[Also available on Facebook.] Once a lawsuit is filed in federal court on a naturalization application, the district court reviews the application de novo (or anew). This means the court is not bound by any prior findings or decisions made by USCIS. This is in recognition of the tremendous value of citizenship rights. Further, many […]

[Also available on Facebook.] One event that can end the financial support obligations created by the Form I-864, Affidavit of Support, is if the sponsored immigrant (typically a spouse) has worked, or can be credited with, 40 qualifying quarters. This is the equivalent of 10 years worth of work. According to the Social Security Administration, […]

[Also available on Reddit.] The doctrine of consular non-reviewability is generally understood to mean that the decisions made by a consulate officer in regards to an immigration visa are final and immune from judicial review. While deferential, courts have not treated consular non-reviewability as absolute. Consular decisions are reviewable under the “facially legitimate and bona fide […]

[Also available on Reddit.] There is no exhaustion requirement to fulfill in order to bring a viable claim for financial support through the I-864 contract. This means that if your spouse or ex spouse is not fulfilling their financial obligation to you, you do not need to alert or depend on any government agency before suing […]

[Also available on Reddit.] There is no statutory exhaustion requirement to fulfill in order to bring a viable mandamus case for an immigration delay. However, some courts have held that mandamus relief is not appropriate where an adequate alternative judicial remedy is available. According to the 5th Circuit, a remedy “is adequate if it is ‘capable […]

[Also available on LinkedIn.] It’s pretty frustrating that some people need to resort to federal litigation to get something as simple as an EAD renewal done. I suppose the bright side is that the mandamus lawsuits, by and large, work in this context.

[Also available on LinkedIn.] Properly supplementing the administrative record through FOIA in an immigration matter can be critical to the future success of a federal litigation. Visa petitions filed by petitioners on behalf of a beneficiary are usually kept in the beneficiary’s file. To avoid receiving a redacted version, that doesn’t include the petitioner’s information when […]

[Also available on LinkedIn.] Abused or battered spouses or children self-petitioning for U.S. green cards under the Violence Against Women Act (VAWA) do not qualify according to 8 C.F.R. § 213a.2(a)(2)(ii).

[Also available on LinkedIn.] To win attorneys fees from the government  in a Mandamus/APA case or any case that supports fee shifting through the Equal Opportunity to Justice Act (EAJA) is a tall order. To win fees under EAJA, you need to show you are the prevailing party in the litigation by obtaining a judicially sanctioned […]

[Also available on LinkedIn.] The general rule is that discovery is neither permitted nor necessary in Administrative Procedures Act (APA) litigation. These cases are generally decided on the administrative record. However, this rule is not absolute. If the administrative record does not provide enough detail for the court to properly review it, the court can […]