Suing the Immigration Service (USCIS): FAQs
1. Why is my case taking longer than anticipated to be processed by the Immigration Service? What does this mean?
2. Is there a way to pressure the Immigration Service to work faster on my case?
Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative. You must carefully evaluate with your attorney if this is worth the added risk and cost of the additional work required for this complaint. 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)
3. If I had an interview with the USCIS and/or filed my application a very long time ago, but have not received a decision on my case, can I do anything to expedite the process?
You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the immigration service is taking longer than normal to make a decision on your case.
4. If I sue the USCIS, how long will it take before I receive a decision on my pending application?
Approximately 180 days.
5. If I sue the USCIS, will the USCIS deny my pending application?
No. Applications will be decided on their merits and the fact that you sued should not affect the decision making process.
6. If I want to sue the USCIS, does it make a difference what state I live in?
Yes. Some jurisdictions have had positive decisions on immigration matters, while other states have had rulings that establish bad precedent on immigration matters, and this could affect your ability to bring a legal action. You should consult with an attorney that specializes in Federal Immigration litigation to determine if a legal action would be appropriate in your situation.
7. Can I sue the USCIS in a state where I do not live?
Possibly. 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). But there are a number of other alternative that may be available. Please consult with an attorney that specializes in Federal Immigration litigation to determine if a legal action would be appropriate in your situation.
Important Note About This Document
The information contained here is general in nature and it may not necessarily apply to all situations. It is also 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 attorney regarding your specific situation before starting a legal process.
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