[Also available on LinkedIn.] To win attorneys fees from the government  in a Mandamus/APA case or any case that supports fee shifting through the Equal Opportunity to Justice Act (EAJA) is a tall order. To win fees under EAJA, you need to show you are the prevailing party in the litigation by obtaining a judicially sanctioned […]

[Also available on LinkedIn.] The general rule is that discovery is neither permitted nor necessary in Administrative Procedures Act (APA) litigation. These cases are generally decided on the administrative record. However, this rule is not absolute. If the administrative record does not provide enough detail for the court to properly review it, the court can […]

[Also available on LinkedIn.] Cases challenging the denial of discretionary immigration benefits by USCIS under the Administrative Procedures Act (APA) can be difficult. One angle to consider when deciding whether to challenge a denial in federal court is the so called Accardi doctrine, which comes from the Supreme Court case, Accardi v. Shaughnessy. That case and its progeny stand […]

[Also available on Reddit.] Prior to filing suit, tee up a Freedom of Information Act (FOIA) request to ask for documents relevant to the processing of your petition. If, after appeal, the government does not properly or timely comply, include a FOIA count in your lawsuit. Discovery is notoriously difficult to get in Mandamus/APA claims. The […]

[Also available on LinkedIn & Reddit.] If USCIS does not adjudicate a naturalization case within 120 days of conducting an interview, the applicant has the ability to sue the government in the federal district court where they reside pursuant to 8 USC Sec 1447(b), INA Sec 336(b). Once filed in federal court, the judge may […]

[Also available on Reddit.] Yes.  If your ex-spouse signed a Form I-864, Affidavit of Support, you are entitled to financial support. Period. This financial support exists even if he claims you are “at fault” or did something wrong to end the marriage.  The financial support is about $1,342 per month and only ends under very […]

[Also available on Reddit.] Absolutely, a case can be unreasonably delayed and therefore actionable even if it is still within the stated USCIS processing time range. As one federal judge in Illinois recently ruled, “an unreasonable delay that applies to every applicant is still unreasonable.” On the flip side, just because a case is outside […]

[Also available on Reddit.] Do I need to appeal an immigration benefits denial by USCIS to the Administrative Appeals Office (AAO) before challenging the denial in federal court? If you are challenging a erroneous USCIS denial using the Administrative Procedures Act (APA), the answer is no in most cases. You can skip the AAO and […]

[Also available on Facebook.] Nervous for an upcoming Marriage based USCIS Interview?  Here are some tips: 1) This is the cardinal rule. Always be honest in answering questions. 2) If you don’t understand a question, let the officer know and ask them to repeat or rephrase. 3) If you don’t know the answer to a […]

[Also available on Reddit.] Mandamus lawsuits for EB-5 investors with delayed I-526 petitions has been a successful strategy in the past. Currently, for many petitioners, this is no longer the case. If an EB-5 petitioner’s investment was made into a regional center, there is really no benefit for going forward with a Mandamus case as […]