Sarraf Gentile

[Also available on Reddit.] Yes.  If your ex-spouse signed a Form I-864, Affidavit of Support, you are entitled to financial support. Period. This financial support exists even if he claims you are “at fault” or did something wrong to end the marriage.  The financial support is about $1,342 per month and only ends under very […]

[Also available on Reddit.] Absolutely, a case can be unreasonably delayed and therefore actionable even if it is still within the stated USCIS processing time range. As one federal judge in Illinois recently ruled, “an unreasonable delay that applies to every applicant is still unreasonable.” On the flip side, just because a case is outside […]

[Also available on Reddit.] Do I need to appeal an immigration benefits denial by USCIS to the Administrative Appeals Office (AAO) before challenging the denial in federal court? If you are challenging a erroneous USCIS denial using the Administrative Procedures Act (APA), the answer is no in most cases. You can skip the AAO and […]

[Also available on Facebook.] Nervous for an upcoming Marriage based USCIS Interview?  Here are some tips: 1) This is the cardinal rule. Always be honest in answering questions. 2) If you don’t understand a question, let the officer know and ask them to repeat or rephrase. 3) If you don’t know the answer to a […]

[Also available on Reddit.] Mandamus lawsuits for EB-5 investors with delayed I-526 petitions has been a successful strategy in the past. Currently, for many petitioners, this is no longer the case. If an EB-5 petitioner’s investment was made into a regional center, there is really no benefit for going forward with a Mandamus case as […]

[Also available on Reddit.] “The director shall adjudicate the petition within 90 days of the date of the interview, unless the interview is waived in accordance with paragraph (b)(1) of this section.” If you had your 751 interview and are waiting more than 90 days for a decision, you have the makings of a strong Mandamus case to force the government to […]

[Also available on Reddit.] Congress requires that an EB-5 petitioner’s I-829 petition to remove conditions on their green card must be decided within 90 days of filing. This is contained in 8 U.S.C. § 1186b as well as 8 C.F.R. § 216.6, which reads: (c) Adjudication of petition (1) The decision on the petition shall be made […]

[Also available on Reddit.] Congress requires that SIJS petitions are to be decided within 180 days of filing. This is contained in Section 1232(d)(2) of Title 8 of the US Code, which reads: Expeditious adjudication All applications for special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated by […]

[Also available on Reddit.] Many courts have ruled that the beneficiaries of an immigration application have standing (or the right) to sue for unreasonably delayed decisions or unlawfully denied benefits. However, not all courts agree. So, to be on the safe side and avoid a challenge, it’s best to add the US petitioner (usually the […]

[Also available on Facebook.] Every foreign national who immigrates to the US by marriage to a US citizen or lawful permanent resident (LPR) is given a two-year green card. They are conditional residents. To remove the “conditions” and become a lawful permanent resident requires the filing of a form I-751, Petition to Remove Conditions on […]