Serving the Complaint: How to Start a Federal Lawsuit Against the Government in Immigration Matters

When you’re taking the government to court to speed up an unreasonably delayed immigration application decision, it’s important to start the legal countdown quickly. This means triggering the government’s 60-day response period for the lawsuit as soon as possible, in the hopes of nudging the government to decide your application before their response is due. […]

Alternatives To Mandamus Lawsuits

If you’re facing a long immigration delay and are unable or hesitant to file a mandamus lawsuit, here are some other strategies you might want to consider. None are nearly as effective as mandamus lawsuits, but they could be worth a try. Inquire with USCIS: If you’re waiting for a long time on your application, […]

Title 42 Ruling Impact on Existing Asylum Applicants

A federal judge just blocked a Biden administration rule that allowed border personnel to reject illegal immigrants’ claims of asylum if they did not go through the proper application avenues. According to the judge’s order: “The Court concludes that the Rule is contrary to law because it presumes ineligible for asylum noncitizens who enter between […]

Mandamus for Asylum Interview Delays

There are some challenges in the law given asylum’s discretionary nature, but practically, mandamus cases are very effective in getting an interview scheduled for long delayed asylum cases. USCIS’s current protocol for processing asylum cases is completely unreasonable. They prioritize recently-filed asylum applications for processing. USCIS refers to this policy as “last in, first out” […]

What is the Most Underutilized Tool in EB-5 Disputes?

In my view, the most overlooked tool in EB-5 disagreements is the books and records demand. This tactic is versatile and can be helpful in various circumstances. It’s particularly beneficial when there’s a conflict over money refunds or when the Regional Center is not cooperative in responding to a Request For Evidence (RFE) or a […]