Old 485 applicants should or should NOT support AILA?

S

swas

Banned
Now it is very clear that we (the unfortunate) old 485 pending applicants may see light at the end of tunnel. If your case is allocated a visa number already then you may see the green card in next 2 months. Now it is confirmed USCIS will give the green card irrespective of security check clearance. It is reported most of the transferred cases from VSC is going to be open and green card will be issued.

Now if you read the AILA perspective they are bringing litigation against USCIS. If this happens USCIS has to return all the visa numbers as now they have to wait for the name check. If AILA wins theneverbody can file 485 then our cases will be pending. New applications will get Green card(for some strange reason their name check will be clear) and say bye bye to us. We will wait for endless EAD and AP and mental tension. USCIS will be under wave of 485 applications. Who will win here? It is AILA as their attorney will be able to get the fees for filing 485/EAD/AP.


Now what you guys think? Is it good for us to support AILA? It may be bad for us if AILA wins and USCIS force to return the visa numbers.

:confused:
 
Of course, no support of the litigation

if your I485 has been stuck in CIS due to name check. Meantime, you should email or mail to complain about the name check, which has done little for national security, but because of its delay, in fact harm national security.

I wish it is true that USCIS finally make the move to approve documentarily ready case regardless of name check status. Enough is enough.
 
Ofcourse it is good for pending cases, if USCIS do not have to allocate resources to new cases and continue to work on the old cases.

However, we don't bring new money for AILF lawyers [we have already paid our fees]. So, AILF don't see any new business in us. But the new cases brings millions of dollars for the AILF board of trustees, i.e. the renowned lawyers. Hence they are very much interested in these new cases.

So, definitely don't try to support the lawsuit they are working on. But, I don't think we, i.e. people with pending cases, can do anything to oppose / stop them from filing their lawsuit, i.e. if they eventually file one.
 
Thanks

Thanks for NOT supporting the legal lawsuit against USCIS. AILA is now concerned about their fees and without new 485 they cannot earn. THey dont want NAME check to be cleared and want us to pay then fees when we go to them for mandamus actions.

So for Old applications it is best there is no law suit and USCIS give green card if name check is pending for more than 6 months.
 
swas: I don't mean to be rude or offending, but almost every sentence of your first post has an assumption, most of which are not borne out by facts.

From what I understand, and I am by no means a lawyer, AILA's position will be that the act of using up all the visa numbers should have been preceded by the act of approving that many cases. That is, USCIS should have formally adjudicated and approved 60k cases before requesting 60k visa numbers from DoS. If USCIS is able to prove that they did that, there is no lawsuit.

However, it seems doubtful that's what happened. After all, the standard procedure so far has been that the next month's visa bulletin is published based on numbers provided by the USCIS to the DoS by the 10th of the current month. It's not as if those are approved cases - those are numbers based on a lot of calculations, but not based on approved cases. I don't know if AILA knew this all along, or they didn't know about it. Either way, they don't seem to have cared till now. Filing a lawsuit against USCIS now seems a bit disingenuous. AILA should have realized that the whole "predictive" bulletin doesn't make sense - how do you know that you're going to have X visa numbers available next month anyway? Does USCIS have a fixed quota of cases that it will process per month? That would be absurd, wouldn't it?

So let's assume anyway, for the sake of continuing this discussion, that AILA does prevail in the lawsuit. While it is possible, I can't imagine a resolution to the lawsuit happening in the next 2-3 months. The most immediate relief that courts may be able to provide is to order USCIS to accept the rejected filings and provide receipt numbers. That's it. Beyond that, when USCIS processes those cases will depend on when their backlog has been dealt with.

In either case, there's no conceivable reason for forcing USCIS to return all the visa numbers. Not everyone is stuck in namecheck. There are many cases pending at USCIS whose name checks have cleared - they just require immigration officers to work on the cases, review them to make sure all documentation is current, then adjudicate them. That is the backlog that USCIS appears to be working on clearing out.

