GT’s immigration litigation team recently secured a record mandamus victory in federal court for a delayed I-829 case pending for over four years. Despite numerous requests to United States Citizenship and Immigration Services (USCIS) and the USCIS Ombudsman’s office to provide a substantive case status update on the matter, it took the filing of a mandamus action to have the case approved in a month’s time. This is the latest mandamus success for GT’s immigration litigation team, which has worked with numerous clients to resolve long pending and unreasonably delayed immigration cases pending with USCIS by filing mandamus actions in federal district court.

Greenberg Traurig 在创纪录的时间内实现了执行强制令的胜利

GT 的移民诉讼团队最近在一个悬而未决四年多的 I-829 案件中在联邦法院取得了创纪录的胜利。尽管 过去曾多次向美国移民局和 USCIS Ombudsman办公室就此事要求提供实质性案件状态更新，但该案件在递交执行强制令后一个月内获得批准。这是 GT 移民诉讼团队申请执行强制令最新的成功案例，GT 的移民诉讼团队已经帮助了很多客户，通过在联邦地方法院中递交执行强制令申请，解决由于审理时限长和不合理延误导致案件一直处于审理中的各类移民局案件。

Greenberg Traurig Giành Chiến Thắng Với Quyền Khiếu Nại (Mandamus) trong Thời Gian Kỷ Lục

Nhóm tranh tụng về nhập cư của GT gần đây đã giành được chiến thắng kỷ lục với quyền khiếu nại (mandamus) tại tòa án liên bang đối với một trường hợp đơn I-829 bị trì hoãn trong hơn bốn năm. Mặc dù có rất nhiều yêu cầu được đưa ra đối với Sở Nhập tịch và Di trú Hoa Kỳ (USCIS) và văn phòng Thanh tra USCIS để cung cấp thông tin cập nhật về tình trạng cơ bản của trường hợp trong vấn đề này, nhưng phải đệ trình một đơn khiếu nại để vụ việc được phê duyệt trong thời gian một tháng. Đây là thành công mới nhất của việc thực hiện quyền khiếu nại đối với nhóm tranh tụng nhập cư của GT, nhóm đã làm việc với rất nhiều khách hàng để giải quyết các trường hợp nhập cư đang chờ xử lý kéo dài và bị trì hoãn một cách vô lý của USCIS bằng cách đệ trình các đơn khiếu nại lên tòa án quận liên bang.

Tags: form I-829, Form I-829 Petition, I-829, I-829 petitions, mandamus, USCIS
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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of

…

Kate Kalmykov is based in our New York and New Jersey offices and has over two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956,G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked as her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.

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