Mandamus and Retaliation Concerns

[Also available on Reddit.] When considering whether to go forward with a mandamus case, a frequent concern that people have is fear of Government retaliation for challenging an unreasonable delay in court. We have never seen this in one of our cases and have yet to come across it in speaking with other experienced litigators. […]

Some Reasons NOT to File a Viable Mandamus/APA Action to Address an Unreasonable Immigration Delay

[Also available on LinkedIn.] Mandamus/APA actions are generally the most powerful tool available to get an unreasonably delayed immigration case adjudicated. However, just because you can force a decision doesn’t mean you should. Here are some situations where it may be wise to simply continue waiting or try another approach: 1) You have been counseled […]

Some Common Misconceptions about VAWA

[Also available on Facebook.] A successful Self Petition under VAWA (Violence against Women Act) neither requires violence nor that the petitioner be a woman. This path to permanent residence is equally available to men who suffered abuse in their relationship. Under the regulations that govern VAWA, abuse is “any act or threatened act of violence, […]

Some Reasons NOT to File a Viable 864 Enforcement Action:

[Also available on Facebook.] In general, financially abandoned immigrant spouses should insist they be supported as promised. However, just because you can enforce a right to financial support doesn’t mean you should. Here are some situations where it may be wise to leave money on the table and not enforce your right to support as […]

How Do You Determine Whether an Immigration Delay is Unreasonable?

[Also available on LinkedIn.] The first question in determining whether a mandamus/APA lawsuit is a viable solution to address an immigration application delay is whether the delay is “unreasonable.” But there is no exact formula to determine this. The closest thing we have are the principles enumerated in a  court decision entitled Telecommunications Research & […]

How a Successful I-864 Enforcement Can Change Your Life

[Also available on Facebook.] Depending on the circumstances, a successful I-864 action to privately enforce the financial payments a sponsor due to the Affidavit of Support can result in the payment of tens of thousands of dollars to the abandoned immigrant spouse. Frequently, immigrants bringing these actions have no independent financial resources and sometimes even […]

Whether you can still qualify for VAWA if divorced

[Also available on Facebook.] Many people have inquired as to whether you can still qualify for VAWA if divorced. The answer to that is YES. Here are the instances where you can qualify even though you are no longer married to the abuser: 1) You believed you were legally married to your abusive spouse but […]

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