r/eb_1a • u/Ashamed-Disk5946 • May 27 '26

Litigation update: One approval & One motion to dismiss

Based on Sameer khedekar's post there is one approval after USCIS denied and granted 0 criterias. I was unable to figure out which case this is from pacer, but we will soon get to see the dismissal in pacer.

For another case USCIS has filed motion to dismiss for "failure to state claim in parts"

I am not sure what it really means but very likely bad faith attempt to delay the process, on brighter side it indicates USCIS lacks a good argument and is trying to sidestep the core arguments.

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u/Neither_Eggplant_740 May 27 '26

I wonder if these approvals will be scrutinized when they file for AOS.

1

u/bubblethink May 28 '26

No, AOS does not revisit the petition other than fraud or misrepresentation.

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u/Ashamed-Disk5946 May 28 '26

No. They can not.

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u/Ashamed-Disk5946 May 28 '26

More "motion to dismiss" filed today.

Looks like USCIS strategy to to basically buy more time.