US Attorney request joint motion
I received a call and then an email from the US Attorney to file a joint motion wherein she has mentioned that USCIS can not adjudicate the case currently due to lack of visa availability for my category. She has requested for a 60day extension. She has mentioned that while it is not confirmed that the visa's will be available Oct'01, there is high propability. USCIS will adjudicate the case as soon as the visa will be available. If visa is not available for fany other reason USCIS can not adjudicate the case, either party can file before
Oct'31. I need to sign this by tmrw as my 60days expire next week.
AND I will dismiss the case once the case is Approved.
Ques : Is it OK to sign the joint motion.Does any one see any issue. Any changes I should ask US Attorney to make. Please let me know. I have to sign it by tmrw.
Thanks..
ACTUAL : Joint Motion :
1
Defendants have informed Plaintiff that the United States Citizenship and
Immigration Services (“USCIS”) cannot adjudicate his I-485 application until the United States
Department of State (“State Department”) has made an immigrant visa number available. See 8
C.F.R. § 245.2(a)(5)(ii). Presently, there are no immigrant visa numbers available to applicants
within Plaintiff’s visa category (employment-based, second preference from India). See State
Department Visa Bulletin,
http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html (September
2006).
4. Although Defendants cannot guarantee that an immigrant visa number will become
available to Plaintiff within any specified period of time, the State Department has informed
Defendants that it is likely that a visa number will become available for applicants with
Plaintiff’s priority date on October 1, 2006.
5. Once the State Department has a visa number available for Plaintiff, USCIS will
adjudicate his I-485 application without undue delay. Before USCIS can adjudicate his
application, however, Plaintiff and his wife (a derivative beneficiary) will be required to resubmit
to a fingerprint check, as their fingerprints currently on file have expired.
6. Once USCIS has adjudicated Plaintiff’s I-485 application, Plaintiff will promptly
dismiss his lawsuit voluntarily.
7. Accordingly, because the lawsuit may be resolved without the need for further
judicial intervention, the parties agree, subject to the Court’s order, to stay proceedings until
October 31, 2006. Should a visa number not become available to Plaintiff on October 1, 2006, or
should USCIS become unable to adjudicate Plaintiff’s application by October 31, 2006 for any
other reason, the parties will submit a report to the Court on or before October 31, 2006.
A proposed order is attached for the convenience of the Court.
