In Patel v. USCIS, the Sixth Circuit Court of Appeals held that the Beneficiary of an I-140 (Employment-Based) visa petition had standing to sue under the Administrative Procedures Act. This decision is particularly interesting because the Petitioning Employer who filed the I-140 petition failed to obtain a labor certification for the Beneficiary before filing the I-140, which is a requirement for filing the I-140. Instead, the Petitioner included a Labor Certification obtained by a different employer for the Beneficiary several years ago with the I-140 petition. The Court appears to believe that the I-140 was approvable as filed and that USCIS was arbitrary and capricious in denying the I-140. It will be interesting to see what happens in this case!
When people come to me for help and tell me that their spouse or partner is threatening them with deportation, several things run through my