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Keywords

motionmotion to dismiss
motionmotion to dismiss

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George v. Napolitano

Facts

Binu Kurien George, a citizen of India, filed an I-485 Application for permanent residency on August 3, 2007, concurrently with an I-140 Petition filed by his employer, Intuit, Inc. After leaving Intuit for another job, the I-140 Petition was withdrawn by Intuit on July 16, 2008. USCIS subsequently denied George's I-485 Application, stating that without an approved I-140 Petition, he was ineligible to adjust his status. George's attempts to challenge this decision were based on claims that USCIS acted arbitrarily and that he was entitled to relief under the Portability Provision of the Immigration and Nationality Act.

Binu Kurien George, a citizen of India, filed an I-485 Application for permanent residency on August 3, 2007, concurrently with an I-140 Petition filed by his employer, Intuit, Inc.

Issue

Did the USCIS act arbitrarily and contrary to law in denying George's I-485 Application for Adjustment of Status due to the lack of an approved I-140 Petition?

Did the USCIS act arbitrarily and contrary to law in denying George's I-485 Application for Adjustment of Status due to the lack of an approved I-140 Petition?

Rule

An alien cannot adjust status to permanent residency without an approved I-140 Petition, as required by 8 U.S.C. 1255. The Portability Provision under 8 U.S.C. 1154(j) allows an alien to continue pursuing adjustment of status only if they have an approved I-140 Petition.

An alien cannot adjust status to permanent residency without an approved I-140 Petition, as required by 8 U.S.C. 1255.

Analysis

The court determined that George lacked standing to challenge the denial of the I-140 Petition since the prospective employer, not the alien, is the proper party in such cases. Furthermore, the court found that USCIS's denial of George's I-485 Application was lawful because he did not have an approved I-140 Petition, which is a necessary condition for the adjustment of status. The court also noted that the Portability Provision requires an approved I-140, which George did not possess.

The court determined that George lacked standing to challenge the denial of the I-140 Petition since the prospective employer, not the alien, is the proper party in such cases.

Conclusion

The court granted USCIS's motion to dismiss George's claims, concluding that he did not have the necessary standing or legal basis to challenge the denial of his I-485 Application.

The court granted USCIS's motion to dismiss George's claims, concluding that he did not have the necessary standing or legal basis to challenge the denial of his I-485 Application.

Who won?

The USCIS prevailed in the case because the court found that George did not meet the legal requirements for his I-485 Application due to the lack of an approved I-140 Petition.

The USCIS prevailed in the case because the court found that George did not meet the legal requirements for his I-485 Application due to the lack of an approved I-140 Petition.

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