Sarraf Gentile

No. We have never had a Judge or the government request a mandamus plaintiff to appear in court. There are many reasons why. First, mandamus cases do not involve whether an application should be approved or denied. They only concern whether the adjudication process is unreasonably long. The person whose application is delayed typically has […]

No. We have never had a Judge or the government request a mandamus plaintiff to appear in court. There are many reasons why. First, mandamus cases do not involve whether an application should be approved or denied. They only concern whether the adjudication process is unreasonably long. The person whose application is delayed typically has […]

One myth surrounding mandamus lawsuits that never seems to completely go away is that filing a mandamus lawsuit will result in the government retaliating against you with a denial. It’s understandable how people can make this assumption. Amongst individuals, if you sue someone, you can expect them to be biased against you. However, it just […]

[Also available on LinkedIn] One myth surrounding mandamus lawsuits that never seems to completely go away is that filing a mandamus lawsuit will result in the government retaliating against you with a denial. It’s understandable how people can make this assumption. Amongst individuals, if you sue someone, you can expect them to be biased against […]

We all have our share of problems and challenges in life. We’ll never get to the stage where everything is running perfectly. Try this exercise and ask yourself – if you could wave a magic wand and fix one thing in your life, what would it be? For many of you that are immigrants or […]

[Also available on LinkedIn] We all have our share of problems and challenges in life. We’ll never get to the stage where everything is running perfectly.  Try this exercise and ask yourself – if you could wave a magic wand and fix one thing in your life, what would it be? For many of you […]

We’re pleased to announce the publication of two books to help individuals navigate some of the immigration issues they confront.  You can view them here and purchase them on Amazon.

[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 […]