Legal Question in Immigration Law in Nebraska
Hi there
I filed i-140 petition for the EB1 visa as a person with extraordinary ability. USCIS denied petition more than 1 month ago. Thus, I am not eligible to file appeal for the denial. Also, I would not like to send the petition again, because I am not more engaged in the main activity of "extraordinary ability".
But I would like to file a lawsuit in the Federal Court against USCIS regarding i-140 denial. Could you please tell: is there any deadline for filing lawsuit? Which law regulates such deadline?
I've got denial in June, 2016.
Asked on 8/27/16, 12:19 pm
1 Answer from Attorneys
Marlene Hemmings
Marlene Hemmings, Attorney at Law
You cannot sue USCIS for denying your case. You can file a motion to reopen or reconsider within 30 days of the denial, or you can re-file the case.
Answered on 8/27/16, 2:03 pm
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