Courts cannot compel U.S. Citizenship and Immigration Services (USCIS) to issue work authorizations, but they can evaluate the reasonableness of processing delays, U.S. District Court Judge Brandy R. McMillion ruled Thursday. This decision reversed her prior dismissal of a proposed class action brought by U-visa petitioners.
In September, Judge McMillion had dismissed the lawsuit citing lack of standing. However, following a motion to alter the judgment, the court recognized it could consider whether USCIS has unreasonably delayed making “bona fide determinations,” the initial step in its overwhelmed process.
The U-visa petitioners clarified in their motion that they were not asking the court to force USCIS to issue work authorizations. Instead, they sought to have the agency make the initial determinations necessary for processing their work authorizations.
“This is factually distinct from how the court analyzed the motion to dismiss,” Judge McMillion explained. “Consequently, to prevent manifest injustice, the court finds that plaintiffs do have standing to request a decision with respect to the issuance of a [bona fide determination].”
