Sarraf Gentile

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 […]

We’ve had some encouraging outcomes lately in challenging consular visa denials. What once seemed like an impossible task due to the doctrine of consular nonreviewability now has a way forward, thanks to the case of Muñoz v. State Department (case no. 21-55365). In this case, the Ninth Circuit Court of Appeals ruled that the government […]

One frequently asked question is whether a mandamus lawsuit is appropriate for applications that are experiencing delays that are within “normal” processing time. The answer is that it can be appropriate, as a case may still be unreasonably delayed even if it falls within the stated USCIS processing time range. This was addressed by the […]

Mandamus lawsuits have an excellent track record in obtaining delayed EAD/AP, work and travel document decisions. These cases are often successful because USCIS takes very little time to adjudicate these applications, typically less than 27 minutes according to USCIS estimates. It would take the Government much more time to oppose the case than to simply […]

Mandamus cases are distinct in nature as they do not involve seeking monetary compensation. Therefore, they cannot be handled on a contingency basis. Although hourly billing is an option for handling Mandamus cases, experienced litigators who are familiar with such cases can frequently estimate the time required. As a result, lawyers who handle Mandamus cases […]

If a USCIS denial has just occurred or looks likely, one of the best things to do in preparation for possible litigation is to request from USCIS your Alien File or A-File pursuant to the Freedom of Information Act (FOIA). The A-File is supposed to contain all of the documents USCIS maintains on the person […]

While most (not all) USCIS denials do not require an administrative appeal in order to proceed to federal district court to fight the denial, Naturalization (N-400) denials are different. Once USCIS denies a naturalization application, a lawsuit can be filed under 8 USC §1421(c). However, before seeking judicial review, the administrative appeal process should be […]

The Government loves to conflate discretion to approve or deny with discretion to timely adjudicate. This is a sleight of hand argument the Government is fond of when defending their indefensible delays from mandamus lawsuits. Unquestionably, the granting of some immigration benefits such as Asylum or Adjustment of Status are discretionary. However, that’s very different […]