On February 20, Nimer Law filed a lawsuit against the U.S. Embassy in New Delhi, India for the delay in issuance of an H-4 visa for a 16-year-old child of H-1B physician and dentist parents. The family had been residing in the U.S. since 2006 in valid H-1B status when they traveled to India in December, 2018 for a family visit. When they attempted to get their visas stamped in order to return to the U.S., the parents were both approved but their teenage son was asked to fill out the DS-5535 supplemental questionnaire and put in administrative processing. After waiting nearly two months with no updates from the embassy, the family hired Nimer Law to file a lawsuit.
On February 21, the day after the lawsuit was filed, Nimer Law also filed an emergency motion for a temporary restraining order to prevent further irreparable harm to the child – who had been forced to miss over seven weeks of school since he could not return to the U.S. without his visa. Furthermore, the child was separated from his parents because they had no choice but to travel back to the U.S. to resume their employment to prevent losing their jobs and thus their underlying H-1B status.
On February 25, the court held a hearing on the motion for a temporary restraining order. We are happy to report that just two days after the hearing, the embassy issued the boy’s visa and he was able to successfully travel back to the U.S. on March 2.
The family is extremely grateful for our swift filing and resolution of the delay, and we are so happy we were able to quickly reunite this boy with his parents and get him back to school.
