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Generally there are two legal actions that are commonly taken against the U.S. Citizenship & Immigration Services (USCIS): a Writ of Mandamus, and a Complaint for Naturalization.
Writ of Mandamus
- In What Cases Can an Immigrant Sue the USCIS?
- Who Is Eligible for Suing the USCIS?
- Family Benefits
- What Documentation Do I Need Before Suing the USCIS?
- What Is the Process Like for Suing the Immigration Service?
- What are the Filing Fees?
- What are the Fees of our Boston Immigration lawyers to Sue the U.S. Immigration Service?
- Video on Suing the Immigration Service
- Newsletter on Suing Immigration
In What Cases Can an Immigrant Sue the USCIS?
Under the current Immigration & Nationality Act and the Administrative Procedures Act a complaint (a legal action), or Writ of Mandamus, may be filed in the U.S. District Court if the USCIS has failed to issue a decision on a properly filed immigration application after a “reasonable” period of time.
The court will review the matter and may take one of several actions. 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. The court is allowed to dismiss or terminate the lawsuit if it believes that the individual does not meet the requirements for the application or if it believes the delay by the USCIS is reasonable, necessary or permissible.
Who is Eligible for Suing the USCIS?
Any immigrant who has properly filed an application for a benefit, for example a Form I-485 application for adjustment of status (green card), whose application has not been decided for an extended period of time. The USCIS publishes “processing times” (https://egov.uscis.gov/) which can be used as a guide to what is a “reasonable” period of time. A case that is taking longer that the published processing times that the USCIS reports may have a valid claim that is taking longer than reasonable.
Family Benefits
The benefits of obtaining an immigration status in the United States are innumerable, and often include the right to enter the United States after foreign travel, the right to accrue time to qualify for citizenship, the right to work, and potentially the right to file an Immigrant visa petition for immediate family members.
What Documentation Do I Need Before Suing the USCIS?
To support a legal action or lawsuit against the USCIS, you will need to present evidence that you have properly filed an application for status with the USCIS and that you qualify or meet all the requirements for said status.
What is the Process Like for Suing the Immigration Service?
Stage One: Complaint
Review the case for eligibility and prepare a complaint (formal legal action) for the U.S. District Court identifying the following issues:
- Jurisdiction;
- Factual Basis;
- Relief Sought
Court issues an order [Cases are generally completed in 120-150 days]
Stage Two: Service of Process
After the case has been filed with the US District Court, the government is “served” with formal notice of the legal action and evidence that notice has been served on all divisions of the government must be filed with the Court.
Stage Three: Answer
The government (Dept. of Homeland Security & USCIS) must file a response within 60 days of service of process identifying the justification or reasons, if any, for not having completed the processing of the application.
Stage Four: Settlement Negotiation
If possible, during the proceeding period of time we negotiate with USCIS and the U.S. Attorney’s Office to request appropriate action on the pending application.
Stage Five: Motion for Judgment or Trial
If a suitable disposition cannot be agreed upon by the attorneys, then a motion for judgment is filed with the Court and there is a hearing or trial scheduled by the court. 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 immigration petition.
What Are the Filing Fees?
Fees for U.S. District Court Complaint is $350.00, plus $50.00 (est.) for Service of Process.
What are the Fees of our Boston Immigration lawyers to Sue the U.S. Immigration Service?
Find Our immigration legal fees for Suing USCIS / Writ of Mandamus under the section: Federal Court Litigation. Request an initial consultation with one of our immigration lawyers in Massachusetts, or call: 617-303-2600 (ext.0).
Complaint for Naturalization or Citizenship
What is a Complaint for Naturalization / Citizenship?
Under the current Immigration & Nationality Act a complaint (a legal action) may be filed in the U.S. District Court if the USCIS has failed to issue a decision on the application for more than 120 days after the date of the interview or examination for naturalization.
The court will review the matter and may take one of the following actions:
- The court is permitted to grant the application and naturalize the individual as a citizen.
- 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.S.; and good moral character for the requisite period of time(s).
- The court may remand the case to the USCIS with instructions to proceed with the application process.
Who is Eligible?
Any immigrant who has filed an application for naturalization, Form N-400, with the USCIS, has been interviewed and examined in connection with that application, has passed the English language and American History portions of the examination (if required), and has been waiting for at least 120 days from the date of the interview/examination, is eligible to file a Naturalization / Citizenship complaint.
Family Benefits
The benefits of citizenship in the United States are innumerable, however some important benefits include the right to vote, the right to enter the United States, the right to travel with a U.S. Passport, the right to remain outside the U.S. for more than 6 months, and the right to file an Immigrant visa petition for immediate family members.
What Documentation Do I Need?
To file a citizenship / naturalization complaint, you will need evidence that you have filed an application for citizenship with the USCIS, Form N-400, evidence that you have been interviewed or examined and that at least 120 days have passed since the date of the interview/examination with the immigration service.
What is The Process Like?
Stage One: Complaint
Review the case for eligibility and prepare a citizenship / naturalization complaint (lawsuit) for the U.S. District Court identifying the following issues:
- Jurisdiction;
- Factual Basis; and
- Relief Sought
Court issues an order [Cases are generally completed in 120-150 days]
Stage Two: Service of Process
Once the case has been filed with the U.S. District Court, the government must be formally “served” with notice of the legal action. Proof that all relevant government divisions have received this notice must then be filed with the court.
Stage Three: Answer
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) are required to file a response within 60 days of being served. In this response, the government must explain the reasons, if any, for not having completed the processing of the naturalization application.
Stage Four: Settlement Negotiation
During this period, our attorneys will make all efforts to negotiate with USCIS and the U.S. Attorney’s Office to reach an appropriate resolution on the pending application whenever possible.
Stage Five: Motion for Judgment or Trial
If a resolution cannot be reached, a motion for judgment is filed with the court. The court will then schedule a hearing or trial. Following the proceedings, the court may either issue a decision on the naturalization application or return the case to USCIS with specific instructions to adjudicate the petition.
What Are the Filing Fees?
Fees for U.S. District Court Complaint is $402.00, plus $50.00 (est.) for Service of Process.
What Are The Legal Fees?
Learn more about our immigration legal fees for Naturalization Complaints /Suing USCIS under the Federal Court Litigation section. Request an appointment for a consultation with one of our immigration attorneys in Boston, or call: 617-303-2600 (ext.0).
Important Note About This Document
The information contained here is general in nature and it may not necessarily apply to all situations and it is subject to change at any point in time. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an experienced immigration lawyer regarding your specific situation before starting any immigration legal process.
