Immigration Law

Tulsa Doctor Sues Feds Over Green Card Delay

"This lawsuit challenges the Defendants' unlawful delay of Plaintiff's application for adjustment of status under a secretive policy that has blacklisted Plaintiff as a "national security concern," when in fact he is not, and illegally prohibited him from upgrading his immigration status to that of lawful permanent resident, despite his eligibility to do so. ... Plaintiff Eiad Sabia is a law-abiding, long-time resident of the United States who is the beneficiary of an approved 1-140 Immigrant Petition for Alien Worker. Plaintiff's employer, Tulsa Hospitalists, Inc., sponsored Dr. Sabia for an 1-140 Immigrant Petition for Alien Worker. The priority date for Plaintiff's 1-140 petition was December 17, 2015. The 1-140 was approved by USCIS on June 27, 2016. On June 8, 2016, Plaintiff filed a timely application to adjust status to that of lawful permanent resident on the basis of the approved 1-140. ... Plaintiff has successfully completed his biometrics appointment. Since then, the Defendants have taken no action on Plaintiff's pending adjustment application. USCIS has refused to adjudicate Plaintiff's application in accordance with applicable legal criteria. Instead, USCIS has applied different rules under a policy known as the Controlled Application Review and Resolution Program ("CARRP"), which has resulted in the agency refusing to adjudicate Plaintiff's application."

- Sabia v. DHS, June 3, 2017