Sarraf Gentile

[Also available on LinkedIn.] Most likely, the answer to this question is yes. You can skip the AAO step as long as there is no statute or regulation that explicitly requires an administrative appeal. The majority of regulations governing USCIS petitions and applications do not require an AAO appeal.  This standard was set (with more […]

[Also available on LinkedIn.] For those of you that are unfamiliar, mandamus lawsuits are tools immigrants can use to force the Government to quickly adjudicate a case that has been unreasonably delayed. These delays can cause families to be separated, jobs to be lost and a whole host of other negative issues. By filing a […]

[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 […]

[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 […]

[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 […]

[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 […]

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 […]

[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 § 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 […]

[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 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. […]