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  • Matt Galati

We have settled the Gutta suit. All plaintiffs will have adjudications by June 30.

We recently discussed how 22 joined plaintiffs facing USCIS’ I-526 adjudication delays prevailed against a government motion to dismiss in Gutta v. Renaud, 2021 WL 533757, 4:20-cv-06579-DMR (N.D. Cal.). In Gutta, the plaintiffs’ I-526 filing dates ranged from October 2017 to November 2019.


Since the time of filing suit until today, seven plaintiffs had their cases approved. A few weeks ago, we were fortunate to settle and dismiss the entire matter. A redacted copy of the settlement document is attached.


In sum:

  • USCIS will take a rolling approach to adjudications, with three tranches of deadlines based on the plaintiffs’ priority dates.

  • The first deadline for USCIS adjudication is next Friday, April 9. As the agency generally assigns matters to adjudicators at the beginning of the month, we expect those decisions to begin at any moment.

  • All plaintiffs are guaranteed at least initial adjudication no later than June 28, 2021, which is important given that the EB-5 Regional Center Program.

  • If a plaintiff receives an RFE or NOID, USCIS has promised to take action within 45 days of receipt of the response to that intermediate adjudication.


In closing, we were very happy with this outcome, as well as to establish positive precedent for immigrants enduring long waits amidst USCIS’ crisis-level delays.


For more information regarding whether litigation resulting from immigration delays and denials is right for you and your family, contact us today.

38- Stipulation of Dismissal filed by Re
.
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