On July 20 the US Court of Appeals for the DC Circuit ruled that the courts can’t review USCIS decisions. An Indian citizen whose immigrant work visa I-140 was initially approved was later revoked by U.S. Citizenship and Immigration Services, an agency of the United States Department of Homeland Security.
A three-judge D.C. Circuit panel unanimously rejected the claim. The D.C. Circuit said “any other decision or action” is broad by definition and Congress would have chosen different words if it intended to limit the scope of the law, and that the INA gives the agency the ability to revoke an I-140 petition “at any time” and for any reason,
Every federal appeals court except the 9th Circuit has now held that visa petition revocations cannot be reviewed in court. According to Law360, nine appellate courts have previously ruled that “courts lack jurisdiction to consider visa revocations made under federal immigration law.”
Under federal immigration law in the Immigration and Nationality Act (INA) section “Denials of Discretionary Relief,” says courts cannot review decisions involving specific types of immigration petitions, or “any other decision or action” made under the discretionary authority created by the law.
A qualified immigration attorney is important so that you can present your strongest case for an immigration visa. The immigration attorneys at Chicago’s Godoy Law Office fight for the rights of immigrants in Illinois and help immigrants navigate the complex and numerous immigration policies, procedures, and regulations. If you need help with an immigration issue, please contact our office at 630-912-0322.
AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
