Immigration Delay Litigation Process in Doraville
The process for legally immigrating to the United States can be slow. Sometimes, years will pass with no decision, leaving families in limbo.
Therefore, pressuring the federal government to force a decision could be the best option in your case. The immigration delay litigation process in Doraville, though potentially intimidating, could be much faster than waiting for the U.S. Citizenship and Immigration Services (USCIS) to decide on an application. Speak with a local immigration delay attorney about whether suing USCIS over a prolonged decision makes sense for you.
Timelines for Delayed Immigration Petitions
Delays in approving immigration applications harm people in various circumstances. Fiancés could find their wedding postponed, job opportunities could disappear, and families could lose the opportunity to be reunited with loved ones. Immigration delays cause significant suffering.
Before the USCIS grants a visa or changes a person’s immigration status, they must verify the information in the applicant’s petition and conduct several security clearances that can take months.
The type of immigration petition affects the time USCIS takes to resolve an application. However, a reasonable timeframe for most immigration petitions is 18 to 24 months. If an individual has waited more than two years for a decision on their petition, a lawsuit against the federal government could force an answer. A knowledgeable lawyer in Doraville could help jumpstart a delayed immigration case and get the litigation process underway.
What Is a Writ of Mandamus Lawsuit?
When an applicant has waited an unusually long time for a decision on an immigration petition, they could bring a legal action called a Writ of Mandamus. This lawsuit compels the government to complete the review process and make a decision.
A tenacious attorney could bring an action to compel a decision on an individual’s petition for:
Sometimes applicants are reluctant to take legal action against the government because they are worried it will negatively impact USCIS’ decision. However, as a Doraville lawyer could explain, applicants have been bringing mandamus actions for many years, and evidence shows no effect other than speeding up a frustrating immigration delay.
Suing for an Immigration Decision
Most people think that taking someone to court is time-consuming and expensive. However, that is usually true but is not true for a Mandamus action. Adhering to the Federal Administrative Procedure Act, this kind of litigation does not require testimony, discovery, a jury, or other procedures that make lawsuits slow and costly.
Instead, a judge bases their decision on a review of the materials the prospective immigrant submitted to USCIS. If the review reveals no reasonable basis for the delay, the court could order USCIS to decide within a specified time, often 30-90 days.
Simply filing the lawsuit could spur USCIS to act. In some cases, USCIS will decide on an application before the judge issues an order. After waits for several years with no response from USCIS, a dedicated attorney in Doraville could help obtain an answer through filing an immigration delay lawsuit.
Discuss the Immigration Delay Litigation Process in Doraville with Our Attorneys
If you have been waiting years for a decision on your immigration petition, you have been waiting too long. Take advantage of the immigration delay litigation process in Doraville, which allows you to demand that USCIS decide on your petition.
Do not wait any longer for a decision that might still be years away. Contact our skilled team to pursue a Mandamus action.