Our client’s derivative-based Adjustment of Status (AOS) application was denied. USCIS stated in its denial that the applicant had been out of lawful nonimmigrant status for more than an aggregate amount of 180 days. We filed a lawsuit against the Department of Homeland Security (DHS) and others (Defendants) alleging, inter alia, that our client (the Plaintiff) would have been out of lawful nonimmigrant status for less than an aggregate amount of 180 days had the Defendants adjudicated Plaintiff’s earlier H-1
Status
The Defendants settled before submitting an answer to the complaint. Accordingly, Plaintiff’s AOS was approved.