There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).īut, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.
The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. It is not the U.S constitution or the constitutional law that is in question here.
