Immigration Denial Litigation

Correcting Immigration Denials With Litigation

Sara & Mike

Sara and Mike got married while Mike was working abroad.  As the wife of a US citizen, Sara’s application for a green card was approved and she moved to the US to begin a new life with Mike. Shortly after having their first child, Sara wanted to bring her parents to stay with them. They filed visa applications to grant Sara’s mother and father US residency status. After several years of waiting, the visa application was denied.

Sara was stunned — there was no good reason for the denial.  Sara’s immigration lawyer was also surprised.  He said that they could file a new application, but that would take years and could also be denied.  Instead, he suggested filing a lawsuit and challenging the denial.  Sara hired a law firm that specializes in immigration litigation and fought the denial, arguing that it was wrongly decided.  Soon after filing the lawsuit, the government reversed course and agreed to grant the application. 

Just because the government denied your visa application does not mean they should have.  In many cases, the denial was improper.  To correct it, visa applicants have the right to sue the government and ask a federal judge to revise the decision.

The lawyers at Sarraf Gentile LLP use their litigation skills and experience working with government lawyers to represent individuals nationwide in these lawsuits.  

We believe in our skills and our clients’ cases.  Free initial consultations.  Flat fees.

The Problem:  A Denied Immigration Application 

Applying for immigration benefits can be a complex process.  This is often made worse by delays and having to wait years for a decision.  When a decision is finally made, it is not always favorable.  In fact, many immigration applications are denied.  But not all of these denials are proper.

Like any government agency, the U.S. Citizenship & Immigration Services (USCIS), is made up of people.  And people can make mistakes.  But these mistakes have real-life consequences: children aging out of benefits; new employees unable to start jobs; marriages being prevented; trips abroad put off indefinitely; uncertainty about where to plant roots; etc.

While a new immigration application can sometimes be filed, there is another option: suing the government and challenging the denial.

The Solution: Asking the Court to Correct a Denied Immigration Application

After waiting years for a decision on an immigration application only to be denied, suing the government and challenging the denial may be the best path forward.  And while this may sound daunting, it’s a straightforward and low risk process.

Done properly, there are benefits to suing the government to compel an immigration decision.  Filing a new case that seeks immediate action on a pending application brings you an impartial judge. It also brings a fresh set of eyes for the government because these suits are defended by Department of Justice (DOJ) lawyers who review and often inquire about the basis for the application’s decision.

These federal lawsuits can be brought quickly and relatively inexpensively. That is because there is usually no discovery, no document production, no witnesses, no expensive expert testimony. Everything is decided on the material submitted as part of the application — what is referred to as the “administrative record.”

This litigation option uses the Administrative Procedure Act (APA) and applies to a wide variety of immigration applications.

Some people are afraid of potential retaliation by USCIS or the government for suing them, but we are not aware of an instance where this has occurred. In fact, some attorneys have reported the opposite: better treatment for clients after they show a willingness to fight.

Having to wait years to get a decision is difficult enough and made worse when the decision is an incorrect denial. Fortunately, the law allows applicants to challenge these denials and Sarraf Gentile LLP can help.

We Can Help: Hire Sarraf Gentile LLP to Represent You

Free Initial Consultations: All initial consultations are free. Period.

Flat Fees: You will know what we charge upfront and what the case will cost to litigate. No surprise bills, no guessing.  That phone call to answer a question is not billed by the minute.

The Right Experience: The attorneys at Sarraf Gentile LLP are accomplished litigators. We have decades of complex litigation experience in federal courts nationwide.  Because we frequently represent clients who assist and collaborate with government agencies, we have a history of working closely and productively with the Department of Justice. This is the same agency that will likely defend USCIS in your case.

We’re Fearless:  We’re used to litigating high stakes, bet-the-farm issues. We’ve represented many people in difficult situations, especially when their livelihoods are on the line, against adversaries with nearly unlimited resources. We don’t get intimated. This is not our first rodeo.

We Listen: Many of our clients have become lifelong friends. Over time, our clients have taught us many valuable lessons. We know how important regular communication and updates are to helping us better represent clients and manage their stress levels. We have also learned that empathy isn’t just about being nice. Developing the ability to holistically see a client’s world through their eyes helps us develop better strategies to accomplish what’s best for them. Nothing matters more to us than being able to help those that trust us when they need us.

We Work Hard & Well With Others: Like most litigators, we’re good at fighting and don’t shy away from it. Less common, we value collaboration. For a variety of reasons, many of the cases we’ve handled over the years have been co-counseled with other law firms. We pride ourselves on our ability to work well as part of a larger team. We don’t let ego get in the way of providing the best possible service to our clients. This means that we will happily work with our client’s existing immigration counsel — both before & after filing a lawsuit — to ensure that we get the best result.