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I finally managed to dig up one visa number (favorable) decision:
SHAHRAM ABDOLLAHI ALIBEIK, Plaintiff, v. MICHAEL CHERTOFF, et al.,
No. C-07-01938 EDL
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
2007 U.S. Dist. LEXIS 86289
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In addition, Defendant's declarant Gerard Heinauer, Director of Nebraska Service Center, provides information about the background and fingerprint check required for I-485 applications. Mr. Heinauer also testified that:
Plaintiff has a background and security check that has not been completed by the Federal Bureau of Investigation, and there are no more employment-based visa numbers available for adjustment adjudications during fiscal year 2007. When the fiscal year 2008 visa numbers become available on October 1, 2007, and Plaintiff's background check is completed, Plaintiff's case can be adjudicated.
Heinauer [*17] Decl. P 9. The visa numbers ran out as of July 2, 2007. Heinauer Decl. P 8. The responsibility for the lack of visa numbers, however, is not attributable to Plaintiff. In this case, Defendants are entirely responsible for the delay in processing Plaintiff's application.
I finally managed to dig up one visa number (favorable) decision:
SHAHRAM ABDOLLAHI ALIBEIK, Plaintiff, v. MICHAEL CHERTOFF, et al.,
No. C-07-01938 EDL
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
2007 U.S. Dist. LEXIS 86289
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In addition, Defendant's declarant Gerard Heinauer, Director of Nebraska Service Center, provides information about the background and fingerprint check required for I-485 applications. Mr. Heinauer also testified that:
Plaintiff has a background and security check that has not been completed by the Federal Bureau of Investigation, and there are no more employment-based visa numbers available for adjustment adjudications during fiscal year 2007. When the fiscal year 2008 visa numbers become available on October 1, 2007, and Plaintiff's background check is completed, Plaintiff's case can be adjudicated.
Heinauer [*17] Decl. P 9. The visa numbers ran out as of July 2, 2007. Heinauer Decl. P 8. The responsibility for the lack of visa numbers, however, is not attributable to Plaintiff. In this case, Defendants are entirely responsible for the delay in processing Plaintiff's application.
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