When to file a Lawsuit Against the USCIS
May 27th, 2016
An immigration process generally takes a long time due to the numerous administrative steps that have to be followed and the number of applications that the government receives every year. In some situations however, the waiting time may be extended for an unreasonable amount of time. This is the time when, if you meet the requirements, you may file a “Writ of Mandamus” in the U.S. District Court. If the Court determines that the government’s delay is inappropiate, it can issue an order requiring that the USCIS make a decision about the application or approve the petition directly.
A case is eligible if:
1) The application has been properly filed to obtain a benefit (i.e. Form I-485, Adjustment of Status, etc.)
2) The petitioner meets all the requirements for the adjudication of the application; and
3) The USCIS has not issued a decision for a period of time greater than usual, which often is identified in the USCIS Processing Time Guide.
Similarly, if the USCIS has failed to issue a decision on the application of Citizenship or Naturalization (N-400) for more than 120 days after the date of the interview or examination for naturalization, you may file a lawsuit at the U.S. District Court. The Court will review the case and if the applicant meets all the requirements to apply for Citizenship, and the application has been filed correctly, the Court itself may approve the application and the applicant will become a citizen.
Our office has successfully litigated these cases throughout the U.S. and we can assist individuals even if the do not reside in Massachusetts.
Each of these processes have different steps. If you would like to schedule an appointment to review if your case fulfills the requirements for a “Writ of Mandamus” or another immigration process, call to our office at 617-523-6320 (ext. 0). We can also help you or your family members with any legal problem in the areas of Criminal Defense and Personal Injury
The FitzGerald Law Company Team