FEDERAL COURT COMPLAINT CHALLENGING USCIS’ INTERPRETATION OF REGULATIONS YIELDS POSITIVE RESULTS.
by Rabindra Singh
Received approvals on long-pending Motion To Reopen and Reconsider; and Nunc Pro Tunc B-2 Extension Application (to cover the gap of more than 30 days between previously-accorded B-2 nonimmigrant status and “deferred” program start date) submitted in connection with a previously denied B-2 to F-1 Change of Status Application.
Our law firm challenged USCIS’ erroneous interpretation of the regulation by submitting a Federal Court Complaint in the United States District Court for the Northern District of Illinois which resulted in USCIS approving both Motion to Reopen and Reconsider and Nunc Pro Tunc B-2 Extension Application.
I had previously written an Article (published by Law360) explaining why USCIS’ interpretation of the regulation is erroneous and which if challenged in the Federal Court of law could produce positive results.