Mumbai: The US Appeal Court has rejected the lawsuit filed against the US State Department with a group of investors and their family members, who are looking for exceptions from their couples and children from the EB-5 quota.
This is a green card program related to investment; While the EB-5 regional center program has been formed on June 30, direct investment and employment creation is still possible to qualify under the program.
The additional downside of this assessment is that it will also have an impact on litigation regarding other visa categories.
Although the US immigration and nationality act (INA) did not have a hat on a visa for direct relatives of US citizens, he limited three other visa categories – sponsored families, jobs and diversity visas in various degrees.
Ina demanded the Ministry of Foreign Affairs (DHS) to calculate the pair of investors and children against the lid for investor visas, observing the court.
The annual cover for EB-5 visas is usually 10,000.
“When investor visa, the Department of Homeland Security (DHS) must continue to calculate the visa given to the pair of investors and children,” the three-member bench led by the head of the Srinivasan judge who was confirmed.
Cyrus D.
Mehta, a New York-based immigration lawyer told TII that, “Provisions in Section 203 (d), can be interpreted not to count family members.
Although this case involves the Plaintiff who limits their arguments to the EB-5 cap for cards Green Investors, this case will throw PALL on additional lawsuits with the Plaintiff who make the same argument with the category of work or other family visas.
“Although many immigration lawyers hope that the Biden government can reinterpret section 203 (d) not including the calculation of members Family, assessment in the case of Feng Wang and others, is the last nail in the coffin, “he added.
The Biden government also requested ideas to remove obstacles and obstacles to legal immigration, and some recommended reinterpretation of part 203 (d) by not counting family members.
It will greatly disappear the situation of the people waiting in the decade backwards.
Incidentally, the broad citizenship bill was announced in early February, as soon as President Biden swore, has tried to reduce the family-based green card backlog by freeing the couple and children of green card holders from the annual green card quota.
“If the Biden government wants to reform the immigration system through executive action, reinterpretation of law not to calculate family members in the green card category will be one way to impose this, and administration should not oppose the plaintiff in this case,” summarizing Mehta.