[Also available on Reddit.] There is no single ironclad test the courts use in determining whether a delay in adjudicating an immigration petition is unreasonable. The closest thing we have are the so-called TRAC factors. These factors are guidance from the seminal case, Telecommunications Research & Action Center v. Federal Communications Commission 750 F.2d 70 […]
Challenging Naturalization Denials in Federal Court (Video)
The challenge to a denied naturalization application (N-400) is decided on a very different standard from other cases where immigration denials are contested. While most non-consular immigration denial lawsuits need to attack the decision making process and the legal footing that lead to the denial and convince a federal judge that the denial was arbitrary […]
Where to File a Lawsuit To Fight a Stalled Naturalization Application (Video)
Applicants who have waited more than 120 days from their initial interview for a decision on a stalled naturalization application (N-400) have the option under Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), to file a lawsuit. But where? The statute is specific: If there is a failure to make a […]
When to File a 1447(b) Lawsuit To Address a Stalled Naturalization Application (Video)
Naturalization applicants who have waited more than 120 days for a decision have the option under Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), to file a lawsuit in federal court. The statute is very specific in identifying precisely when a naturalization applicant can ask a federal court to intervene due […]
Strategies to Supplement the Administrative Record for Immigration Related APA/Mandamus Lawsuits
[Also available on LinkedIn.] Immigration lawsuits filed under the Administrative Procedures Act (APA) – to challenge processing delays or USCIS denials – usually don’t involve discovery. That is because judicial review of such claims are typically limited to the facts in the administrative record already in existence. Court will generally not allow new facts to be added. As […]
A Powerful Tool For Stalled Naturalization Applications (Video)
Applications for naturalization (on Form N-400) can suffer from the same delays that other immigration applications endure. But for N-400 applicants who finished their interview, Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), provides for a very specific (and powerful) cure. According to the statute: If there is a failure to […]
Successful Mandamus Lawsuits to Secure Delayed EADs and AP Documents (Video)
One area where we have seen particular success with mandamus lawsuits is in securing delayed EAD/AP, work and travel documents. These cases are usually very successful and often result in getting an approved EAD and travel document shortly after filing suit. There are a couple of reasons for this. First, these applications take very little […]
Successful Mandamus Lawsuits to Secure Delayed EADs and AP Documents
[Also available on Facebook.] One area where we have seen particular success with mandamus lawsuits is in securing delayed EAD/AP, work and travel documents. These cases are usually very successful and often result in getting an approved EAD and travel document shortly after filing suit. There are a couple of reasons for this. First, these […]
Challenging Naturalization Denials in Federal Court
[Also available on LinkedIn.] The challenge to a denied naturalization application (N-400) is decided on a very different standard from other cases where immigration denials are contested. While most non-consular immigration denial lawsuits need to attack the decision making process and legal footing that lead to the denial and convince a federal judge that the denial […]
Where to File a Lawsuit To Fight a Stalled Naturalization Application
[Also available on LinkedIn.] Applicants who have waited more than 120 days from their initial interview for a decision on a stalled naturalization application (N-400) have the option under Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), to file a lawsuit. But where? The statute is specific: If there is a failure to […]