Spockstein

[Spockstein @spockstein]

@USCISDirector @USCIS @doug_rand we do see increased WOM recently due to oldest Priority Date Applications were not processed in the order it was recipient, please do not give opportunities to immigration attorneys to file WOM which cost fortune for us(they are charging 6K-8K )

[Rajagopal KC @rajagopalkc]

@USCISDirector @JoeBiden @WileyNickel @VP @uscis I have a pending application with uscis which has no update. Requested congressman inquiry, raised service requests and WH request for the application and no response for any of them from uscis. If everyone had to approach judiciary/wom for remedy which should have been availed just with normal functioning of a federal agency, its not a good sign for the administration. @USCISDirector please look into the inquiries and application and requesting a timely response. Thank you!

[Rajagopal KC @rajagopalkc]

@USCISDirector @JoeBiden @WileyNickel @VP @uscis I have a pending application with uscis which has no update. Requested congressman inquiry, raised service requests and WH request for the application and no response for any of them from uscis. If everyone had to approach judiciary/wom for remedy which should have been availed just with normal functioning of a federal agency, its not a good sign for the administration. @USCISDirector please look into the inquiries and application and requesting a timely response. Thank you!

[Spockstein @spockstein]

@BradBanias

[Spockstein @spockstein]

@AttyStevenBrown @BaniasLaw @BaniasLaw I am part of your lawsuit and looking for your help to see if you could help me as I am current in EB3 Appreciate any help

[Spockstein @spockstein]

@AttyStevenBrown @BaniasLaw @BaniasLaw I am part of your lawsuit and looking for your help to see if you could help me as I am current in EB3 Appreciate any help

[Spockstein @spockstein]

@AttyStevenBrown @BaniasLaw @BaniasLaw I am part of your lawsuit and looking for your help to see if you could help me as I am current in EB3 Appreciate any help

[Steven Brown @AttyStevenBrown]

In 8 USC 1153(e) Congress was very deliberate that green card applications should be processed based on priority date order Yet, this is often ignored by USCIS as they jump around PDs (even within countries of origin) @BaniasLaw and I are suing for a family on this soon!

[Banias Law @BaniasLaw]

In our #Retrogression cases, we argue that Congress does not require an immigrant visa to be "immediately available" at #AOS approval because it removed that requirement in 1976. USCIS says it can still require it. #SCOTUS a similar government argument last week:

[Steven Brown @AttyStevenBrown]

The filing fees for I-485 ranges depending on age ($750-$1,225). If we take $1,000 as a nice easy number, USCIS received over 142 million in October 2020 #AOS Fees (and likely much higher)

[Spockstein @spockstein]

@USCIS @USCISDirector most of us are 2020 filers and we believe only few hundreds left from 2012 PD India EB2/3
Please consider the oldest applied and oldest PD to process at the earliest.Please play fairness and respect the order!

[Chandra Singh @chandra2034]

12 Working days in Feb and no action on my EB3 India case which is current.What is the point of being current ? @USCIS @USCISDirector #AOSDelay @immigrationgirl
@BaniasLaw #greencardbacklog

[Chandra Singh @chandra2034]

Join Telegram group if you are current in India EB2&3 PD is in 2012. If you recently got Green card then please share your story

[Chandra Singh @chandra2034]

12 Working days in Feb and no action on my EB3 India case which is current.What is the point of being current ? @USCIS @USCISDirector #AOSDelay @immigrationgirl
@BaniasLaw #greencardbacklog

[Spockstein @spockstein]

@BradBanias @USCIS I believe USCIS can allocate 2024/2025 FY quota to plaintiffs to adjudicate without rule making since they couldn’t do this in 2020/2021/2022 due to inefficiencies and unlawful retrogression.All the best @BradBanias PD 2011&2012 are the most impacted

[Brad Banias @BradBanias]

9th Circuit argument tomorrow determines whether @USCIS can engage in legislative rule-making via informal adjudication. Panel is Bea, Bennett, HA Thomas. Okay #appellatetwitter give me your tips, tricks, and advice for APA-Heavy argument with this panel.

[Banias Law @BaniasLaw]

Check out the plan to push back on the July 23 Visa bulletin #EB3 Retrogression here: https://t.co/q6z2EzRrrh This very may well be the tipping point and we need to move quick. #EB3 #BacklogBlinken @AttyStevenBrown

[Banias Law @BaniasLaw]

Rest before the storm. On deck for thr week of June 12 the #EB3 Pushback; Parkland #Uvisa case; #AP Renewal fight; #PERM delay case; #BFDead amended complaint; and a new #FOIA Partnership. #letsGo #Summertime #andtheLivingisEasy

[Banias Law @BaniasLaw]

For those of you who are going to hate on this idea because we are still awaiting a decision on our retrogression cases, please know we need to fix the AP issue regardless of whether we win or lose the retrogression cases. Even if we win, consistent AP will be important while we await AOS decisions. /6

[Banias Law @BaniasLaw]

Third Claim: USCIS expected to issue these benefits in 6 months. The processing times are 12 months. We will challenge these delays. /4

[Banias Law @BaniasLaw]

Second claim: The Admin Procedure Act sets the default rule that underlying benefits are automatically extended upon the filing of a renewal application until the renewal application is adjudicated. I can find no statute, regulation, or policy where USCIS has legally supplanted this default rule for AP (or EAD for that matter). We challenge USCIS’s claim that an AP renewal application does not automatically extend your current AP under the APA. /3

[Banias Law @BaniasLaw]

First claim: USCIS erred by separating adjudication of EAD/AP for AOS applicants. The Rulemaking for EAD/AP associated with AOS made the choice to issue these benefits together for efficiency’s sake. By separating the two benefits, it has rendered AP pointless. We challenge this choice. /2

[Banias Law @BaniasLaw]

A 3-Part Suit for a solution to #AP delays for the Backlogged community (a thread). Maintaining unencumbered international travel is essential for the backlogged community. @uscis has taken two recent steps that have made AP unreliable. It stopped issuing combo EAD/AP card and, as a result, issues AP for only one year at a time. And of course, it is taking 11.5 to 17 months to decide. Even the 5th Circuit described 1-year AP as “illusory,” given the processing times. So, here is what I propose: /1