[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 […]

[Also available on LinkedIn.] Cases challenging the denial of discretionary immigration benefits by USCIS under the Administrative Procedures Act (APA) can be difficult. One angle to consider when deciding whether to challenge a denial in federal court is the so called Accardi doctrine, which comes from the Supreme Court case, Accardi v. Shaughnessy. That case and its progeny stand […]

[Also available on Reddit.] Prior to filing suit, tee up a Freedom of Information Act (FOIA) request to ask for documents relevant to the processing of your petition. If, after appeal, the government does not properly or timely comply, include a FOIA count in your lawsuit. Discovery is notoriously difficult to get in Mandamus/APA claims. The […]

[Also available on LinkedIn & Reddit.] If USCIS does not adjudicate a naturalization case within 120 days of conducting an interview, the applicant has the ability to sue the government in the federal district court where they reside pursuant to 8 USC Sec 1447(b), INA Sec 336(b). Once filed in federal court, the judge may […]