Siskind Susser Immigration Lawyers attorneys Mikiel Davids and Karen Weinstock of the Atlanta office recently won a landmark case in the U.S. District Court in the Northern District of Georgia against the U.S. Department of Labor. The court ordered DOL to immediately decide a pending PERM application (foreign labor certification) after finding the agency had unreasonably delayed in doing so. Our attorneys brought the case to federal court in order to ensure that the I-140 immigrant petition for their client could be filed with USCIS before the client’s son turned 21, after which point he would no longer be eligible to obtain a green card with the rest of his family. But the I-140 petition could not be filed until DOL decided the labor certification and the agency refused to expedite a decision on the pending PERM application on the basis of the plaintiff’s son’s “ageing out,” or for any reason, including the fact that the application had been pending 4 months beyond DOL’s stated processing times. To the knowledge of the Plaintiff’s attorneys, the victory secured in this case, Kumykov v. Carlson et al., is the first time that a court has ordered DOL to decide a permanent, foreign labor certification by a court imposed deadline. DOL complied with the court’s Order and approved the labor certification prior to the 21st birthday of the plaintiff’s son, allowing attorneys Karen Weinstock and Mikiel Davids to file the I-140 petition with USCIS in time to preserve the family’s ability to immigrate all together, thus preventing irreparable harm to the applicant and his family.
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