USCIS Green card wastage lawsuit - 2021

Should I join the case if my priority date in EB3 is Sep 2014 and it is not current in the final action date chart as of now but I am expecting that it would be current in FY22?

No point joining if your PD is 2014 in EB3. Hopefully this should be current by December this year.


Thanks Kalpesh for your response. Please correct me if I am wrong, I was thinking that this lawsuit will help people in the next fiscal year too. Is this not the case?

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I have the opinion that people whose date is currently not current in the final action chart have less chance of gaining anything directly from this lawsuit.

I say ‘directly’ because the USCIS will claim that they are not liable to assign green card numbers to people in the ‘DOF’ chart anyway. But, since the lawsuit is targeting both i.e. using the full spillover and then assigning them to people who already filed the i485, there is some hope there if the judge sides with the plaintiffs (people who join the case).

An indirect benefit is the queue moving forward which everyone will get irrespective of joining the case or not.

Hence, my analysis:

  1. People in FA chart: 60% chance of getting the direct benefit
  2. DOF chart: 10% chance of getting direct benefit

Now, my personal opinion is that 10% probability is a good chance to take with 2k fee per family. Many people have not agreed with my opinion and that is fine.

I am just trying to say that think of it as an opportunity to invest in bitcoin in 2011. It may or may not yield positive benefits. If it does, it may come out like a hidden treasure. So, to get a chance to invest in such a hidden treasure ‘chance’, 2k is a fair fee.

Getting my point?

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How do we know that Greg got sufficient number of clients to move forward with the lawsuit. Based on the 2Q2021 485 processing data, it is imperative that USCIS gets sued for wasting EB green cards every year.

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They have announced that they are moving ahead with the litigation but its not a class suit yet which means that they will probably only ask for benefits for people who have joined.

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Why is that the lawsuit is only looking for people with pending Biometrics? My date is current and my Biometric was done last month, is it not prudent to join because I might still be denied if visas get wasted…?

Law suit filed. Hope it works.

Hi Rama, could you provide me the lawsuit case number?

Ask siskind who filed it.

:slight_smile: lawsuit not filed. they are still waiting for applicants and money

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Seems case is dead. wastage is inevitable.