I fully believe that USCIS and DoS royally screwed all the people who applied or planned to apply this month, and that there should be redress for the affected parties. However, if that redressal comes at the expense of those who are already waiting in queue, that would mean another lawsuit, wouldn't it?
 
I forgot to add in my previous post:

I have not seen any documentation/evidence that USCIS will adjudicate cases regardless of whether name check cleared or not. If anyone has anything on this matter, please share in this thread.

What I read about this "rumor" was that USCIS officers were asked to pull out (from the shelves, from under desks, from wherever) all the pending cases regardless of whether name check was cleared. Whether USCIS actually approves them, or whether they ask FBI to do the name check again on an expedited basis, is not known. If USCIS tries to ignore name checks, they better prove to DHS that they didn't do anything to harm national security or they're in far worse trouble than anything an AILA lawsuit can do to them.
 
Do not Support AILA

If they decided to approve regardless of NC, the risk of national security remain same by keeping all NC applicants in this country. It is USCIS and FBI call to decide what they wanted to do. If USCIS wanted to take bold and right decision, all should welcome.

If they don't wanted to do this, get all GC holders and Citizens who migrated before NC started, year 2001, and let all go through this process. Because all those don't gone through the process remains same threat !!!
 
IO told me

marooned

there is no assumption. in the immigration-law then wrote that USCIS is now adjucating cases irrespective of name check. When I called TSC last week, IO himself told me that they are issuing name check if 6 months old. SO there is no assumption but a fact.

Now AILA instead of worrying about FBI name check they want USCIS to stop issue without name check(Even if some are waiting 4 years for that). See the AILA perspective. They are not concerned about us but for them as they are badly hit. THousands of new application already paid doctors for medical but DITDNOT pay yet to attorneys. So who is the looser here due to visa bulleting. It is attorneys. Who are the winners. Probably us who are stuck in name check and MAY get the green card.

So this is my thinking. It may be right or wrong but we should STOP AILA to make the matter worsr by litigation. First think USCIS will do due to litigation is stop issuing green card if name check not cleared.
 
Just think:
Nothing prevents USCIS from approving 485 without NC clearance.

Similarly nothing stops them from questioning permanent resident or revoking his/hers GC later if NC result returns flagged someday.

30 people working on millions of name check requests in FBI office is not a national security it's a joke.
 
Dudes, don't U guys see CNN? or look at news in London?

In CNN, Lou Dobbs is always complaining about folks getting approved for Citizenship without background check...
In a post 9-11 world, everybody is insisting on more thorough security checks...more delays to process more information on individuals...

USCIS cannot approve applications without adequate background checks...It's not USCIS's call....
It's FBI's call...Did FBI say they are gonna clear up their backlog? Nope...If FBI does not plan to clear the backlog....then there is no use!

Many senators, like Obama, have been loddying for security checks to be wrapped up in 60 days or less....If they couldn't be successful....would you think USCIS do that on their own? Hee Hee....U guys are kidding yourselves....

I have seen the agony of namecheck, having suffered it for 1.5 years....I understand the process...I don't think USCIS claims responsibilty for namechecks....Look at their reports...They may work with FBI to push as many as possible...THAT MAY BE GOOD NEWS! IDEALLY, if FBI just comes up and says, they plan to clear their backlog....then namecheck demon can be killed for sure!

They are happy to declare that they met the 6 month processing timeline for Citizenship cases, except when cases were pending with FBI for namecheck clearance. The same holds true for Green Card applicants...

I would say, it's FBI's responsibility to clear namechecks...Unless FBI plans on some backlog cleanup.....this namecheck demon is here to stay...

Namecheck - slowly is turning out to be Government's excuse for proving that they are doing all they can do background checks!

But, the fact that USCIS is under pressure to approve 60K 485 applications before end of September - can only mean good news of speedy processing for pending 485 applications
 
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We can not stop AILF to take the legal action, no need to either

IT will take them longer time than 3 months for the legal action to have any result, by then it will be next fiscal year. However, the lawsuit may bring light to what is really going on within CIS.

Mind you, the name check procedure is a policy and precedure by USCIS, not a law (correct me if I am wrong on this one). If all other security checks (NC is just one of them, the most inefficient one) passed, the USCIS may just issue the GC to cases pending over 6 months (most of the cases pending more than 9 months).

