NOT RECOMMENDED FOR PUBLICATION File Name: 19a0399n.06 No. 18-2110 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ABDOLSALAM MOHAMED HUSSEIN; TAHANI ) FILED Aug 02, 2019 HUSSEIN AHMED ABDULRAB, ) DEBORAH S. HUNT, Clerk ) Plaintiffs-Appellants, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE EASTERN R. STEPHEN BEECROFT; UNITED STATES ) DISTRICT OF MICHIGAN STATE DEPARTMENT, ) ) Defendants-Appellees. ) ) BEFORE: ROGERS, GRIFFIN, and NALBANDIAN, Circuit Judges. GRIFFIN, Circuit Judge. Plaintiffs appeal the district court’s dismissal of their petition for a writ of mandamus and denial of their motion to amend their petition. Because we agree with the district court that plaintiffs’ original claims were moot and their motion to amend was futile, we affirm. I. A. The Immigration and Nationality Act allows individuals to apply for entry to the United States if they are an “immediate relative” of a United States citizen. See 8 U.S.C. § 1151(b)(2)(A)(i). “[A]ny citizen of the United States claiming that an alien is entitled to . . . immediate relative status under section 1151(b)(2)(A)(i) . . . may file a petition with the Attorney General for such classification.” 8 U.S.C. § 1154(a)(1)(A)(i). Like many other requests made of No. 18-2110,Hussein v. Beecroft, et al. the government, there is a specific form involved: “A citizen or lawful permanent resident of the United States petitioning . . . for a qualifying relative’s classification as an immediate relative . . . must file a Form I-130, Petition for Alien Relative.” 8 C.F.R. § 204.1(a)(1). A petitioner must file the form with the United States Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS). 8 C.F.R. § 204.1(b); 8 C.F.R. § 1.1. “After an investigation of the facts in each case . . . the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is an immediate relative[,] . . . approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned to grant the preference status.” 8 U.S.C. § 1154(b). Then, “[w]hen a visa application has been properly completed and executed before a consular officer in accordance with the provisions of [the Immigration and Nationality Act] and the implementing regulations,” the consular officer must either issue or refuse the visa. 22 C.F.R. § 42.81(a). Section 1201(g) of the Act directs that no visa may issue if the applicant is ineligible under 8 U.S.C. § 1182 (listing classes of ineligible aliens), the visa application does not comply with applicable statutes or regulations, or the consular officer “has reason to believe” that the alien applicant is ineligible for a visa “under . . . any other provision of law.” 8 U.S.C. § 1201(g). “The consular officer shall suspend action in a petition case and return the petition, with a report of the facts, for ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals