The U.S. Department of Homeland Security submitted a bid to put an end to a lawsuit filed by nonimmigrant spouses suing DHS for excessive delays in visa and work authorization requests. A federal judge denied the bid. The lawsuit continues as spouses still have active claims.
DHS suggested that U.S. Citizenship and Immigration Services (USCIS) adjudicated the applications of all plaintiff spouses who were involved in the lawsuit. A subsequent group joined the complaint. Per DHS, all filings were adjudicated, and no legal basis remains.
However, the judge stated that even though matters were adjudicated, issues that caused the delay originally have not been addressed. To that point, a third amended complaint was submitted for additional nonimmigrant spouses who are still waiting.
Originally filed in March 2021, a group of H-4 and L-2 visa holders stated USCIS unreasonably delayed the processing of their extension. The H-4 and L-2 visa is reliant on a partner’s H-1B visa status. Work authorization was also delayed for these individuals, causing the families undue financial hardship.
In June 2021, a summary judgment was filed by both the spouses and DHS. The federal judge shut down both parties’ bids in this current action.
The spouses claim USCIS disregarded the statutory and regulatory timelines, citing sections of the Immigration and Nationality act. One section requires a 30-day deadline for processing L-2 benefit requests. They also cited statutory text claiming 180-day timelines for H-4 benefits.
The judge stated the L-2 visa timeline text cited by the spouses is applicable to the petitions of the importing employer, not the applications filed by the applicants. For the 180-day requirement, the judge stated the deadline was not mandated by Congress, solely “endorsed” and as such, not a requirement.
However, for the latest round of nonimmigrant spouses who joined the complaint, insufficient information is available to the judge, and therefore, the lawsuit must continue.
If you have questions about your status or any immigration-related issue, contact us at ILBSG. We work with our clients for their specific situations to ensure they get the right advice.