Consular officers make numerous decisions affecting immigrants and their families. Some of these decisions may be incorrect, causing disruptions and breaking families apart. But the Doctrine of Consular Nonreviewability generally prevents courts from reviewing decisions made by consular officers, even if they make legal errors or violate laws. Denying judicial review creates opportunities for law […]

One Tip For Naturalization Delays: Before a naturalization applicant has had an interview, they can seek a remedy by filing a Mandamus/APA action. If 120 days have passed since a naturalization applicant has had an interview without a decision, the applicant can file a lawsuit under 8 USC § 1447(b) to address the delay. One […]

This settlement showcases the value of the False Claims Act (FCA) in the area of immigration fraud. In this case, the defendant was alleged to make false statements to the government to bring workers to the US on an inexpensive B-1 visa when the proper procedure would have been the more expensive H-1B, cheating the […]

If you are seeking basic insight into how judges determine whether an immigration delay is unreasonable in mandamus/APA lawsuits, the foundational decision to examine is Telecommunications Research & Action Center v. FCC, 750 F.2d 70 (D.C. Cir. 1984), commonly referred to as “TRAC.” This decision established a six factor test that courts consider when assessing […]

I’ve recently encountered some very concerning cases involving American citizens who are sponsoring their immediate family members in Russia for green cards. It seems that due to their connections with American family members, these Russian relatives are required to register with the Russian government as “individuals associated with foreign agents.” This registration has led to […]

The Freedom of Information Act (FOIA) provides individuals (including immigrants) with access to government records, including records about themselves. Immigration lawyers understand the importance of timely responses to FOIA requests, as they are often crucial for building a solid immigration case. However, when the government fails to comply with a FOIA request or takes too […]

The Trafficking Victims Protection Act (TVPA) offers a path for immigrant victims of forced labor to seek financial compensation from the organizations that recruit them and the companies that profit from their work. Class action lawsuits can be pursued on a contingency basis under this law. Additionally, the TVPA established the T visa to further […]

Mandamus lawsuits are the most effective tool to compel the Government to decide a delayed immigration petition. There really is no close second. However, not everyone can afford to file a federal lawsuit. And sometimes, a mandamus lawsuit is not yet ready to be filed. If you are in either situation, here are some alternative […]

USCIS would probably answer this question in the affirmative. However, throughout much of the country, federal judges have rejected this position. The 2nd, 4th, 7th, 8th and 9th Circuits have all held that the district court has exclusive jurisdiction over a naturalization petition once a 1447(b) action is filed. Once such a lawsuit is filed, […]

The Freedom of Information Act (FOIA) allows individuals to obtain from the government documents and information about their immigration history, status or pending petition. Unfortunately, the government’s response to such FOIA requests are sometimes delayed or incomplete. Fortunately, when such problems arise, the FOIA status has a fee shifting provision that makes it easier and […]