[Also available on Linkedin] A USCIS denial can be challenged by filing a request with the Administrative Appeals Office (AAO). However, AAO appeals are generally not required when challenging a USCIS denial (nor are they recommended – more on that later). The reason an AAO appeal is not required was explained in the summary holding […]

A lawsuit to challenge a USCIS denial is ripe (or can be filed) when there is a “final agency action.” Basically, this is the denial. And the main tool to challenge a denial is the Administrative Procedure Act (APA). These lawsuits are filed in federal court. It is usually not necessary to file an administrative […]

[Also available on Reddit] This is a great decision from the Ninth Circuit that puts a dent in the Government shield of consular nonreviewability. Consular denials are notoriously difficult to challenge and are generally considered immune from judicial review. However, consular denials (especially for cases fought on the west coast) just got a little easier […]

[Also available on LinkedIn.] Let’s say you go to an interview at a consulate expecting to get a visa stamp to come to the US. Instead of a stamp you get a pink slip with a vague explanation that your visa has been refused and your case has been placed in 221(g) administrative processing. First, […]

https://youtu.be/Yy6l0GxggP4 The lawyers at Sarraf Gentile LLP combine decades of federal litigation experience and working with government lawyers to represent individuals nationwide in immigration delay lawsuits. — We believe in our clients’ cases and our litigation skills. — In most cases, we charge a flat $5,500 fee (plus expenses). — And if our suit is […]

Ever wonder what happens after the mandamus complaint is filed? Here’s a description of what to expect next…

[Also available on Facebook] If you apply for VAWA and meet the eligibility requirements, USCIS must approve you. A recent practice advisory from CLINIC lays this out very clearly: “USCIS has acknowledged that approval of a VAWA Self-Petition ‘is not discretionary’ under the statute. While USCIS’s position is that the good moral character requirement is […]

[Also available on Facebook] Ultimately the immigration processing backlog needs to be fixed by government dedicated resources to promote increased capacity and efficiency at the relevant agencies. Until that time comes, the best solutions for many individuals caught in this mess is through the courts using mandamus lawsuits. From a systemic perspective, resorting to the […]

[Also available on Facebook] One requirement to winning a VAWA case is to show the applicant has “Good Moral Character.” Here is a helpful quote from a recent practice advisory put out by Clinic Legal that summarizes the requirement: “To prove GMC, self-petitioners generally must submit affidavits of good moral character, police clearance letters, criminal […]

While these cases have more challenges than other areas of mandamus lawsuits, they still work. This well-written conclusion from an AIC Practice Advisory says it all: “Unreasonable delays in asylum adjudications have severe and long-lasting consequences for asylum applicants. Legally sound and compelling arguments exist that courts have the power to compel agency action under […]