Sarraf Gentile

I’m happy to report that we’ve gotten another positive result in a consular denial lawsuit. An unjust consular denial is not the final word if there’s a US citizen spouse or minor child involved. This is especially so if the lawsuit can be brought somewhere in the Ninth Circuit (most of the Western US) relying […]

Consular officers are responsible for making many decisions that significantly impact immigrants and their families. Unfortunately, some of these decisions may be incorrect, resulting in familial disruptions and separations. Yet, the existing Doctrine of Consular Nonreviewability largely prohibits courts from scrutinizing the decisions made by consular officers, even when these decisions may contain legal mistakes […]

In the event of a USCIS denial, one available option is to file a request for an appeal with the Administrative Appeals Office (AAO). However, it’s generally advisable to bypass this step. That is because of a 1993 Supreme Court decision in Darby v. Cisneros, which clarified that the federal courts are not obligated to […]

In the area of mandamus lawsuits, we have noted a particularly high success rate in accelerating the adjudication of delayed EAD/AP work and travel documents. Generally, these cases result in the swift approval and receipt of the required documents shortly after the initiation of a lawsuit. This success can be attributed to two primary factors. […]

Many courts have ruled that the beneficiaries of an immigration application have standing (or the right) to sue for unreasonably delayed decisions or unlawfully denied benefits. However, not all courts agree. So, to be on the safe side and avoid a challenge, it’s best to add the US petitioner (usually the sponsoring family member or […]

Yet another prosecution related to an alleged EB-5 fraud that cost investors over $30 million in losses and untold life complications. The alleged ringleader was sentenced to over 5 years in prison. Be very cautious before writing a check. https://www.justice.gov/usao-ct/pr/real-estate-developer-sentenced-investment-fraud-bank-fraud-money-laundering-and-tax

Applications for naturalization can suffer from the same delays that other immigration applications endure. For naturalization applicants who completed their interview, Section 336(b) of the INA, 8 USC § 1447(b), provides for a very specific cure. According to the statute: If there is a failure to make a determination under [INA] § 335 [8 U.S.C. […]

If you’ve received a denial from USCIS or anticipate one, it’s crucial to prepare for a potential federal lawsuit challenging the denial. One of the most effective early steps is to request your Alien File, or A-File, from USCIS under the Freedom of Information Act (FOIA). The A-File should contain all the documents USCIS has […]

Many immigrants face long wait times for their immigration petitions. Because of these delays, some consider mandamus lawsuits to push for a decision. They can either file this lawsuit alone or with a group. Both ways have their pros and cons. Pros of Filing as a Group – Cost: Filing with a group can be […]

When you’re taking the government to court to speed up an unreasonably delayed immigration application decision, it’s important to start the legal countdown quickly. This means triggering the government’s 60-day response period for the lawsuit as soon as possible, in the hopes of nudging the government to decide your application before their response is due. […]