Update of Visa Bulletin Litigation – October 8, 2015

Posted on: October 8th, 2015
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As we indicated in our update from earlier in the week, our TRO motion was going to be an uphill battle because the standard for getting a motion like this even before the evidence is presented, is very high. We now know we are not going to get a TRO (you can read the order below), which would have been great, but was not unexpected.

While we are disappointed with the court’s specific findings in the TRO, we believe they’re based on giving the government the benefit of the doubt at this early stage. That’s the point of having discovery and presenting evidence and we believe the court will view things very differently once all the evidence is presented.

But what we couldn’t say earlier was that quickly filing the TRO was also important regardless of whether we won this initial motion because we needed to force the government to give an immediate, sworn explanation for its abrupt rescission and replacement of the October Visa Bulletin.

Our Motion successfully produced that explanation and it is one that we believe will not withstand further legal and factual scrutiny.

As we forge ahead to pursue relief in this case on behalf of our clients and the tens of thousands of proposed class members, we will continue to press the government honor its word and accept applications using the original October Visa Bulletin dates. And we will demand transparency and accountability from those responsible for administering our nation’s immigration laws.

In the interim, those facing significant, time-sensitive emergencies should continue to bring them to our attention.

This represents but one step in a fight that will continue until the government is held accountable and we will continue to aggressively pursue transparency.

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