Sarraf Gentile

Applications for naturalization can suffer from the same delays that other immigration applications endure. For naturalization applicants who completed their interview, Section 336(b) of the INA, 8 USC § 1447(b), provides for a very specific cure. According to the statute: If there is a failure to make a determination under [INA] § 335 [8 U.S.C. […]

If you’ve received a denial from USCIS or anticipate one, it’s crucial to prepare for a potential federal lawsuit challenging the denial. One of the most effective early steps is to request your Alien File, or A-File, from USCIS under the Freedom of Information Act (FOIA). The A-File should contain all the documents USCIS has […]

Many immigrants face long wait times for their immigration petitions. Because of these delays, some consider mandamus lawsuits to push for a decision. They can either file this lawsuit alone or with a group. Both ways have their pros and cons. Pros of Filing as a Group – Cost: Filing with a group can be […]

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. […]

Those who want to file a mandamus case due to a delayed immigration application often don’t know how crucial it is to pick the right location, or “venue”, for their lawsuit. There are 94 federal district courts in the US, and in many instances, there are several options for where to file your case. You […]

Not a record breaking amount, but it still worked out well for the whistleblower IMO. Strong evidence of investor fraud is valuable! https://www.sec.gov/news/press-release/2023-131

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, […]

8 U.S.C. § 1158(d)(5)(A) states that “in the absence of exceptional circumstances, the initial interview or hearing on the asylum application shall commence not later than 45 days after the date an application is filed” and that “final administrative adjudication of the asylum application . . . shall be completed within 180 days after the […]

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 […]

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” […]