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At the same time, if the lawsuit results in a faster adjudication of your immigration application, such as an EAD, it may be worth the investment. Courts do not like to interfere with the processes of a co-equal component of the system, the government. Evidence that you have filed an application for citizenship with the USCIS, Form N-400, and that you have been interviewed or examined and it has been at least 120 days since the date of the interview/examination with the immigration service. He had called the USCIS 1-800 number. Of course, some individuals may want closure, and litigation does provide that. Can I Sue the Department of Homeland Security (DHS. Only the federal district courts have jurisdiction to review ABC class membership. Once this happens you have a valid case to file a Federal lawsuit to force USCIS to make a decision. The federal government is facing a flurry of lawsuits for failing to take action on a variety of immigration-related applications. Before this period has passed, you cannot sue USCIS for delay via 1447b. There are a few reasons for this.
The lawyers at Sarraf Gentile LLP have decades of federal courtroom experience and have worked closely with government lawyers. It was delayed in administrative processing for several months. Step Five: If an agreement cannot be reached, then a motion for judgment is filed with the Court. The following page of our site contains information on eligibility, process, required documents and cost to file such a legal action: Lawsuits against the U. S. Immigration Service (USCIS). I'm wondering, how is what's happening here different than the wait times applicants typically experience? Once you file an N-336, the stakes are raised for USCIS because if USCIS denies your N-336, you can go directly into federal court. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. In order to sue USCIS for delay in your case, you will need to refer to federal statute 8 U. C. 4 Reasons Not To File A Lawsuit for Administrative Processing. § 1447(b), or simply referred to as 1447b, which puts USCIS under the obligation to respond to your naturalization application within 120 days after your naturalization interview. If the government does not act within a reasonable amount of time, individuals and companies, also called the Plaintiff in the lawsuit, can sue the government in federal court to compel the government to act. For a dedicated one-on-one consultation with one of our lawyers, click on the button below to schedule your consultation. If you are thinking about seeking a writ of habeas corpus, you might want to consult a criminal defense attorney or an immigration attorney with specific experience in this area.
As a direct result of policy memoranda USCIS has attempted to create new requirements for H-1B employers. However, there may be a way to speed up your case. What happens when you sue someone. Equal Access to Justice Act or EAJA is a federal law that provides for a financial benefit for people who prevail over lawsuits against the federal government. One advantage is that it would be an easier decision in certain cases for the US attorney to only have to change one is USCIS generally careful in litigation?
If your naturalization application is denied, you can file an N-336, Request for Hearing on a Decision in Naturalization Proceedings. Adding to that stress can be the long delays often encountered in dealing with a bureaucracy that moves at its own speed. Because government officials are rarely emotionally invested in rejecting an application. MELLOY GOETTEL: Well, so a lot of the applicants know through their attorneys that their immigration files need to be retrieved. Lawsuits Against the U.S. Immigration Service (USCIS. In What Cases an Immigrant Can Sue the USCIS? Not only that, at a time when the government is denying or delaying decisions at a record frequency, a lawsuit might be your most promising option for success after filing an unsuccessful petition. The information contained here is general in nature and it may not necessarily apply to all situations. District Court identifying the following issues: - Jurisdiction; - Factual Basis; and. In simpler words, 1447b states that the District Court should go after the government for not meeting the set deadline. If I sue the USCIS, how long will it take before I receive a decision on my pending application? The application was rejected two times.
Asif had been waiting a year for his naturalization case to be decided. ", let us touch on the potential outcomes of the 1447b lawsuit. If your case was wrongly denied, despite you having provided an expert opinion which stated otherwise. Can I get my legal fees reimbursed? But the question is: how long is too long to wait to receive your green card or your oath ceremony to become a U. S. citizen? Green Card cases can also be indefinitely delayed, and if a case is delayed, the applicant may not be able to work for certain employers or provide evidence of their status. What Is the Department of Homeland Security? What happens when uscis transfers your case. Send your case to the USCIS with an order to speed up the processing of your case (this is the likely outcome, and in a majority of our cases, our clients received their oath ceremonies in just a few months after filing the lawsuit! We believe in our skills and our clients' cases. Unfortunately, the success rate with the AAO tends to be low. EAJA provides for compensation if the government's position in the delay is not substantially justified.
When the court decides to remand the case to USCIS, there are specific instructions and time limits by which USCIS must finish adjudicating the case. Deny your application if the court believes that you don't meet the requirements for citizenship. This blog article may constitute attorney advertising. Specifically, our principal immigration lawyer, Adrian, has extensive experience as a Trial Attorney at the Department of Justice, which offers him a unique perspective over these specific cases, as he used to defend these cases in the past on behalf of USCIS. This is particularly true on delayed cases and partial approvals. Filing a lawsuit against the appropriate US Consulate or USCIS may be the only way to get your case processed. So if you find yourself wanting to bring a Bivens claim, you may want to consider consulting an experienced civil rights attorney. What happens when you sue uscis for review. The approval is then followed by a motion to dismiss the case in district court.
There are four reasons why mandamus may not be appropriate for a delayed visa that's stuck in administrative processing. Our immigration expert team offers a free screening to determine whether we can help you or not. As a result, USCIS has completely changed the way that cases are adjudicated, which has resulted in more RFEs and denials. Finally, unlike with the AAO, suing in district court does provide the option of seeking an injunction that would prevent the beneficiary from accumulating unlawful presence during the lawsuit. The uncertainty of not knowing what the future holds is stressful enough. If I want to sue the USCIS, what else should I consider? You seek these writs in federal court to challenge the conditions or length of detention. IT staffing companies have unarguably been the hardest hit. What Legal Claims Might You Bring Against DHS or its Agents? 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)).
Schedule a Consultation Today! In recent years, the processing times for cases at USCIS has grown considerably, leading to many immigrants waiting for prolonged periods of time to find out if their paperwork will be approved. It is also subject to change at any point in time. He had made InfoPass appointments to discuss the case. Our Naturalization Services. A St. Louis, MO immigration lawyer can guide you through the process of bringing the case to a federal judge to help you get answers. Alternatively, a petitioner whose application is denied can typically appeal to the Administrative Appeals Office (AAO). What are EAJA fees to get my legal fees paid back? When I began practicing immigration law, I thought that I was leaving litigation behind. Done properly, there are benefits to suing the government to reverse an immigration decision. He even contacted his congressman with no luck.
Once this Mandamus action is filed, the USCIS will not retaliate, because suing the USCIS does not sue for an approval. By December 2021, that number grew to 466, and in May 2022, that number grew again to 647. He will review your situation carefully and evaluate if a federal lawsuit is the best action to take. To learn more, call today. White & Associates has more than 20 years of litigation experience, having undertaken immigration-related class actions and successfully representing plaintiffs in mandamus cases and compelling government action on stalled immigration and visa applications. What Documentation Do I Need Before Suing the USCIS?
Applying for immigration benefits can be a complex process. This is really hard to do. USCIS has posted processing times on their website, and it is appropriate to make a mandamus suit when these times are surpassed. Consider consulting an attorney who can help you better understand your legal rights and, if necessary, represent you in court. Immigration and Customs Enforcement (ICE): detention and removal of non-citizens. Take control over your case! There are a number of potential benefits to suing the government: - Your case will be reviewed by a federal judge who does not work for USCIS or the executive branch of government, and who is expected to view your case objectively.
But there are a number of other alternative that may be available. The process of naturalization is time-consuming and requires plenty of resources, including money and preparation with seasoned lawyers.