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Asker
Posted over 1 year ago.

Thank you

Haroen Calehr
Haroen Calehr, Immigration Attorney - Houston, TX
Posted over 1 year ago.

welcome. Please see attorney Shusterma's comment also below. The government (OIL) ha until 5pm tomorrow to file a Writ. I think the two sound decisions, from the 9th circuit and also from the 5th (my friend lawrence rushton handled that one) are on very sound footing. But anytime there is a "circuit split" if other cicuits besides the 9th and 5th are saying otherwise, thats always a very good basis for the U.S. Supreme Court to accept a request for a Writ. So it "may" or may not happen.

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Asker
Posted over 1 year ago.

Well, they have 6 more hours left. Hopefully there will be no appeal.

Haroen Calehr
Haroen Calehr, Immigration Attorney - Houston, TX
Posted over 1 year ago.

You know, it depends actually. I honestly think that if it were to be taken up by the US Supreme Court, they have been coming out with some sound decisions lately on immigration and I think they would follow the reasoning in the 9th and 5th circuits. You see the 9th circuit is the national trend setter but most other circuits especially very conservative circuits like the 3rd, 4th, 5th, 6th, all think that the 9th Circuit is insane and makes unsound, pro immigrant, "liberal" biased decisions. In this case, even the 5th circuit who often times issues some really whacky decisions on immigration, also is in line with the 9th Circuit reasoning (the 5th circuit I recall came out before the 9th's decision). If the Supremes take the case and once and for all puts an end to the absurd arguments made by OIL/Government and provide clarity for the entire nation. USCIS has been snubbing their nose at the 5th circui and they always snub their nose against the 9th (outside of the 9th) and this would be a nice smack down which is what they need more often than not. But I understand why you don't want it. Also, if the Supremes take the case and come back agreeing with the 9th and 5th, than the arrogant consular officers overseas can no longer say, "oh this only applies if you come from the 9th and 5th circuit) now they would have to apply this new rule to everyone.

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Asker
Posted over 1 year ago.

Thank you for the great points. While you are correct, it will actually put me more behind while I wait for an unknown period of time while supreme court makes a decision, not to mention F4 derivative to F2B, I won't be able to get married. I have been following this since 2008, I guess I can't wait for it to end :). My petition was also approved from California Service Center. I might be wrong, but I thought being a nationwide class action lawsuit, this should apply everywhere correct?

Haroen Calehr
Haroen Calehr, Immigration Attorney - Houston, TX
Posted over 1 year ago.

yes, I understand. Well, the class action did originate in the 9th Circuit and yes, if USCIS doesn't appeal it anymore, they may very well start applying this as a "new" policy to everyone, depending on the terms of the settlement agreement. It all depends, and I'm not privy to this portion/aspect, ask attorney Shusterman below. But, a US Supreme Court decision would be more favorable. But I do understand your personal situation and if I were in your shoes I would want the same as you, a prompt end to your nightmare.