new forum for discussing 485 litigation

M

mazdur_desi

Registered Users (C)
For people who use bookmarks to reach this forum directly - Rajiv (operations) has created a new forum to discuss 485 litigation. The forum is listed under immigrationportal forums.
The summary says that the litigation was filed on Dec 22
Reason for hope....
 
going giddy with happiness

at reading the lawsuit and seeing it filed - especially since I just returned after spending 4.5 hours at INS office begging for emergency advance parole and getting rejected.
Thanks to all the plaintiffs and thanks to rajiv for incorporating all the points in the discussions.

For emergency advanced parole:
I had tried on grounds other than medical emergency. Was told that INS San Jose office can only tackle medical emergency. For everything else - the BCIS supervisor encouraged me to repeatedly send faxes to CSC(shook her head and said you can fax twice to CSC every day if you want).
 
140,

Could you post the anticipated timeline for this lawsuit (if you know it) ? What I mean is, how long does it take before we know
1. If the US district court in DC decides that it has/not jurisdiction over this case.
2.The bench decides to take up this case.

Any other info which a legally unsavvy person like me might have overlooked.
Please post.
 
ECGC,

Have asked similar question to Rajiv (estimated timeline). He is going on vacation for 4 days. Hopefully he will clarify all issues as soon as he comes back.

My basic take on this (and I maybe wrong):
1. The court will schedule a preliminary hearing, in the near future to decide if this case belongs in its jurisdiction.
2. Based upon what it decides in 1. It will set a trial date after looking at its schedule.

The following is pure speculation:
1. The preliminary hearing should be within 3 months, trial date should be set within 6-8 months.

But from what I gathered from Rajiv, he hopes that INS will prefer to settle as compared to fight. In which case we will have resolution within 6 months. But all this is on the proviso that INS choses to settle.

I read the brief and it looks very good. Rajiv seems to have encapsulated all the concerns raised by IP.com members in legal jargon and presented the case to the court.

There are a number of things that Rajiv wants us as a community to do to support the lawsuit activity, basically renewed legislative petitioning. I do hope everyone helps us in this more than before because we have a bun in the oven now, and we must do everything we can to make it successful.

Here is hoping for things turn out for the best! :)
 
Yeah,you are right- it does look impressive with the legal jargon- hopefully impressive enough for BCIS to settle without a trial. Again, thanks for all the efforts and let's keep our heads above the shoulders and fingers crossed.
 
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