Win for Asylees trying to bring relatives to the U.S.
On February 25, 2013, Judge Nicholas G. Garaufis of the Eastern District Court of New York approved a final settlement in Tsamcho v. Napolitano (2010). Tsamcho challenged the policy of the United States Citizenship and Immigration Service (“USCIS”) of re-opening and denying asylees’ I-730 petitions (Refugee/Asylee Relative Petitions) when the beneficiaries of such petitions were unable to appear at consulates abroad for an interview and processing. Pursuant to the settlement agreement, USCIS agreed to reopen I-730 petitions that were previously approved but then reopened and denied because the beneficiary did not appear for processing at the U.S. embassy or consulate. Further, USCIS agreed that it will not deny I-730 petitions going forward, and instead will hold I-730 petitions when a beneficiary does not appear at a U.S. embassy or consulate for an interview and processing. The I-730 petition will continue to be processed when the individual who filed the petition notifies USCIS that the relative is available to appear.