He had even contacted the office of his US Senator. First, consider the state in which you are filing, this could affect your ability to bring a legal action. The Supreme Court has ruled in three situations the Constitution itself lets you bring a lawsuit: - If the government violates your Fourth Amendment right to be free from unreasonable searches and seizures. Immigrants are suing the U.S. government over delays in citizenship process. Lawsuits Against the U. S. Immigration Service (USCIS).
Attorney's Office to request appropriate action on the pending application. With more than 240, 000 employees, it is the third largest federal department (after the Departments of Defense and Veterans' Affairs). Courts and AUSAs may be more likely to intervene at an earlier stage for certain types of applications, such as naturalization, because of the stakes for the individuals involved. The answer is perhaps it is, but be mindful of the relevant factors, including the uncertainty of the outcome and expenses involved. Free initial consultations. What happens when you sue uscis for a. I researched the laws and judicial decisions on these citizenship delay cases and asked the people who came to see me if they wanted to sue USCIS. Keep in mind that mandamus lawsuits do not change the outcome of a petition, they only make USCIS decide quickly. In terms of actual formal rulemaking nothing has changed at all. Multiple attorneys had previously told our client that nothing could be done to speed up the process. If you continue to put up with the onslaught of RFEs and denials, they will surely keep coming.
Bringing a federal action against USCIS may seem daunting at first, but while daunting it may become a necessity to ensure that you as an employer can continue to recruit foreign talent and run an effective business. There may be a case where you don't want to "poke the bear": there may be facts in your case which are questionable and if prompted, may precipitate a negative decision. Partial approvals/Partial denials- A classic example of this is an H-1B that is requested for 3 years, but that is only approved for 6 months. First, the government is prohibited from retaliating. In fact, immigration applications are sometimes denied. For this reason, they typically prefer to settle the case outside of court rather than have the court make a decision on the merits of the case. Once you decide to litigate, it usually is advantageous to retain lawyers willing to represent you on a flat fee basis. Annapolis Immigration Delay Lawyer | Delayed USCIS Application. The court is permitted to issue an order requiring that USCIS adjudicate (make a decision) on the application within a specific period of time, generally 30 to 90 days. USCIS is more likely to treat petitions that might lead to litigation with care due to the exposure of potentially setting precedent in court and also being embarrassed in the media. If your case is unreasonably delayed, or if your case is taking longer than the normal proceeding time. Among other measures, USCIS has sought to improve access to employment authorization documents, expanded premium processing, and streamlining many processes. What Documentation Do I Need Before Suing the USCIS?
We are very proud of our near perfect success rate with Mandamus Action/Petition for Naturalization/APA Action lawsuits. In cases where firms are unable to provide contracts, statements of work, purchase orders etc. Like any government agency, the U. S. Citizenship & Immigration Services (USCIS) is run by people. Then, there is a hearing or trial scheduled by the court. Attorney's office receives a copy of the USCIS lawsuit, it is assigned to a particular Assistant U. Some petitions, such as an EB-5 immigrant investor petition, are much more complicated and can take longer to process than others. Can I Sue the Department of Homeland Security (DHS. Done properly, there are benefits to suing the government to reverse an immigration decision. "Reasonable" is a "rubber-band" term, stretching with various interpretations. Practices immigration law throughout the United States and its territories.
The reason USCIS don't do this is simply because there is no valid justification for shortening the validity dates. The immigration laws are complex. What Documentation Do I Need? Something is seriously wrong, and you may or may not be eligible to get your visa approved. Less common, we value collaboration. Stage Two: (Service of Process). This is one additional benefit of litigation: it is more likely to ensure a proper application of the law because there is a neutral third party involved. If your I-130 or I-485 has been pending for more than two years, you should consider filing a mandamus action in federal district court. What happens when you sue uscis for immigrant. I went back into litigation mode and drafted a lawsuit in federal court. As soon as the case goes beyond the posted processing time you have a valid case to file a Federal lawsuit to force USCIS to make a decision. As well as having a strong Immigration team we also have experienced Federal Litigators, who are ready to fight on your behalf. When There Is a Serious Problem. Additionally, where a cap case is denied, re-filing the petition is not even an option. What does this mean?
4 Reasons NOT to File a Mandamus Lawsuit for Administrative Processing! Most people who contact me are frustrated. This approach is different in different US regions and varies from judge to judge within the same region. 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. No one likes litigation, but if the government is not taking any action on your application or petition, you may have no choice. Can you sue uscis. If you prevail in your EAJA fees application, you can get the judge to order the government to pay back all or part of the legal fees you paid to bring the lawsuit against the government. For the first 12 years of my legal career, I spent a lot of time in courtrooms - arguing motions, taking testimony from witnesses and trying cases. Mandamus is available for any action that USCIS is supposed to do but does not.
We've represented many people in difficult situations, especially when their livelihoods are on the line, against adversaries with nearly unlimited resources. You may not want to tackle the challenge on your own. A trusted immigration attorney may be able to help you with your case. But then one morning, I received a call from a young man named Asif. He's been given that sad, lame excuse about why they can't issue the visa for five years.