Important Naturalization Denial Litigation Tip. Process Matters! (Video)

While most (not all) USCIS denials do not require an administrative appeal in order to proceed to federal district court to fight the denial, Naturalization (N-400) denials are different. Once USCIS denies a naturalization application, a lawsuit can be filed under 8 USC §1421(c). However, before seeking judicial review, the administrative appeal process should be […]

Some Immigration Decisions Are Discretionary, But Timely Processing Is A Right! (Video)

The Government loves to conflate discretion to approve or deny with discretion to timely adjudicate. This is a sleight of hand argument the Government is fond of when defending their indefensible delays from mandamus lawsuits. Unquestionably, the granting of some immigration benefits such as Asylum or Adjustment of Status are discretionary. However, that’s very different […]

Before You Hire a Lawyer To Handle a Mandamus Lawsuit, Evaluate Their Federal Litigation Experience (Video)

When hiring an attorney to handle an immigration based mandamus lawsuit, it is essential to ensure that they have experience in federal litigation, as this is a distinct skill from advising on immigration applications, petitions and agency practice. Mistakes can be costly and are avoidable if the person filing the complaint has extensive experience in […]

If You’ve Been Denied An Immigration Benefit By USCIS, Here is One Less Thing To Worry About (Video)

Most lawsuits related to immigration-based denials are not significantly impacted by an applicable statute of limitations. The Administrative Procedure Act (APA) itself does not have a specific statute of limitations. If there isn’t a specific statute of limitations for a civil lawsuit against the government, the general six-year limitation outlined in 28 U.S.C. § 2401(a) […]

Good News If You are a Sponsored Beneficiary Thinking of Litigating an Employment Immigration Issue (Video)

For those interested in employment immigration litigation, if you are looking for a good citation for the proposition that beneficiaries have a legal interest in the adjudication of their I-140s (not just the employer sponsor), check out Khedkar v. USCIS, 552 F. Supp. 3d 1 (DDC 2021). Sometimes the Government will argue only employers can […]

1 3 4 5 6 7 35