CAN YOU SUE USCIS IF YOUR IMMIGRATION PETITION IS TAKING TOO LONG?
The short answer is “yes.”
One of the most frustrating aspects of dealing with the immigration system can be long delays. The uncertainty of not knowing what the future holds is stressful enough. Adding to that stress can be the long delays often encountered in dealing with a bureaucracy that moves at its own speed.
The good news is that there are legal remedies that can help provide relief. A person can file a Writ of Mandamus which is basically a request to have a federal judge order the government to act and carry out its duty. A number of immigrants and the advocacy groups that help them have increasingly turned to this mechanism to force the United States Citizenship and Immigration Service (USCIS) to act faster.
Anyone that has an immigration application pending for an unreasonable amount of time can file a federal lawsuit. The key is showing that the applicant has “standing” to sue, is suffering harm and the government is taking an unreasonably long time to carry out its duties to act. Many immigrants fear suing the USCIS believing they may anger government officials who, in turn, could retaliate by denying their application. While this is a very legitimate and understandable fear, the BIL Team has found that generally this rarely happens. Why? Because government officials are rarely emotionally invested in rejecting an application. In the majority of cases, the delays are due to bureaucratic circumstances beyond the government official’s control. The vast majority of government workers are good people doing their best to do a difficult job with limited resources. They understand the stakes are high for most immigrants and that sometimes legal action is necessary to move things along.
Once you decide that a lawsuit is necessary, it is extremely important to have a lawyer that understands how to initiate the suit and properly set forth the facts in a manner that will bring success. At the BIL Team we have a track record of success of getting the USCIS to act favorably for our clients. We know how to present the evidence and facts in a light that will impress a federal judge to appreciate the significance of what is at stake for our clients. 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.
CONTACT US TODAY FOR HELP
The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BIL Team, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. The BIL Team practices immigration law throughout the United States and its territories. We can help you wherever you are.