Sarraf Gentile

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, […]

Congress mandates that an interview or decision on an EB-5 applicant’s I-829 petition to remove conditions from their green card must be made within 90 days of submission. This is specified in 8 U.S.C. § 1186b and 8 C.F.R. § 216.6, which state: (c) Adjudication of petition (1) The decision on the petition must be […]

Many USCIS based immigration denials do not require applicants to exhaust remedies (i.e., pursue administrative appeals) to contest such denials in federal district court. There are exceptions to this. One major exception is naturalization denials. According to 8 CFR § 336.9(d): Exhaustion of remedies. A USCIS determination denying an application for naturalization under section 335(a) […]

One reason to include a count under the Administrative Procedure Act (APA) in your mandamus complaint is to avoid the government successfully asserting that there is an adequate alternative remedy for the immigrant plaintiff besides a writ of mandamus. Another less frequently mentioned reason is to prevent the argument that an administrative appeal must be […]

Many people who want to file a mandamus case for a delayed immigration application don’t realize the importance of choosing the right venue, or where to file the lawsuit. With 94 federal district courts, there are often multiple options for filing. These can include the applicant’s residence, the location of the service center handling the […]

Here are the Top 10 reasons why there’s a long delay in getting a decision after a naturalization interview: 1. Background checks: The government needs to make sure you don’t have any criminal history or other issues. If these checks take longer, you might have to wait more. 2. Safety concerns: If they think there […]

I find it fulfilling to work on mandamus lawsuits involving immigration delays, especially when valid visa holders (usually H1-B) travel overseas and experience indefinite delays when trying to return to the US (euphemistically referred to as “administrative processing”). This often results in job loss, family separation, and the need for unplanned arrangements to survive life […]

It’s worthwhile to be familiar with the broad reach of the Trafficking Victims Protection Act (TVPA). There’s a lot more to the TVPA than T Visas. This legislation safeguards victims of human trafficking and forced labor, enabling them to pursue legal action in U.S. courts against those responsible for their exploitation. Victims may receive compensatory […]

If you have invested in an EB-5 project and it is not providing the necessary documentation for your I-829 approval, it’s crucial to explore legal remedies to enforce compliance as soon as possible. All available options may take time, and depending on the specifics of your limited partnership or LLC agreement, you may have the […]

Consular officers make numerous decisions affecting immigrants and their families. Some of these decisions may be incorrect, causing disruptions and breaking families apart. But the Doctrine of Consular Nonreviewability generally prevents courts from reviewing decisions made by consular officers, even if they make legal errors or violate laws. Denying judicial review creates opportunities for law […]