Sarraf Gentile

Recent data from Syracuse University shows that immigration related lawsuits filed in federal court are increasing at a very high rate. Most of these lawsuits are mandamus lawsuits that challenge excessive delays in immigration petition processing times. The volume of these lawsuits suggests two things: 1) People are VERY dissatisfied with the processing backlogs at […]

In 1984 the Supreme Court, in a case called Chevron v. NRDC, established the principal that courts will defer to how a U.S. government agency interprets a U.S. rule or law. This is referred to as the Chevron doctrine. The Supreme Court recently agreed to decide a new case, Loper Brights v. Raimondo, which challenges […]

Administrative Procedures Act (APA) lawsuits to address immigration based denials must be based on a “final” agency action. If an administrative appeal is available, such as through the AAO or BALCA, filing the appeal is not necessary if the regulation or statute creating the appeal route is optional instead of mandatory. For instance, appealing a […]

The Department of State claims that recent improvements in processing techniques and technologies are reducing the amount of cases going into administrative processing and shortening the time it takes for cases to finish administrative processing. I don’t see statistics attached to this announcement so I don’t know how big an improvement this is. What I […]

When considering to withdraw your funds from an EB-5 investment, it’s often beneficial to engage a lawyer who is experienced in securities and corporate law to negotiate the return or scrutinize any agreement prior to signing. We’ve assisted numerous investors in this process and have encountered some extremely one-sided terms that Regional Centers or General […]

As we move closer towards the summer season, this increasingly becomes a time of high anxiety for many diversity visa lottery winners whose cases are still in processing. Lottery winners have until September 30th for the Government to finish processing their cases or a potential once in a lifetime opportunity to immigrate to the US […]

Keep an eye on the forthcoming Loper Bright case that’s going to the Supreme Court. The outcome of this case could potentially reverse the principle of Chevron Deference. Essentially, Chevron Deference is a rule that allows government administrative agencies to interpret laws and regulations that relate to them and the courts will generally respect those […]

Without a doubt, fraud in the H-1B visa process is an issue that demands serious attention. Nevertheless, it’s crucial to recognize that this crackdown will likely unintentionally affect many innocent workers caught up in the process. It is unfair that innocent workers should bear the severe consequences of employer misconduct. Thankfully, some of these workers […]

Section 336(b) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1447(b), describes how courts can intervene if USCIS takes too long to decide a post interview naturalization application. Specifically, if USCIS has not made a decision within 120 days after the applicant’s interview, a district court can step in. While INA section 336(b), […]

If you are considering filing a mandamus lawsuit because you have been subject to multiyear delays for an asylum interview, be sure to consider a version of the following as part of your argument: USCIS prioritizes recently-filed asylum applications for processing to the detriment of longer pending cases. This policy is known as “last in, […]