Lawsuit Against Department of Homeland Security and others

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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.

 

Status: 
The Defendants settled before submitting an answer to the complaint. Accordingly, Plaintiff’s AOS was approved.
Immigration Law :