Sarraf Gentile

For those interested in employment immigration litigation, if you are looking for a good citation for the proposition that beneficiaries have a legal interest in the adjudication of their I-140s (not just the employer sponsor), check out Khedkar v. USCIS, 552 F. Supp. 3d 1 (DDC 2021). Sometimes the Government will argue only employers can […]

If you want to solve an unreasonable and unfair delay in your immigration case using a federal lawsuit, winning with a Writ of Mandamus or the Administrative Procedure Act (APA) will have the same outcome: a decision on your immigration petition. The way to win your case on either is quite similar. So, if both […]

You don’t have to fire or replace your immigration lawyer to hire someone that specializes in federal litigation to file your lawsuit. Filing a Mandamus or APA denial lawsuit with new counsel doesn’t mean you have replace your current immigration lawyer. A lawsuit is a separate process. It requires attorneys specialized in federal court litigation. […]

[Also available on Facebook] Let’s say you ordered a pizza for delivery and you’re really hungry. You wait and wait, but the pizza never arrives. You call the pizza place and they tell you that there’s a delay, but they don’t know how long it will be until the pizza is delivered. You’re frustrated because […]

If federal litigation is not your core experience or day job, getting hit with a motion to dismiss by the US Attorney’s Office on an immigration mandamus/APA case may be a good juncture to reach out to experienced potential co-counsel.

I rarely cite CIS for anything. I find their work to generally be heavily biased against anything related to immigration. However, they did some number crunching in 2021 that illustrates a useful point on AAO appeals. Namely, that they are rarely successful. They analyzed AAO appeals for 3 categories of petitions (TPS, H-1B and immigrant […]

[Also available on Facebook] I rarely cite CIS for anything. I find their work to generally be heavily biased against anything related to immigration. However, they did some number crunching in 2021 that illustrates a useful point on AAO appeals. Namely, that they are rarely successful. They analyzed AAO appeals for 3 categories of petitions […]

Anyone recently experience a whacky denial from USCIS? By whacky, I mean USCIS citing and relying on facts that obviously come from a different person’s petition. I’m curious if this is a coincidence I’m seeing in my practice or if this is a trend. Fortunately, I think many of these careless decisions are the definition […]

While these cases have more challenges than other areas of mandamus lawsuits, they can still work. To be on the conservative side, we prefer bringing these cases where the waits are on the longer side. Typically, the delay would be beyond 4 years. This well-written conclusion from an AIC Practice Advisory sums up the prevailing […]

No — you do not need to be a US citizen or even reside in the US to collect a whistleblower award. Information is what matters most. If the evidence you provide helps the government bring the fraudsters to justice, you may be entitled to an award. The best whistleblower programs that address EB-5 and […]