Comment: VisaGate Lawsuit Against USCIS DOS
Immigration Daily has learned that Greg Siskind is coordinating, pro bono, a federal lawsuit in the DC circuit against USCIS, DOS and others re VisaGate2015 (shades of VisaGate2007). This class-action complaint will soon be filed, tens of thousands of immigrants are among those affected. An analysis of the highly selective manner in which USCIS/DOS went about undoing the original, lawfully issued, October Visa Bulletin and are now attempting to foist newly concocted biased dates leaves no doubt about what USCIS/DOS are gunning for. A small faction of anti-immigrant bureaucrats at USCIS/DOS are targeting two specific industries: the Nursing industry which relies on nurses from the Philippines and the IT industry which heavily relies on immigrants from India and China. Why these two industries? Because these, due to their strong reliance on immigrant labor, are likely to be strong advocates for USCIS to perform its immigration benefit processing duties. USCIS appears to have more than its share of federal bureaucrats whose view of primary duties encompasses little beyond imbibing coffee. When reminded that no other federal agency has the primary mission of dispensing immigration benefits, these dis-functionaries cower behind the fig leaf of "national security". A marked anti-Asian prejudice is likely given that even the illiterates at USCIS/DOS are now aware that the locus of immigration to USA has moved from Latin America to Asia. We strongly suspect that the discovery process in this lawsuit, soon to come, will reveal ruminations at the top levels of USCIS and DOS on this matter and will lay their intentions bare for the world to see. Should they try to delete email trails, we are confident that FBI will nail the miscreants and send them to be guests at Club Fed.

It is still possible for USCIS/DOS to do the right thing, and let the original October Visa Bulletin stand. Experience from 2007 shows that in order for this to happen, the following will first have to come to pass, which accordingly we urge onward:

  • Patriots at USCIS/DOS
    We believe that there exists a significant cadre of patriotic servants at USCIS/DOS who will fight for immigrants, and for the right thing for the USA - for America to keep its word. We assure these loyal Americans at USCIS/DOS that Immigration Daily has their back thru thick and thin. We encourage them to blow the whistle on their colleagues who have chosen the rascal's path, and to do whatever they can to uphold orderliness in immigration processing under the rule of the law, and to resist, using every lawful means, arbitrary and capricious actions by their underlings, colleagues and supervisors.
  • Immigrant press
    We encourage the immigrant press to realize that this battle is not an obscure one, albeit on an obscure legal issue. This battle is about whether America's agencies entrusted with responsibilities over immigrants will treat them fairly or unfairly. It is about whether we are a nation of laws or a nation where lawless bums such as David Duke and his minions have taken over immigration in USA. Once USCIS/DOS are allowed to get away with dividing one immigrant community from another, all immigrant communities will suffer the bureaucrats' wrath.
  • Presidential Candidates
    A few candidates for President, in both parties, have made noises about being pro-immigrant, especially for employment-based immigration. This is their chance to differentiate themselves from the pack and to call for USCIS/DOS to do the right thing and keep America's word.
  • DAPA advocates
    The single largest group of immigrants adversely affected by our broken immigration system are those who would benefit from DAPA. We assure them should USCIS/DOS get away with shoddy mistreatment of the VisaGate group now, the DAPA group will be equally maltreated and harassed. However, since once bitten is twice shy, the DAPA folks ought to have renewed hope once USCIS/DOS have learned the error of their ways in VisaGate2015 (this hope must translate into results, and united, immigrant advocates can deliver results for the DAPA group).
  • IT and nursing industries
    We encourage those who run IT and nursing companies to take on board that USCIS/DOS are poking them straight in the eye - and that these agencies are fearful of the industries' ability to demand results from immigration case processing - so demand away! These industries cannot function without employees, which USCIS/DOS want to extinguish at source.
  • Attorneys
    The immigration bar is once again in the spotlight and has the ability, through creative lawsuits, to deliver death by a thousand cuts to USCIS/DOS. We urge forceful action in federal courts, not just press releases.
  • Immigrants
    Those from the Filipino/Indian/Chinese communities should take on board that USCIS/DOS have thrust them in the vanguard. They fight here, not just for themselves, but for millions of immigrants, just like them in every way except for the fact they come from other nations, who are being institutionally hounded and tormented unmercifully. VisaGate 2007 featured creative thinking by and other immigrant groups, who came up with a brilliant "flower campaign". We urge them to put their thinking caps on and take on the smartasses at USCIS/DOS.
Immigration Daily publicly and with sincerity praised USCIS/DOS for the innovation behind the October Visa Bulletin. It is a shame that we are compelled to ridicule those same agencies over the unconscionable, and probably unlawful, undoing of that ground-breaking document. President Obama's legacy is in the hands of incompetents - perhaps someone over at the White House will take notice. We encourage our readers to get involved in whatever way is appropriate in your respective situations in this important battle.

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News: USCIS Issues Revised Visa Bulletin for October 2015

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Help Wanted: Immigration Attorney
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Letters of the Week: Sandeep Reddy

ComingsNGoings: Immigration Event
October 8, 2015, 1:30pm - 3:30pm (Eastern), Falls Church, VA. The Executive Office for Immigration Review (EOIR) will hold a webinar/teleconference to discuss a recently announced final rule titled, "List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings." Participation in person or via webinar. Location: 5107 Leesburg Pike, Suite 2500, Falls Church, VA. To RSVP for the meeting, please contact Nathan Berkeley, EOIR Outreach Director, at by noon on Tuesday, October 6, 2015. In person attendance will be limited to the first fifteen (15) individuals to RSVP. In your email, please indicate whether you intend to participate in person or by webinar/teleconference and provide the name(s) of the attendee(s), your organization, and an email address.

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Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong