An Administrative Procedure Act complaint has been filed claiming the U.S. federal government did not follow procedures when terminating immigrant registration and petitions. The individuals state they were not appropriately notified about immigration visa availability and that the termination was not authorized by the appropriate agency. As such, they claim the termination is wrongful and should be reversed.
The terminations occurred at two U.S. embassies, one in Ecuador and one in South Korea. Per guidelines, only the Secretary of State can terminate the registration as an immigrant at an embassy. Additionally, only the U.D. Department of Homeland Security can revoke a visa petition. One individual who was residing in Ecuador had her brother file the immigration petition in 2005. That petition was approved by U.S. Citizenship and Immigration Services (USCIS). The other individual had their parent file the registration on their behalf while they were living in South Korea. Unknown embassy employees terminated their registrations.
The complaint asks the court to reinstate their registrations. The wait time for family visas is between 10 and 15 years in each of the countries. Starting over would cause excessive hardship for these families.
ILBSG continues to monitor ongoing legal proceedings that may affect our clients. If you have questions about any immigration-related issue, contact us at ILBSG. We put our expertise to work for you to ensure you get the right advice.
