Atlanta, GA Tuesday, November 24, 2009 –
Siskind Susser Atlanta Immigration Lawyers Mikiel Davids and Karen Weinstock of the office recently won a landmark case in the U.S. District Court in the Northern District of Georgia against the U.S. Department of Labor.
Recently a judgment was ordered and filed by the court on behalf of the plaintiff’s attorneys. This is an unprecedented success in this area. “The court issued expenses against the government in this case which is really extraordinary ” said Karen Weinstock, managing attorney of the Atlanta Immigration law firm. “Not only that the court concluded that the government’s position is not justified”, she added, “but the court agreed to award a higher hourly fee for our immigration law expertise”.
This case is the first in the country of its kind. The court ordered DOL to immediately decide a pending PERM application (foreign labor certification) after finding the agency had unreasonably delayed in doing so. Our attorneys brought the case to federal court in order to ensure that the I-140 immigrant petition for their client could be filed with USCIS before the client’s son turned 21, after which point he would no longer be eligible to obtain a green card with the rest of his family. But the I-140 petition could not be filed until DOL decided the labor certification and the agency refused to expedite a decision on the pending PERM application on the basis of the plaintiff’s son’s “ageing out,” or for any reason, including the fact that the application had been pending 4 months beyond DOL’s stated processing times.
DOL complied with the court’s Order and approved the labor certification prior to the 21st birthday of the plaintiff’s son, allowing attorneys Karen Weinstock and Mikiel Davids to file the I-140 petition with USCIS in time to preserve the family’s ability to immigrate all together, thus preventing irreparable harm to the applicant and his family.
By ordering the fee award against the government, the Court concluded that the government’s position in this case was not substantially justified. The government never provided any legitimate or specific reason for the delay, and then, after the court’s order, the DOL was able to process and approve the plaintiff’s PERM application within 48 hours.
Media Contact: Karen Weinstock
404-935-0056
Kweinstock (at) visalaw (dot) com
http://www.visalaw.com/atlanta.html
About Siskind Susser:
Siskind Susser is one of the largest immigration law firms in North America and its Atlanta Immigration attorneys, a part of the Atlanta law firm have experience handling all aspects of American immigration and nationality law . Siskind Susser also can assist clients with immigration matters outside the US. We are co-founders of Visalaw International – the Global Immigration Law Alliance and work with many of the world’s top immigration specialists assisting companies and individuals relocate anywhere in the world. Our lawyers provide consultations to corporations and individuals on immigration law issues and handle cases before the government.
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