[Also available on LinkedIn.] Although these cases have an excellent track record of success, they do not succeed 100% of the time. Generally, losing a mandamus case will not impact whether your case is ultimately approved or denied. A loss should not result in further delay. The immigrant will remain in the same legal status […]
5 Common Myths About Mandamus Lawsuits for Immigrants
[Also available on LinkedIn.] 1) If you sue the Government, they will retaliate by declining your case- This is a persistent one and completely understandable. It’s just not true. We’ve never seen this happen in our experience and have heard the same from all of our colleagues that file these cases regularly. Some colleagues, who […]
Types of Lawsuits You Could Bring Against the Government in the Immigration Context
[Also available on Reddit.] This is a concise summary of the most common federal district court lawsuits people bring against the Government for problems and rights violations related to immigration. A couple of major areas they left out are Administrative Procedure Act (APA) cases for improper denials of petitions and lawsuits under FOIA to compel […]
Some Benefits to Filing a Mandamus Lawsuit to Address Unreasonably Delayed I-526 Petitions for EB-5 Investors
[Also available on LinkedIn.] Some Benefits to Filing a Mandamus Lawsuit to Address Unreasonably Delayed I-526 Petitions for EB-5 Investors: 1) By speeding up the adjudication process, mandamus suits can get your life in the US started. If you are already here on another status that is expiring, the faster adjudication can help you to […]
Are Mandamus Lawsuits a good strategy for EB-5 Investors with Delayed I-526 Petitions? UPDATED
ORIGINAL (December 8, 2021): Mandamus lawsuits for EB-5 investors with delayed I-526 petitions has been a successful strategy in the past. Currently, for many petitioners, this is no longer the case. If an EB-5 petitioner’s investment was made into a regional center, there is really no benefit for going forward with a Mandamus case as […]
Mandamus Lawsuits for Those in the EB-5 Process Who Are Stuck at the I-829 Stage
[Available on LinkedIn.] Here is why mandamus lawsuits for people in the EB-5 process stuck at the I-829 stage are so powerful in getting a delayed case decided: 8 CFR ยง 1216.6(5)(b)(1) “The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of […]
Mandamus Lawsuits in the Asylum Context
[Also available on Reddit.] While these cases have more challenges than other areas of mandamus lawsuits, they still work. This well-written conclusion from an AIC Practice Advisory says it all: “Unreasonable delays in asylum adjudications have severe and long-lasting consequences for asylum applicants. Legally sound and compelling arguments exist that courts have the power to […]
There are some reasons not to enforce the I-864 affidavit of support, but money is not one of them
There are some good reasons not to enforce the I-864 affidavit of support against your ex spouse if you have a green card, but money is not one of them. We (and other firms) provide free consultations for these cases and we only charge a fee IF we are successful and get you financial support. […]
Blowing the Whistle on EB-5 Fraud or Related Securities Law Violations . . . Confidentially
[Also available on LinkedIn.] A little noticed provision in the EB-5 Reform and Integrity Act of 2022 should provide some comfort to those considering blowing the whistle on EB-5 fraud or related securities law violations. The language in the Act reinforces the government imperative to keep whistleblower identities confidential. This is in addition to the […]
Don’t Assume Your Divorce Lawyer Knows Green Card Holders Can Get Financial Support Through I-864
Here’s a Suggestion: If you are a green card holder going through a divorce, do not assume your divorce lawyer is aware that a separate route exists for you to get financial support through the I-864 affidavit of support. Most divorce lawyers are unfamiliar with this little known corner of immigration law and do not […]