The judge will take one of three actions: - Grant your application, reverse USCIS' decision, and naturalize you as a citizen. Something is seriously wrong, and you may or may not be eligible to get your visa approved. Approval rates do not guarantee future approval of your petition. KATE MELLOY GOETTEL: Hi, Elissa. The second type of claim you may be able to bring is a Bivens claim (which is named after the case of that name). What is the next step I should take in considering a lawsuit? There may be a strong case to be made that a delay of over 6 months for a temporary benefit like an EAD could be unreasonable. Federal court review is a very powerful weapon because USCIS hates when the federal courts get involved with their decisions. The court is allowed to deny the application if it believes that the individual does not meet the requirements for citizenship (legal permanent resident status; residence and presence in U. ; and good moral character for requisite period of time(s)). Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case. Immigration lawsuits in Federal Court - O-1, P-1, EB-1A visa litigation lawyers in Federal Court. With more than 240, 000 employees, it is the third largest federal department (after the Departments of Defense and Veterans' Affairs). That you need the court's intervention because USCIS is not doing their job. Legal fees under EAJA are calculated according to factors that may not be equal to the actual legal fees. The uncertainty of not knowing what the future holds is stressful enough.
He even contacted his congressman with no luck. Ideally, having to sue USCIS for delay in your naturalization application is a last resort. Also, the AAO process can take months, and the beneficiary risks accruing unlawful presence during that time if he/she stays in the U. while the appeal is pending. What happens when you sue uscis for green card. You also do not have to file a written claim with DHS before you can bring a Bivens claim in federal court. When a decision is finally made, it is not always favorable. From there, we will suggest one of our best immigration attorneys to consult with. The mandamus action cannot compel USCIS to approve the application, but it does compel USCIS to make a decision on your application, which means that USCIS could approve or deny the application. In our experience, the government tends to be more careful and cautious in such cases because it knows that it may be answerable to a judge if it acts in bad faith. A case delay lawsuit is also called a Mandamus lawsuit or APA (Administrative Procedures Act) lawsuit.
Case Delay Lawsuits | Suing the Government for Case Delays. For Service of Process. Even though this requirement is not specified in the statute of the 1447b lawsuit, it is a regular practice for lawyers to file with the respective district court of the applicant's residence. While it can be helpful to have a compelling reason or purpose for applying for the visa or immigration benefit, it is not mandatory. Filing a writ of mandamus against a consulate or USCIS is complicated, and best handled with professional legal assistance. My case has not been denied, but has been delayed for a long time. There are problems and there are limitations to this and I want you to be aware of what they are. Furthermore, the regular appeals process to appeal denied cases are not effective and take a long time. Immigration Denial Litigation. Imagine the government was holding up your application for U. citizenship for no reason. But there are a number of other alternative that may be available. In prior cases, we have achieved success by simply filing the lawsuit without having to do more because USCIS then immediately acted upon our client's immigration petition. But a visitor visa seems like too thin of a story to me, and I would not take on a case like that.
They understand the stakes are high for most immigrants and that sometimes legal action is necessary to move things along. What happens when you sue uscis for change. Generally, USCIS is supposed to make decisions on most non-immigrant employment visa petitions within 60 days. We're Fearless: We're used to litigating high stakes, bet-the-farm issues. Although both government agencies like USCIS and immigrants themselves may see themselves as suffering from circumstances beyond their control, a lack of meaningful solution to the growing backlog of immigration cases across several government agencies (not only the immigration courts) is having a spillover effect by leading to more resource-intensive litigation efforts in the federal civil courts.
Many immigration lawyers go their entire career without entering a courtroom. ", let us touch on the potential outcomes of the 1447b lawsuit. When I opened my own firm and began handling immigration cases, the primary complaint I got was that people had been waiting for their citizenship for way too long. Fundamentally, is litigation against delays in the immigration process a viable option in your case? If the U. S. government has already granted you a green card and recognized you as a lawful permanent resident, you are likely inclined to apply for U. citizenship through naturalization. If the USCIS does not make a ruling, the judge can make a ruling on their own. If I want to sue the USCIS, what else should I consider? Can I Sue the Department of Homeland Security (DHS. I've filed mandamus lawsuits to resolve delayed F-1 visas, L-1, J-2, and many other types of non-immigrant visas. It was formed in 2003 after the 9/11 attacks; its mission involves anti-terrorism, border security, cyber security, customs and immigration, and disaster prevention and management.
We will steer you on the right path and always advise you based of the best option for you. Your claim needs to be complete and must include an amount for the damages you are seeking. So we know that they're not processing these in any sort of systematic line but rather that there are people who applied in 2020 who are just stuck because, frankly, their immigration files are stuck. That's why it is important to call Nalbandian Law at (818) 244-0310 or contact us online for an expert consultation with lead attorney and immigration expert Sassoun A. Nalbandian.
While a 1–2 year security check for such individuals may not be considered unreasonable, security checks extending beyond that are less likely to have a sympathetic hearing from a judge. These other categories have shown no recent increase. The court may also remand the case to the USCIS with instructions to proceed with the application process. In fact, immigration applications are sometimes denied. Is that going to be possible? But it does NOT have to be the end of the story. A mandamus lawsuit is not going to make a visa get approved if it otherwise doesn't deserve to be approved. Once a lawsuit has been filed against the USCIS, it usually names several defendants - the Department of Homeland Security, the U. S. Citizenship and Immigration Service (USCIS), the heads of each of those agencies, and the local field office.
Hence, if you have asked yourself whether you can sue USCIS for delaying your case, the answer is yes! As you can imagine, there's a number of steps and bureaucratic process that has to take place in order to approve someone for naturalization, and that process takes many months. As a practical matter, you should ask these questions of yourself and seek input from your lawyers: - Is your case delayed beyond the standard processing time published by the government? Now, if the US government fails to meet this deadline, you have the right to file a 1447b lawsuit against USCIS over delays concerning your application in Federal District Court. Second, there is little incentive for the government to retaliate. The biggest hurdle in winning a lawsuit against the government is the Constitutional law theory of separation of powers. Our firm (which has former government lawyers on staff) has never seen any evidence suggesting that the government retaliates against petitioners who sue the government. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. We pride ourselves on our ability to work well as part of a larger team. They're in administrative processing for no reason at all. Many immigrants fear suing the USCIS believing they may anger government officials who, in turn, could retaliate by denying their application. The case gets a higher level of review as the US attorney's office and USCIS higher-ups determine whether they really want to fight the particular case in open court.
If you need a court order telling those officials to do or not to do something in the future, which lawyers call "injunctive relief, " you can get that in a Bivens case, too. Filing suit in Federal Court does not require an employer to exhaust administrative remedies such as filing an MTR/appeal. What is the Process? No, under the Administrative Procedure Act, stakeholders who have issues with decisions from United States federal agencies only have to exhaust MANDATORY remedies inside of the agency. However, there may be a way to speed up your case. Mandamus actions empower the federal court to instruct other agencies such as USCIS to perform its duties, exercise its judgement, perform its judicial functions, and follow the clear statement of the law. In fact, you may even consider suing the consulate.
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