Unfortunately, some immigrants are saddled with such long delays in processing their immigration petitions that mandamus lawsuits are sometimes needed to get them a decision. Depending on the circumstances, the petitioner may have the option to file the lawsuit either individually or as part of a group. There are some advantages and disadvantages with both […]

[Also available on LinkedIn.] Unfortunately, some immigrants are saddled with such long delays in processing their immigration petitions that mandamus lawsuits are sometimes needed to get them a decision. Depending on the circumstances, the petitioner may have the option to file the lawsuit either individually or as part of a group. There are some advantages […]

There is no single ironclad test the courts use in determining whether a delay in adjudicating an immigration petition is unreasonable. The closest thing we have are the so-called TRAC factors. These factors are guidance from the seminal case, Telecommunications Research & Action Center v. Federal Communications Commission 750 F.2d 70 (D.C. Cir. 1984). While […]

[Also available on Reddit.] There is no single ironclad test the courts use in determining whether a delay in adjudicating an immigration petition is unreasonable. The closest thing we have are the so-called TRAC factors. These factors are guidance from the seminal case, Telecommunications Research & Action Center v. Federal Communications Commission 750 F.2d 70 […]

The challenge to a denied naturalization application (N-400) is decided on a very different standard from other cases where immigration denials are contested. While most non-consular immigration denial lawsuits need to attack the decision making process and the legal footing that lead to the denial and convince a federal judge that the denial was arbitrary […]

Applicants who have waited more than 120 days from their initial interview for a decision on a stalled naturalization application (N-400) have the option under Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), to file a lawsuit. But where? The statute is specific: If there is a failure to make a […]

Naturalization applicants who have waited more than 120 days for a decision have the option under Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), to file a lawsuit in federal court. The statute is very specific in identifying precisely when a naturalization applicant can ask a federal court to intervene due […]

[Also available on LinkedIn.] Immigration lawsuits filed under the Administrative Procedures Act (APA) – to challenge processing delays or USCIS denials – usually don’t involve discovery. That is because judicial review of such claims are typically limited to the facts in the administrative record already in existence. Court will generally not allow new facts to be added. As […]

Applications for naturalization (on Form N-400) can suffer from the same delays that other immigration applications endure. But for N-400 applicants who finished their interview, Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), provides for a very specific (and powerful) cure. According to the statute: If there is a failure to […]

One area where we have seen particular success with mandamus lawsuits is in securing delayed EAD/AP, work and travel documents. These cases are usually very successful and often result in getting an approved EAD and travel document shortly after filing suit. There are a couple of reasons for this. First, these applications take very little […]