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How to Turn a USCIS Denial into an Approval

Writer's picture: Emily Singer HurvitzEmily Singer Hurvitz

When USCIS denies your client’s immigration case, there is a strategic option that has been effective in my experience and is becoming increasingly common: 


File a challenge in federal court. 


I recently pursued this route for a client, a highly accomplished film professional, who applied for an EB-1A visa, a category reserved for individuals with extraordinary abilities.


When USCIS initially denied the application, we disagreed with the decision because we were confident in the strength of his case. 


I proceeded to challenge the decision in federal court and that route paid off. USCIS reopened and approved the case without even responding to the lawsuit. This approval also affirmed that our intuition was correct. 


I’ve observed that this approach, which was once uncommon, is gaining more traction as a viable path for denied immigration cases.


© 2022 by Law Office of Emily Singer Hurvitz, PC.

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