One area where we have seen particular success with mandamus lawsuits is in securing delayed EAD/AP, work and travel documents. These cases are usually very successful and often result in getting an approved EAD and travel document shortly after filing suit. There are a couple of reasons for this. First, these applications take very little […]
Successful Mandamus Lawsuits to Secure Delayed EADs and AP Documents
[Also available on Facebook.] One area where we have seen particular success with mandamus lawsuits is in securing delayed EAD/AP, work and travel documents. These cases are usually very successful and often result in getting an approved EAD and travel document shortly after filing suit. There are a couple of reasons for this. First, these […]
Challenging Naturalization Denials in Federal Court
[Also available on LinkedIn.] The challenge to a denied naturalization application (N-400) is decided on a very different standard from other cases where immigration denials are contested. While most non-consular immigration denial lawsuits need to attack the decision making process and legal footing that lead to the denial and convince a federal judge that the denial […]
Where to File a Lawsuit To Fight a Stalled Naturalization Application
[Also available on LinkedIn.] Applicants who have waited more than 120 days from their initial interview for a decision on a stalled naturalization application (N-400) have the option under Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), to file a lawsuit. But where? The statute is specific: If there is a failure to […]
When to File a 1447(b) Lawsuit To Address a Stalled Naturalization Application
[Also available on LinkedIn.] Naturalization applicants who have waited more than 120 days for a decision have the option under Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), to file a lawsuit in federal court. The statute is very specific in identifying precisely when a naturalization applicant can ask a federal […]
A Powerful Tool For Stalled Naturalization Applications
[Also available on LinkedIn.] Applications for naturalization (on Form N-400) can suffer from the same delays that other immigration applications endure. But for N-400 applicants who finished their interview, Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), provides for a very specific (and powerful) cure. According to the statute: If there […]
Where are Mandamus/APA Lawsuits to Correct Immigration Delays and Denials Filed? (Video)
Lawsuits to address immigration delays and denials are filed in Federal District Court. That is because immigration law is all federal. As to which district court, this is guided by 28 USC Section 1391. According to the law: A civil action in which a defendant is an officer or employee of the United States or […]
Where are Mandamus/APA Lawsuits to Correct Immigration Delays and Denials Filed?
[Also available on Reddit.] Lawsuits to address immigration delays and denials are are filed in Federal District Court. That is because immigration law is all federal. As to which district court, this is guided by 28 USC Section 1391. According to the law: A civil action in which a defendant is an officer or employee […]
High Denial Rates For L-1B Petitions And What You Can Do About It (Video)
This looks ripe for some successful APA lawsuits to contest some of these denials. Given the surge in denials, I suspect many of these are arbitrary.
Why Litigating Immigration Delays and Denials Can be Cost-Effective (Video)
Federal litigation has a well deserved reputation for being costly and lengthy. Many types of federal litigation involve extensive motion practice, burdensome discovery and wasteful sideshows over minor disputes. All of this adds up to significant attorney time and significant client cost. Immigration litigation is different. It’s typically cost-effective, straightforward and fast. Why? There are […]