Immigration Delay Litigation: Informing the Government That They Have Been Sued

[Also available on LinkedIn.] When suing the government to compel a decision on a long-delayed immigration application, a critical element is starting the litigation clock as soon as possible. In other words: beginning the government’s 60 day time period to respond to the lawsuit and, hopefully, pressuring them to decide the underlying application before their […]

Immigration Delay Litigation: Decision Delays Disproportionately Impact Muslims

[Also available on LinkedIn.] Decisions on various immigration benefit applications – ranging from naturalizations to a whole host of visas – have become significantly delayed. A disproportionate number of these delayed decisions involve applicants from several Middle Eastern, South Asian and Muslim majority countries. The delay is partially caused by a policy called the Controlled Application […]

Making the Case to Compel a Delayed Immigration Decision

[Also available on LinkedIn.] Suing the federal government to compel a decision on a long-delayed immigration application is sometimes necessary. This is especially true after paying expensive application fees, engaging in a futile multi-year campaign to get someone to decide the pending application, and keeping your client’s life on hold in the interim. Determining which government agencies […]

Where to File an Immigration Delay Lawsuit

[Also available on LinkedIn.] One of the most important strategic decisions to make when filing an immigration delay lawsuit is choosing where to file it. The short answer is federal court. The long answer is, well, a little longer because it means identifying the appropriate “venue.” Selecting the wrong venue could mean dismissal under Federal […]

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