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Lawsuits Against the U.S. Immigration Service (USCIS and Department of Homeland Security)

Table of Contents

    Generally there are two actions that are commonly taken against the U.S. Citizenship & Immigration Services (USCIS): a Writ of Mandamus, and a Complaint for Naturalization.


    In What Cases an Immigrant Can 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.

    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?

    Evidence that you have properly filed an application for status with the USCIS and that you qualify 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:

    1. Jurisdiction;
    2. Factual Basis; and
    3. 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 identifying the justification, 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 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 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?

    Click here to learn more about our immigration legal fees.
    Click here if you would like to come in for an initial consultation with one of our immigration attorneys in Massachusetts.


    Description

    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 several actions. The court is permitted 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 requisite period of time(s)). The court may also 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 at least 120 days has passed from the date of the interview/examination.

    Family Benefits

    The benefits of citizenship in the United States are innumerable, however some important benefits are 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?

    Evidence that you have filed an application for citizenship with the USCIS, Form N-400, and that you have been interviewed or examined and it has been at least 120 days 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 complaint (formal legal action) for the U.S. District Court identifying the following issues:

    1. Jurisdiction;
    2. Factual Basis; and
    3. 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 U.S. 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 identifying the justification, if any, for not having completed the processing of the naturalization application.

    Stage Four: (Settlement Negotiation)
    If possible during the proceeding period of time we negotiate with USCIS and 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 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 naturalization 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 Legal Fees?

    Click here to learn more about our fee structure.
    Click here if you would like to come in for an initial consultation.

    Client Reviews and Testimonials

    See all reviews or organize them by website!

    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm

    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm