The Standard USCIS Must Apply in Deciding VAWA Cases is Very Favorable to the Applicants

[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 […]

Thoughts on the Immigration Processing Backlog:

[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 […]

Winning a VAWA case with a “Good Moral Character”

[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 […]

Mandamus Lawsuits for Delayed Asylum Cases (Video)

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 […]

Congressional Offices Affected by Immigration Agency Backlog (Video)

It sounds like Congressional offices are dealing with a backlog of their own related to immigration processing delays. In my opinion, this just makes the mandamus lawsuit option that much more important. According to Roll Call article entitled “Immigration Agency Backlog Weighs on Congressional Offices”: “Member offices have fielded a growing pile of requests for […]