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 […]

Why EAD Based Mandamus Lawsuits Are So Frequently Successful

Work authorization is a crucial benefit for any immigrant. Without it, you cannot legally work. Yet, delays in issuing EADS are widespread, causing tremendous financial distress and career disruptions. Mandamus lawsuits are very successful in quickly fixing this issue and getting an EAD application decided. Why? According to USCIS, it takes adjudicators an average of […]

Class Actions Can Be Used To Fight Home Equity Theft From Unpaid Property Taxes

While it is customary for local governments in all states to seize and sell property when owners are delinquent on their taxes, 13 states and the District of Columbia allow local governments to keep the entire sales price rather than only keeping the proceeds necessary to satisfy the debt: Alabama, Arizona, California, Colorado, Illinois, Maine, […]

Visa Retrogression And Mandamus Lawsuits

There’s been a lot of talk and justified worry about the August 2023 visa bulletin, especially when it comes to the huge 10+ year step back for folks from India applying under EB-1. Some people are better at guessing how long the actual wait time might be, or suggesting other options for applicants, but here’s […]

Getting Ready to File a Mandamus Lawsuit

If your immigration case is taking too long, you might think about filing a mandamus lawsuit. Here are some steps you can take to prepare, so that when you are ready to file, you can move quickly and give yourself the best odds of success: Try to speed things up before you file a lawsuit. […]