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Greg Siskind on Immigration Law and Policy

LABOR DEPARTMENT LOSES IN SUIT TO FORCE FASTER DECISION ON PERM CASE

Rating: 3 votes, 5.00 average.

This is a case of national importance and I'm proud to say it was argued by lawyers Mikiel Davids and Karen Weinstock from my law firm's Atlanta office. Here's the press release:



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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Comments

  1. Legal and no longer waiting's Avatar
    That's great news! Congratulations on the important win.
  2. SkilledImmigrant's Avatar
    Good work, God bless. I aged out of an application for my parents filed by grandmother, who is a US citizen. It's really disappointing and saddening, I wouldn't wish it on anyone else.
  3. Legal-immigrant's Avatar

    Greg, Congrats to your folks.
  4. Enoch's Avatar
    Excellent! Congratulations!
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