Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case. Schedule a Consultation Today! First and foremost is to challenge the individual delay or denial with the view to getting the decision overturned. The court will issue a decision on the application or remand (return) it to the USCIS with specific orders for the government to adjudicate the naturalization petition. What happens when you sue uscis for extension. This is the highest number of such cases filed in a single month since at least October 2007, the earliest date for which TRAC has data. Kate, thank you so much for being with us.
The only damages the judge can award are compensatory damages (damages to compensate you for your actual losses). The process is very lengthy and complicated, therefore hiring a knowledgeable immigration attorney is important. A Mandamus Lawsuit May Not Always Be Appropriate. NADWORNY: You've mentioned there is kind of a looming deadline. As an individual if you have a delayed or denied case this could be effective tool to force USCIS to make a decision on your case or overturn a wrongly decided case. Plain and simple, USCIS wants to avoid litigation at all costs. A couple of days ago, I was contacted by someone from India. If you submitted a petition or application to USCIS, there are no restrictions on the category: naturalization (form N-400), adjustment of status (I-485), family immigration (I-130, I-751), fiancée (I-129 °F), employment-based nonimmigrant (I-129) and immigrant (I-140, I-526, I-829), and special immigrant categories (I-360). It's just this mysterious delay. This website and blog constitutes attorney advertising. Federal Court Actions with USCIS. Frustrated, our client had tried to find out the cause of the delay by making INFOPASS and telephone inquiries. Approval rates do not guarantee future approval of your petition.
Case Delay Lawsuits | Suing the Government for Case Delays. What happens when you sue uscis for social security number. Although USCIS is not the only agency named in recent lawsuits, USCIS does illustrate the challenges that agencies are currently facing when trying to process immigration paperwork, which then lead to growing lawsuits. Fifthly, mandamus actions against USCIS under APA for unreasonable delays in naturalization, and adjudication of adjustment of status. In addition, if you win a court judgment on your case, you may be able to get the attorney's fees you paid reimbursed by the agency that unreasonably delayed your application, based on the Equal Access to Justice Act. Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only.
Our immigration attorneys have successfully sued various government agencies over case delays and are ready to challenge the legal system to get our clients the results they desire. When There Is a Serious Problem. The law allows an alien to file a federal lawsuit and have their case reviewed to determine if there was an unlawful action (including the unlawful failure to act) by federal agencies, agency officials, or employees. Some of the people I met had been waiting much longer than 120 days - 1 year, 2 years, 5 years. 6 to 12 months approvals are becoming the norm and, in some cases USCIS has even issued approvals for just 1 day. All we can seek is a quicker decision - approval or denial. Free Initial Consultations: All initial consultations are free. The federal district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff. This lawsuit is often the last and best option in such cases and has been a very effective way for us to get our clients case reviewed by a judge outside of USCIS. But there are a number of other alternative that may be available. The experienced immigration attorney you choose will determine how long your case has been pending, whether the case falls within published government processing times or whether the case falls outside of published government processing times. What Happens after Application Denial. This is a non-discretionary action, it is purely administrative, which essentially means one can only sue if the officer has not done what they have a legal duty to do.
However, there have been numerous cases in which our clients retained us to sue USCIS for delay, as USCIS did not issue a decision on their case for an extensive period of time. There had been some financial improprieties at that company. Can I sue USCIS if my case has been delayed but has not been denied yet? Is it expensive to sue the government for case delays? Can you sue immigration. Jurisdiction for a lawsuit is determined by several factors, one of which is the place of residence of the plaintiff (or the person bringing the action). Some states have had rulings that establish bad precedent on immigration matters, while there are some jurisdictions that have had more positive decisions on immigration matters. 1991), or the ("ABC") settlement class. In general, for naturalization applications, USCIS has 120 days to make a decision on a naturalization application after the naturalization interview. 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.
Attorney's Office to request appropriate action on the pending application. However, if you do not do this, there is no way to determine when your case will be reviewed, and unfortunately, this can take years. Will suing the government harm me in any way?