Lawsuit Against Department of Homeland Security and others

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

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

Immigration Law

Lawsuit Against Department Of Homeland Security And Others

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.

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 .

Immigration Law

I-485 (EAD, AP, FP)

Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS).  The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.

Immigration Law

PERM

PERM Outline

On March 28, 2005, the Department of Labor (DOL) implemented the current process for submitting Labor Certifications - the Program Electronic Review Management (PERM).  PERM replaced the previous paper system know as Reduction in Recruitment (RIR).  This is the first step for many employment-based green card cases and is required for applicants under category employment-based preference 2 or employment-based preference 3 (EB2 and EB3).

Interview at Buffalo (NY) DO

I had my interview back in November, at the Buffalo (NY) DO. It was so quick we were in and out of the office within 10- 15 mins. We had a very nice woman officer.



She asked us to swear the oath, she asked us 3 questions and wanted to see our utility bills.



Once she had photocopied them, she came back in the room and said my GC had been approved. She said i should recieve it within 2 weeks, which i did.



Hope everyone's GC interview could be so quick and easy.

Consular Processing Experience

State
CA
Email
user4567@mailinator.com

Interview Date: Feb 2009

Consulate: Chennai, India



Jan 28, 2009: Called panel doctor Vijayalakshmi and fixed an appointment for Jan 31st, 11 AM.



30th Jan 2009:

Reached Lister Labs at 6:30 AM and no one was there. Security opened the gate and gave us the first token. We were out by 8:30 AM. Collected Sealed envelope at 4:30 PM. X-Ray, blood test cost: Rs 810.



31st Jan 2009:

Green Card