There are instances where merely filing a lawsuit results in approval of long overdue actions on petitions/ applications. I would like to share a recent success story with Immigration Daily readers.
Earlier this month, I filed suit regarding the denial by the BCIS of an I-539 on behalf of a domestic servant of a US citizen residing abroad. The client did not file for an EAD until she had been in the US for 2 months, and therefore, although the INS had belatedly granted the EAD, it subsequently denied the I-539 based on unauthorized employment. A second I-539 was filed prior to a decision on the first one, but later was also denied because it had been filed after the period requested in the first I-539. I alleged in the complaint that since the consulate had issued the visa for the specific purpose of working in the US, the EAD was only evidence of employment authorization and not a prerequisite. The complaint also charged that because no decision had been made on the first I-539, the fact that the second was filed "late" was a wrong application of the law. Today we received approval of both I-539s. The client is now free of the 3 year bar that was looming over her head. This example may encourage others to turn to relief in federal courts.
Aggie R. Hoffman, Esq.
Los Angeles, CA
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