Mandarin Immigration Lawsuit - "USCIS is too long!

You submitted your immigration case, you paid all fees. When asked by USCIS, you respond to a request for evidence (RFE). You got your interview.

That was four years ago.

Now, the schedule of many dissatisfied phones and InfoPass, you keep on saying the same thing. Or, sometimes there is another story: extended review, file is different agency, name check, file has been lost ...

What is your option?

Into part It may be appropriate to file a lawsuit against USCIS and other government agencies. There is a law known as the Administrative Procedure Act (5 USC § 500) et seq, "APA"). In particular, if an agency such as USCIS gets a task from Congress, say it must do it in a reasonable amount of time. Well, what is considered "reasonable time" is of course subject to interpretation. All cases are different, and experienced lawyers are making professional judgments saying it unilaterally or in other ways.

Assuming that the delay is irrational, APA gives you the right to file a lawsuit. Normally these cases sue the Secretary of Homeland Security, the USCIS Director, the district director of your case field pending, (sometimes) the director of the main USCIS service center. FBI (especially delay of security check). The lawsuit itself, A priest - Requests to the court to force (or force) government agencies to do something. In this case, we ask the court to make a decision to USCIS.

There is no right to seek approval of the application. You have the right to ask for decisions. I understand that decision is good or bad. How can I tell? There is no way to know indeed, but an experienced lawyer can tell you exactly whether to create a file.

The American court does not agree whether he can hear it even in such a case. Under the law, many decisions of the USCIS can not be judged by the court. We call this a "judicial review" (or it is missing). However, in a typical decree, the court is asking not to review the decision itself, pace In other words, "Your honor, I have submitted a green card application form, CIS has an obligation to do so in a reasonable time, which is irrational for 4 years.

Many courts can not tell USCIS to approve or reject an application, but you can tell that you are in a hurry. However, some courts do not mean that you can not say anything about the pace of the decision if you can not say anything about the decision. These courts are looking at the "pace" of decisions as part of the decision itself and can not consider the pace of decisions if decisions can not be considered.

The court went to the entire map of this court. Sometimes, even within the same court, two different sentences may reach two different conclusions of two judicial cases.

A warrant of a successful obligation works in an interesting way. Usually, when someone makes a lawsuit, the judge will decide the facts and the law. Warrant warrants may achieve the intended result before the government submits your complaint to your complaint. For example, many of our clients came to us after three years, four years, five years, seven years with green cards and citizenship. We will submit the obligation. Government lawyers seek a short time extension. We agree. Government lawyers say that USCIS is ready to approve the application. I will dismiss (retract) the lawsuit. The government is not involved in expensive lawsuits, clients also have a green card, and everyone comes home.

But this does not always know how it works. Sometimes the review of files submitted in litigation revealed that there is a problem with the history of immigration of foreigners. If that happens, the client may actually get caught up in the withdrawal process. Not only does USCIS deny the benefits you have applied, you will have found a way to get rid of the status he already had!

In our experience dealing with these lawsuits and customers who have it, the word "civil litigation" means that "if you submit, the government will retaliate your family" Files and I get my green card within 30 days "," these lawsuits just will not work ".

The truth is that writing a duty is another option available to you. It is a very complicated option. A competent lawyer has to analyze. As with any option, it has advantages, there are risks. These advantages and risks are different in each case.