I will be moving to a new address in the next 2 weeks, after I settle down, I will start a letter campaign to congress all members of immigration committee, senators, Obama (who shows some interest in the NC issue), if by then I have not got approval notice. I advise all should do the same at this critical juncture. WOM is another path, which turned out to be more effective, especially in NYC.

swas said:
marooned

there is no assumption. in the immigration-law then wrote that USCIS is now adjucating cases irrespective of name check. When I called TSC last week, IO himself told me that they are issuing name check if 6 months old. SO there is no assumption but a fact.

Now AILA instead of worrying about FBI name check they want USCIS to stop issue without name check(Even if some are waiting 4 years for that). See the AILA perspective. They are not concerned about us but for them as they are badly hit. THousands of new application already paid doctors for medical but DITDNOT pay yet to attorneys. So who is the looser here due to visa bulleting. It is attorneys. Who are the winners. Probably us who are stuck in name check and MAY get the green card.

So this is my thinking. It may be right or wrong but we should STOP AILA to make the matter worsr by litigation. First think USCIS will do due to litigation is stop issuing green card if name check not cleared.
Click to expand...
 
I think all people with old pending 485s should get together and sue the lawyer's who do NOTHING about those cases because they have already collected the fees. That's the case we should be talking about.

I don't know how responsible your lawyer is, but my one is the worst. And she is / was the President of AILA Philadelphia chapter.

All I got from her, is just wait !!!!
She helped me with NOTHING. and in June when I called her office, I was harshly said that they are busy with new cases and not to disturb her. Just keep waiting!!!

Should I contact Senator's office? NO, they are very busy people...just wait...

Lawyers should be responsible to do something...where is the idea of AILF filing a law suit for all pending Namechecks????

No, that doesn't help with collecting new fees, so AILA wouldn't do that...
 
I agree 100%

It's funny to see all these lawyers go up in arms against USCIS, inciting immigrants. Suddenly they seem so concerned with the plight of new applicants. What about our suffering? The stress we've been enduring for the last so many years?
 
swas said:
If your case is allocated a visa number already then you may see the green card in next 2 months. Now it is confirmed USCIS will give the green card irrespective of security check clearance. It is reported most of the transferred cases from VSC is going to be open and green card will be issued.
Click to expand...

Swas,
:confused: This is news to me. Where did you hear about this?
 
What I believe is most of the cases out from NC black hole. The USCIS or DOS unable to calculate the numbers properly during first week of June. Their big mistake is making all categories current in July bulletin without thinking much. If they justifies the old applicants no matter what I support USCIS, but not AILA.
 
cooboy

First of all I went to infopass and spoke to IO.
Then I called TSC and that IO told me in detail.
By speaking to both of them I was sure last week itself they are giving GC irrespective of name check.

Now www.immigration-law.com has mentioned this in breaking news.

Also another post here confirmed the news from AILA website.

I am afraid because of this stupid AILA suit, USCIS might stop all processing.
 
Old 485

I think this thread has a valid point.

I honestly believe IF WE educated people read through the application forms and requirements carefully we will not need screwed up lawyers. Stupid lawyers and their less than perfect paralegals actually introduce errors in applications, they used to "advice" employers for substituting one applicant for the other and lobbying for employer sponsored GC so finally the employee is stuck for EVER.

I am happy to see since long laywers are not able to milk out much from applicants. What I did was, had my lawyer do the first EAD and AP filing, I learnt that as had copies of that with me. All other EADs and APs I filed myself and after each approval sent notification to my lawyer that myself filed applications were approved w/o queries!

So... I agree , its our time to be happy seeing lawyers unhappy ;-)!
 
I DOUBT USCIS WILL STOP PROCESSING. THEY HAVE INTERNAL POLITICS WITH FBI THAT FBI IS NOT FINISHING THEIR JOB ON TIME.

I think USCIS wants to get done its over load. I doubt if they will totally stop working on it. They will work behinds the doors!
 
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