegal to deny a person an immigration benefit, since the law allows individuals to sue when they have been deprived of their rights. The U.S. Constitution protects life, liberty, and property, and allows a person to enforce any such loss by using the legal system or due process of law.
Timing of Filing AILF Lawsuit
Q. When are we going to file the lawsuit?
A. This depends upon AILF and how quickly they obtain the needed information and feel that they are properly positioned to file. We do not have a time estimate at this point.
Timing to Get a Decision on the Lawsuit
Q. How long would it take to get a result from the lawsuit?
A. This, too, is unknown. Lawsuits can drag out for years, or they are sometimes resolved quickly.
Legal Fees and Filing Fees for the Lawsuit
Q. I understand that you offer participants (existing clients) in the lawsuit to pay legal fees for adjustment of status only once through the Murthy Law Firm, but are there any other fees we as participants would be responsible for, e.g., legal fees to the counsel?
A. AILF is a nonprofit organization. They are not charging for this work. AILF's work is all funded by donations, usually from law firms, including the Murthy Law Firm. While not required, we think that those who participate in the lawsuit should consider making a donation to AILF, even if it is small, to help fund this effort. There is strength in numbers, and if enough people give even $100- $200, it will raise a substantial amount of money and defray AILF's costs considerably. That way, they can continue their work and help others in the future. They may also be able to answer questions from those of you who have been contacting them directly, since they are a nonprofit with a small staff.
Plaintiff Status Required to File I-485? Can I Just Wait and See?
Q. If I decide to file for I-485 in July, is it necessary to be a plaintiff to take advantage of the AILF lawsuit? IF I decide to file I-485 but not become a plaintiff, are there any advantages or disadvantages? What if I am eligible to file, but choose not to do so?
A. You can file the I-485 but you can decide not to be a named plaintiff. There are "named plaintiffs" and other class members. Being a class member, without being a named plaintiff, means that one may still be covered under the lawsuit and given certain rights as a plaintiff / affected group, if the judge certifies the "class," which it is believed is likely to happen.
If, for some reason the lawsuit is not certified as a "class action lawsuit," then only those who have actually participated in the lawsuit as named plaintiffs will be able to reap the benefits from a possible positive outcome of the AILF lawsuit. Of course, there are no guarantees of any positive outcome in any such possible AILF lawsuit.
No one is required to participate in the lawsuit, even if s/he did try to file the I-485. It is just that the purpose of filing the I-485 is to retain the ability to assert a legal claim, and participation in the lawsuit is the most likely way to assert that claim.
Most likely, if you do not file the I-485 at all, there is less of a chance of being able to enjoy any benefits from the class action lawsuit, even if it is successful. If lawsuit is successful, it is possible that a judge may grant to every affected person to file the I-485 within 10 or 15 days of the decision, even for those who decided not to file the I-485 due to the USCIS's refusal to accept I-485s in July. Our understanding is that AILF is willing to represent as plaintiffs at this time, only those who have attempted to file the I-485 during July 2007, since there is some case law on this issue that may protect those who attempted to file during the eligible period of July 2007. [See Update at the top on this last statement, dated July 7, 2007.]
Scrutiny of My I-485 by Filing Lawsuit
Q. AILF says that your case may come under scrutiny if you take part in the lawsuit? What kind of scrutiny?
A. The scrutiny is for the same issues that are ordinarily appropriate for USCIS adjudication. This includes, among others, status issues, matters related to the existence of a bona fide job offer, and any criminal history. Persons whose cases require that the USCIS favorably exercise discretion, or who otherwise have substantial vulnerabilities in their cases, may wish not to participate in the lawsuit.
3. Other Issues, like July 2nd Filing, October Visa Bulletin, Etc
Cases Filed on July 2, 2007 - No USCIS Receipts So Far
Q. Have you gotten any receipts or rejections for cases filed before the Revised Visa Bulletin announcement was made?
A. As yet, neither receipt notices nor rejections arrived from the USCIS on any July 1st or 2nd, 2007 cases filed at USCIS, to the best of our knowledge.
October Visa Bulletin
Q. Is there any indication on the priority dates for October 2007?
A. No. However, people should not be under the mistaken assumption that the October Visa Bulletin will show "all current," like the initial July 2007 Visa Bulletin. While a new allocation of visa numbers becomes available at the start of each new fiscal year, the numbers are not all available at the beginning of the year. It is not like the H1B cap numbers. The U.S. Department of State is supposed to set appropriate cutoff dates to ensure that the numbers will last for the entire year, yet not get wasted. They can only use 27 percent of the numbers during each of the first three quarters of the year. Thus, October 2007 could reflect substantial retrogression, particularly for the traditionally retrogressed countries / categories.
Senators / Congresspersons Should be Contacted
Q. Is it a good idea to write to our senators and/or congressman, urging them to intervene and request USCIS to accept I-485s in July?
A. Yes. It would be helpful for senators and congresspersons to know the impact that the DOS/USCIS action has had on individuals and businesses. It may be helpful to point to the letters sent to USCIS and DOS by Congresswoman Zoe Lofgren,
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808. Representative Lofgren is the Chair of the House Subcommittee on Immigration. She is also a former immigration attorney and an AILA attorney, herself. In addition to the legal points made in Representative Lofgren's letters, it may be helpful to personalize this situation in terms of your own expenditures of time, money, any work related-impact, any rearranged travel plans, and general anguish and disappointment in the U.S. immigration system, when contacting your representative in Congress. If appropriate, it may be helpful to mention the type of work that you do, particularly if it is something that is of significant value to the United States and her citizens.
What to Do Now? I am Still Confused!
Q. What do I do now, since I am not sure how to proceed?
A. At this point, one must make her/his own decision, if not already filed. We understand that there is not much time, and there has been a lot going on in the last few days. Those who wish to file the I-485 must do so before the end of July 2007.
So, to summarize, the available choices are:
File now, with the expectation that the petition will be rejected, and then join a potential class action suit; or
Just wait for immigrant visa numbers to become available at some point in the future and file at that time.
Irrespective of your decision, you must stick with it. We realize that it takes time and effort to make a decision as important as this, but you must move quickly.
