What could happen, just a discussion

Welcome different opinion but no fighting. Also, this is not an English lesson, so those who wants to pick bone of English, just stay away.

We need reasonable discussion.

I discussed the big loss of this retrograde backlog is money, not efforts, because sooner or later your efforts will be paid, however your hard-earn money is hardly to get back. I think this is the main reason for someone who strongly supports the idea of lawsuit and writing to congressmen.

The real motivation of AILF preparing lawsuit may include:
1. Help these victims to get through this chaos, or
2. Shift the burden from lawyers to USCIS and DOS, because these lawyers were paid heavily this time, and most of them are the members of AILF, or
3. Just a show.

Regardless motivation of AILF, I believe the legal consultants of both USCIS and DOS must have weighted all the consequences before they made their announcement, including possible congressional intervention and lawsuit. They must have their cards in hand. Don’t overlook it.

Now let’s discuss the possible consequences of lawsuit. Regardless win and loss, what can we get from the law suit?

1. Issue new VB revision, or
2. All the submissions will be forced to be accepted by USCIS, or
3. Accept the submission after October without the hiking of application fee, or
4. Nothing changes.
5. Other

1 is not possible because that will make create even bigger scandal for DOS and USCIS. It just impossible.On the other hand, lawsuit takes time; it will not finish in July.

So what about 2? That’s the most people want to happen. If all submission is to be taken, the only and best beneficiaries will be July filers. But it may not be good news for the earlier filers, because definitely their cases will be slow down. USCIS only has limited manpower, that’s what they said. One thing I am sure is that they will not work overtime to consume all the cases before October. It may also not be good news for potential later filers, because it will create huge backlog again; so later filers need to wait for years for their chance.

Now, what will happen if all the submissions are taken? There will be no possible to process these cases before October, because there is no valid visa numbers left. Everyone knows that. There will no possible to process some cases in recent years, as there are less visa numbers available each year. The best scenario would be that all these files will be sitting in the storage rooms, if there are enough storage rooms to store them. What would happen to these files, and how long they will sit over there? No one knows. The longer they stay there, the more chances they will be missing, as I said USCIS has no enough manpower to take care of them. You may wait months or years find out.

On the other hand, I am pretty sure that if USCIS accepts all these files, a huge backlog will create. Basically, in recently years, there will not have enough visa number anymore.

Okay, let’s find out what benefits you can get if your files are accepted. Of course you can file EAD (change job 180 days later) and AP. That’s it. I barely think other benefits you can get without valid visa number. But I doubt the fraction of people who really need EAD and AP urgently now would be huge. Other than AP and EAD, the only thing I can imagine is to “feel better”, or a safe feeling (assurance).

However, one possible situation needs to be aware if your cases are forced to be accepted, there will be further scrutinizing of you case, e.g., longer time, more evidences (REF), or stricter evaluation, who knows. I am not making up this. See following copy of FILA preparation of lawsuit for other worker cases in June 2007:

Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
PLEASE BE AWARE, THOUGH, THAT USCIS IS LIKELY TO EXAMINE PLAINTIFFS’ ADJUSTMENT OF STATUS APPLICATIONS MORE CLOSELY THAN IT OTHERWISE MIGHT. IT MAY ASK THE PLAINTIFFS QUESTIONS AND ASK FOR ADDITIONAL INFORMATION ABOUT THEIR ADJUSTMENT APPLICATIONS OR IMMIGRATION STATUS.

As for condition 3, delay the submission without the hiking of the application fee. I really wish that could be true. At least this will comfort some people, but I again doubt this will be happen if USCIS decides to increase application fee after July 30. Why they stop to take cases this time?

Condition 4 is most like the result – unfortunately no change.

Ok, I know some people will not be happy of what I said above, but that might be the truth. I welcome your invaluable input.

Don’t get me wrong. I don’t object the lawsuit and writing to congressmen. I stand in your side if your action will not have adverse affect to the others. I hope all of you can get your GC as soon as possible. Your GC is nothing to do with mine. I support all the reasonable petitions, but just don’t count on lawsuit and writing to congressman too much, because the higher you hope, the much frustrating you may have if the lawsuit losses.

I am not a predictor, but a piece of good news I can bring to you, that is your will be able to file I-485 sooner or later. The door will not be shut off forever. It may not take too long as previous. Someone waited years to file their 485 before, and stuck on NC for another years. But they never give up. Just think about this, are you really worse than them?

Now, it is the time for our Chinese to think about the bigger picture: how we can make our voice be heard, depending on others only (congressmen and FILA) or depending on ourselves. As individual, your voice is weak, but as a group, the voice will be much louder. We need unite together. We need involve in more in your communities, schools, churches or anywhere you can.

所有跟帖： 

• 回複：What could happen, just a discussion -lzh006- ♂ (2010 bytes) () 07/07/2007 postreply 05:58:04

• 回複：回複：What could happen, just a discussion -doshexh- ♀ (499 bytes) () 07/07/2007 postreply 06:15:46

• My comments... -jsquare- ♀ (863 bytes) () 07/07/2007 postreply 09:05:27

• After correcting the typos -jsquare- ♀ (316 bytes) () 07/07/2007 postreply 09:12:08

• 回複：What could happen, just a discussion -needwait..- ♂ (370 bytes) () 07/07/2007 postreply 06:23:43

• My Forecast: No changes will happen. -FuRongLi- ♂ (0 bytes) () 07/07/2007 postreply 07:58:35