AMERICAN
IMMIGRATION LAW FOUNDATION 918 F
Street, N.W. Telephone:
(202) 742-5600 Email: asylee@ailf.org ASYLEE
ADJUSTMENT/ Frequently
Asked Questions about Participating in this Lawsuit May 2001 AILF is preparing to file a lawsuit in federal court against the Immigration and Naturalization Service (INS) because of problems with the asylee adjustment process. If you are considering being part of this lawsuit, please read the following questions and answers. Q: Who is AILF? A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF files lawsuits involving various aspects of immigration and nationality law. Q: What is this lawsuit about? A: The immigration law allows only 10,000 asylees each year to become lawful permanent residents (LPRs) of the United States. Each year there are many more than 10,000 people who are granted asylum and so there are many people on the waiting list to become LPRs. We believe that the INS is not properly handling the waiting list of asylees who are waiting to become LPRs. In particular, we believe the INS is not processing asylee permanent residence applications on a first-come, first-serve basis as it is required to do under its own regulations. This is the "waiting list" part of the lawsuit. We also believe that the INS is unlawfully requiring asylees to apply and pay for a new employment authorization document (EAD) every year. This is the "EAD" part of the lawsuit. Q: What's a "plaintiff" and how do I know if I am eligible to be a "plaintiff" in this lawsuit? A: A plaintiff is a person who files a lawsuit against someone else. In this case, you would be the plaintiff if you joined this suit against the INS. You may be eligible to be a plaintiff in the "waiting list" part of this lawsuit if:
You may be eligible to participate in the "EAD" part of this lawsuit if:
Q: Why should I participate in this lawsuit? A: We cannot promise this will happen, but we may be able to force the INS to process your application more quickly than it would have if you did not participate in the lawsuit. Also, we need you to represent other asylees who are having these problems, so that we can try to fix the problem for everyone in this situation. Without plaintiffs such as yourself, we cannot address and fix the problem for all. Q: What is likely to happen because of the suit? A: Lawsuits are uncertain by nature. In other words, we cannot predict the exact outcome. Our goal is to have the INS handle the asylee adjustment waiting list in an orderly manner. Our goal is that applications will be decided on a first come, first serve basis, and that everyone will know how long it will take for their applications to be processed. We also want to ensure that asylees do not have to apply for a new EAD every year while they are waiting. Q: Will participating in this lawsuit hurt my or my family's immigration status or hurt us in some other way? A: The INS cannot deny you a benefit that you are legally entitled to because you participate in this lawsuit. We believe it is very unlikely that the INS will retaliate against you for participating in this lawsuit. However, it is likely that the INS will look at your case or application more closely than they might otherwise. In the unlikely event that the INS tries to retaliate against you, AILF will bring the INS's action to the court's attention and ask the court to stop INS from retaliating against you. We will also ask the court to punish INS for acting in a retaliatory manner. Q: How much time do I have to spend on this lawsuit? A: You will have to provide us with the information and documentation that we need in order to prepare the lawsuit. Once it is filed, the lawyers will do most of the initial work in the lawsuit on paper. Depending on how the case proceeds, the INS and its attorneys may want to ask you some questions about your case. This is called a deposition. An AILF attorney or an attorney working with us would be with you at the deposition. At a later stage, you may be required to be present at a hearing or a trial and possibly be asked to testify about your case, but this does not happen in every lawsuit. Q: Will it cost me anything to participate in this lawsuit? A: AILF and our co-counsel will not charge you any attorney's fees for representing you in this lawsuit. AILF also will advance the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that you should be required to be present at a deposition, hearing or a trial, we may ask that you pay your own travel and lodging expenses, if any. Q: Will anyone know that I am a plaintiff in this lawsuit? A: The INS will, of course, know that you are a plaintiff once we file the lawsuit. We also will discuss your case with other lawyers working with us on the case. We may discuss your case with members and staff of our sister organization, the American Immigration Lawyers Association (AILA), in the course of developing strategies for the lawsuit. When a lawsuit is filed, usually all documents filed with the court become public. It is also possible that the media -- newspapers, radio, or TV reporters -- may see the court documents and decide to do a story on the lawsuit. But reporters will usually ask if they can speak to the individuals involved before using their names. If you prefer that your identity not be released to the news media and the public, we may be able to use a "pseudonym" for you. That is, we would not use your real name but rather a "John Doe" or "Jane Doe." The court and the INS would still know your identity and the facts of your case but that information might not be released publicly. If this is a concern to you, please let us know when you complete the questionnaire. Q: What should I do if I am interested in being a plaintiff in the lawsuit and I believe I am eligible? A: We have a questionnaire you should complete, which you should be able to find accompanying this Frequently Asked Questions document. Either complete the questionnaire yourself or contact the lawyer or community agency that helped you with your asylum case or your adjustment application. After you complete the questionnaire, email it to us at asylee@ailf.org or fax it to us at (202) 783-7857. You also may contact us at that email or fax number with any questions we have not answered.
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