It could clear up a lot of confusion and relieve a lot of stress if the Department of State labeled 221(g) administrative processing notices as something other than a denial or refusal. Both words imply a permanent decision, which hasn’t occurred.
The statute of limitations on typical Administrative Procedures Act (APA) cases to fight immigration denials is a generous 6 years.
We received a very nice and touching review from a client in a challenging consular denial case that we were able to correct. The text of the review, and a link to it, are below: Ronen and Joseph is nothing short of a miracle workers. Their strategies and expertise turned what seemed like an impossible […]
Joseph Gentile appeared on an episode of Immigration Uncovered to discuss immigration litigation. IU Episode 11: Resolving Delays and Reversing Denials: Federal Court Litigation with Joseph Gentile In this episode of Immigration Uncovered, host James Pittman sits down with Attorney Joseph Gentile to delve into the world of immigration litigation. From overcoming language barriers to […]
I think this is a very useful primer put out by a nonprofit. For those looking to learn more, their presentation is 15 minutes well spent. https://www.rifnyc.org/mandamus
I’m happy to report that we’ve gotten another positive result in a consular denial lawsuit. An unjust consular denial is not the final word if there’s a US citizen spouse or minor child involved. This is especially so if the lawsuit can be brought somewhere in the Ninth Circuit (most of the Western US) relying […]
Consular officers are responsible for making many decisions that significantly impact immigrants and their families. Unfortunately, some of these decisions may be incorrect, resulting in familial disruptions and separations. Yet, the existing Doctrine of Consular Nonreviewability largely prohibits courts from scrutinizing the decisions made by consular officers, even when these decisions may contain legal mistakes […]
In the event of a USCIS denial, one available option is to file a request for an appeal with the Administrative Appeals Office (AAO). However, it’s generally advisable to bypass this step. That is because of a 1993 Supreme Court decision in Darby v. Cisneros, which clarified that the federal courts are not obligated to […]
In the area of mandamus lawsuits, we have noted a particularly high success rate in accelerating the adjudication of delayed EAD/AP work and travel documents. Generally, these cases result in the swift approval and receipt of the required documents shortly after the initiation of a lawsuit. This success can be attributed to two primary factors. […]