Sarraf Gentile

The Department of State claims that recent improvements in processing techniques and technologies are reducing the amount of cases going into administrative processing and shortening the time it takes for cases to finish administrative processing. I don’t see statistics attached to this announcement so I don’t know how big an improvement this is. What I […]

When considering to withdraw your funds from an EB-5 investment, it’s often beneficial to engage a lawyer who is experienced in securities and corporate law to negotiate the return or scrutinize any agreement prior to signing. We’ve assisted numerous investors in this process and have encountered some extremely one-sided terms that Regional Centers or General […]

As we move closer towards the summer season, this increasingly becomes a time of high anxiety for many diversity visa lottery winners whose cases are still in processing. Lottery winners have until September 30th for the Government to finish processing their cases or a potential once in a lifetime opportunity to immigrate to the US […]

Keep an eye on the forthcoming Loper Bright case that’s going to the Supreme Court. The outcome of this case could potentially reverse the principle of Chevron Deference. Essentially, Chevron Deference is a rule that allows government administrative agencies to interpret laws and regulations that relate to them and the courts will generally respect those […]

Without a doubt, fraud in the H-1B visa process is an issue that demands serious attention. Nevertheless, it’s crucial to recognize that this crackdown will likely unintentionally affect many innocent workers caught up in the process. It is unfair that innocent workers should bear the severe consequences of employer misconduct. Thankfully, some of these workers […]

Section 336(b) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1447(b), describes how courts can intervene if USCIS takes too long to decide a post interview naturalization application. Specifically, if USCIS has not made a decision within 120 days after the applicant’s interview, a district court can step in. While INA section 336(b), […]

If you are considering filing a mandamus lawsuit because you have been subject to multiyear delays for an asylum interview, be sure to consider a version of the following as part of your argument: USCIS prioritizes recently-filed asylum applications for processing to the detriment of longer pending cases. This policy is known as “last in, […]

Congress mandates that an interview or decision on an EB-5 applicant’s I-829 petition to remove conditions from their green card must be made within 90 days of submission. This is specified in 8 U.S.C. § 1186b and 8 C.F.R. § 216.6, which state: (c) Adjudication of petition (1) The decision on the petition must be […]

Many USCIS based immigration denials do not require applicants to exhaust remedies (i.e., pursue administrative appeals) to contest such denials in federal district court. There are exceptions to this. One major exception is naturalization denials. According to 8 CFR § 336.9(d): Exhaustion of remedies. A USCIS determination denying an application for naturalization under section 335(a) […]

One reason to include a count under the Administrative Procedure Act (APA) in your mandamus complaint is to avoid the government successfully asserting that there is an adequate alternative remedy for the immigrant plaintiff besides a writ of mandamus. Another less frequently mentioned reason is to prevent the argument that an administrative appeal must be […]