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July Visa Bulletin – Should we file I485 Applications?

Boy, what nice news to start the week with? USCIS announced this morning that, effective today, it is rejecting all employment-based adjustment of status applications where the priority date is not current under the revised visa bulletin. See Visa Bulletin Link USCIS Service Center Operations has advised AILA lawyers that it will be rejecting ALL employment-based adjustment of status applications received beginning today.

So, Do I Keep Filing?

Many clients have asked whether they should keep filing employment-based adjustment applications in light of today’s announcement by the Department of State


Many clients have asked whether they should keep filing employment-based adjustment applications in light of today’s announcement by the Department of State that there will be no further authorizations of visa numbers for employment preferences and the announcement by USCIS referenced above. This is, of course, a decision each client must make and each attorney must advise in his or her best judgment. However, following are some factors to keep in mind:
Immigration advocates are preparing to litigate. Plaintiffs and class members whose applications were rejected or returned would have the strongest legal claims and have the strongest claims to benefit from a favorable result.

Some case law indicates that where an applicant or their attorney did not apply or permitted the agency to “front desk” an application (turned the applicant away without evidence they had applied) those beneficiaries were not eligible for the remedies ordered by the court. So it seems that a better strategy if file file file NOW and let them reject the cases, and then we will see.

I will keep you posted as this drama continues.