Santiago J. Padilla, P.A.

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Located in the Miami metropolitan area, the law office of Santiago J. Padilla, P.A., offers comprehensive services for business clients with a variety of needs.

Filing a Lawsuit to Challenge an Immigration Denial

Visa denials have reached over 60% in certain categories, with the L-1 visa suffering the most repercussions. However, the answer may be filing a lawsuit in federal court. Many clients resist this option, but it is becoming more of a necessity. I have traditionally filed petitions and applications that have detailed legal arguments and are chocked full of relevant evidence so that if the client is willing and able, there is the availability of an appeal to the courts.

In particular, under the Administrative Procedure Act, an incorrect decision by the U.S. Citizenship and Immigration Services ("USCIS") can be challenged in federal court. While an administrative appeal to the Administrative Appeals Office ("AAO") is the traditional route to appeal an adverse decision of USCIS, I have advocated that filing a lawsuit in federal court under the Administrative Procedure Act may be faster and more effective, particularly if the decision by USCIS is wrong, such as where USCIS found that the President and Chief Executive Officer of the foreign employer was not an executive, especially if the beneficiary had multiple professional and managerial persons under her responsibility.

The only caveat that I would provide is that a record must clearly be established when filing the petition. For example, for a multinational executive, the petitioner should cite to the federal statute and should also cite and quote from Administrative Appeal Office precedent decisions, such as Matter of G-Inc., a decision where USCIS set forth the basis for an approvable petition under the "functional manager" section of Section 203(b)(1)(C) of the Immigration and Nationality Act.

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If you have any questions regarding immigration law or the process for immigrating to the U.S., please contact Santiago J. Padilla at 1-800-483-7197.

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