If you’re talking to a lawyer about possibly filing a mandamus lawsuit, here are some things they (the lawyer) should be doing before the lawsuit is started. If these steps are lacking, perhaps look elsewhere: 1. Check if your lawsuit makes sense — Has there been an unreasonable delay? Are you waiting longer than most […]

If your immigration case is taking too long, you might think about filing a mandamus lawsuit. Here are some steps you can take to prepare, so that when you are ready to file, you can move quickly and give yourself the best odds of success: Try to speed things up before you file a lawsuit. […]

1) No Guarantee of Success: Well written and properly plead mandamus lawsuits have an outstanding track record of success in terms of getting a decision. However, it’s important to note that nothing is ever guaranteed when it comes to legal outcomes. Anyone who tells you otherwise is misleading you. 2) Compel Action, Not Outcome: A […]

My posts typically describe some details in the law that I think are useful for people who want to learn more about federal immigration litigation or litigation to combat fraud. Here are some problems my law firm is particularly well suited to solve: 1) Unreasonably delayed immigration petitions through mandamus lawsuits. 2) Wrongly decided Immigration […]

There are numerous ways that immigrant workers are taken advantage of. This is especially true in immigrant-heavy industries, like construction. Most people are not aware that there are whistleblower statutes that can both protect immigrant workers, and financially reward them, if they provide useful information about how the government may be defrauded. Here’s a useful […]

Mandamus lawsuits can be effective due to a variety of factors, including favorable case law and statutes. Yet, they work for another reason that isn’t necessarily captured in legal textbooks. Essentially, these lawsuits impose a cost on the government for doing nothing. In normal circumstances without a lawsuit, government agencies can lack motivation to decide […]

This is an excellent article by an esteemed colleague. https://www.immigration.net/2023/06/15/the-coming-apocalypse-for-employment-based-immigrants/ It lays out a very convincing case that immigration delays are going to be with us for quite some time. In light of these delays, it is becoming increasingly apparent that mandamus lawsuits will play a crucial role. Both employers and immigrant employees will likely […]

LLC or Partnership agreements that govern EB-5 investments are frequently very one sided — against the immigrant investors’ interests. This imbalance can pose substantial challenges when attempting to resolve major disputes, like the return of investment funds. While regional centers can contract away a lot of typical investor rights, there is one thing they cannot […]

As most people impacted by this are already aware, EB-3 India petitioners retrogressed 3.5 years this past visa bulletin. Once a visa retrogresses, there are very limited options that can help until it becomes current again. Interfiling may be a possibility for some. There is another potential solution if you are willing to take action […]

Another category of immigration petitions that lends itself to especially strong mandamus lawsuits are I-751 Removal of Conditions on Residence petitions. The purpose of these petitions is to prove your marriage was entered into in good faith in order to receive your 10 year permanent resident card. According to the law, USICS has a maximum […]