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Sample Cases From our Files ==> Lawsuit Against Department Of Homeland Security And Others Lawsuit Against Department Of Homeland Security And Others
CASE
01
Type of
Case: Lawsuit Against Department of Homeland Security and others
Comments:
Our client retained us as legal counsel in
order to compel the USCIS to grant an Employment-Based Adjustment of
Status (AOS) Application. The Plaintiff's case had been on file with
USCIS almost three years before he sought our assistance. Prior to filing the AOS application, Plaintiff filed an I-140 petition on his own behalf, which USCIS approved. The Plaintiff is a professor of science with extraordinary ability as defined under the first preference category of employment-based priority workers. We filed a lawsuit against the Department of Homeland Security (DHS) and others to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.
Status:
Approximately three
weeks after the filing of the above mentioned lawsuit, Plaintiff
received his adjustment of status (green card). Subsequently, we
filed a notice of dismissal with the DC federal court to dismiss the
case without prejudice .
CASE
02
Type of
Case: Lawsuit
Against Department of Homeland Security and others
Comments:
Our client’s derivative-based Adjustment of Status (AOS) application was denied. USCIS stated in its denial that the applicant had been out of lawful nonimmigrant status for more than an aggregate amount of 180 days. We filed a lawsuit against the Department of Homeland Security (DHS) and others (Defendants) alleging, inter alia, that our client (the Plaintiff) would have been out of lawful nonimmigrant status for less than an aggregate amount of 180 days had the Defendants adjudicated Plaintiff’s earlier H-1 petition as of the filing date. In addition, Defendants failed to adjudicate a nonimmigrant visa extension that the Plaintiff filed prior to the H-1 petition. In our complaint, we sought redress under the Administrative Procedure and Mandamus Acts for DHS’s failure to approve Plaintiff’s H-1 application nunc-pro-tunc. In addition, we claimed that the Defendants’ denial of Plaintiff’s AOS application was arbitrary, capricious, and unjust.
CASE
03
Type of
Case: Writ of
Mandamus/Lawsuit Against Department of Homeland Security and others
Comments:
Our client, a citizen of China had filed an adjustment of status application on the basis of marriage to a U.S. Citizen. The Plaintiff's adjustment of status had been pending with the USCIS for almost three years. USCIS did not adjudicate her adjustment of status application since they could not get the name check clearance from the FBI. We filed a lawsuit against the Department of Homeland Security (DHS) and others including the FBI to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.
CASE
04
Type of Case:
Writ of
Mandamus/Lawsuit Against Department of Homeland Security and others
Comments:
Our client, a citizen of Taiwan had filed an employment-based adjustment of status application. The Plaintiff's adjustment of status had been pending with the USCIS California Service Center for almost three and one half years. USCIS did not adjudicate his adjustment of status application since they could not get the name check clearance from the FBI. We filed a lawsuit against the Department of Homeland Security (DHS) and others including the FBI to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.
CASE
05
Type of Case:
Lawsuit Against Department of Labor, CIS and others
Comments:
Our client's original approved labor certification was lost in the mail. We tried numerous times to get a duplicate copy of the approved labor certification from the Department of Labor (USDOL) but couldn't get it from the USDOL. USCIS attempted to obtain a copy and informed us that they were making the attempt. We saw no results. So, we filed a lawsuit against the USDOL, USCIS and others (Defendants) alleging, among other matters, that under the law, USDOL should issue a duplicate labor certification within a reasonable time. In our complaint, we sought redress under the Administrative Procedure and Mandamus laws for defendants' failure to issue a duplicate labor certification.
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