“This is an issue that so many people in this country cannot believe is real. . . . Civil forfeiture means that the government, law enforcement, etc., is allowed to take away your property — often your car or even your home — without an arrest, without criminal charges, and without ever going to court. […]
Why EAD Based Mandamus Lawsuits Are So Frequently Successful
Work authorization is a crucial benefit for any immigrant. Without it, you cannot legally work. Yet, delays in issuing EADS are widespread, causing tremendous financial distress and career disruptions. Mandamus lawsuits are very successful in quickly fixing this issue and getting an EAD application decided. Why? According to USCIS, it takes adjudicators an average of […]
Class Actions Can Be Used To Fight Home Equity Theft From Unpaid Property Taxes
While it is customary for local governments in all states to seize and sell property when owners are delinquent on their taxes, 13 states and the District of Columbia allow local governments to keep the entire sales price rather than only keeping the proceeds necessary to satisfy the debt: Alabama, Arizona, California, Colorado, Illinois, Maine, […]
Visa Retrogression And Mandamus Lawsuits
There’s been a lot of talk and justified worry about the August 2023 visa bulletin, especially when it comes to the huge 10+ year step back for folks from India applying under EB-1. Some people are better at guessing how long the actual wait time might be, or suggesting other options for applicants, but here’s […]
Steps A Lawyer Should Take When Evaluating A Mandamus Lawsuit For an Immigration Client
If you’re talking to a lawyer about possibly filing a mandamus lawsuit, here are some things they (the lawyer) should be doing before the lawsuit is started. If these steps are lacking, perhaps look elsewhere: 1. Check if your lawsuit makes sense — Has there been an unreasonable delay? Are you waiting longer than most […]
Getting Ready to File a Mandamus Lawsuit
If your immigration case is taking too long, you might think about filing a mandamus lawsuit. Here are some steps you can take to prepare, so that when you are ready to file, you can move quickly and give yourself the best odds of success: Try to speed things up before you file a lawsuit. […]
The Two Biggest Caveats to Understand Before Filing a Mandamus Lawsuit
1) No Guarantee of Success: Well written and properly plead mandamus lawsuits have an outstanding track record of success in terms of getting a decision. However, it’s important to note that nothing is ever guaranteed when it comes to legal outcomes. Anyone who tells you otherwise is misleading you. 2) Compel Action, Not Outcome: A […]
Legal Problems Sarraf Gentile LLP Can Help Solve
My posts typically describe some details in the law that I think are useful for people who want to learn more about federal immigration litigation or litigation to combat fraud. Here are some problems my law firm is particularly well suited to solve: 1) Unreasonably delayed immigration petitions through mandamus lawsuits. 2) Wrongly decided Immigration […]
Underutilized Whistleblower Statutes Can Help Some Immigrants
There are numerous ways that immigrant workers are taken advantage of. This is especially true in immigrant-heavy industries, like construction. Most people are not aware that there are whistleblower statutes that can both protect immigrant workers, and financially reward them, if they provide useful information about how the government may be defrauded. Here’s a useful […]
A Reason Mandamus Cases Work In Fighting Immigration Delays That You Won’t Find In Legal Textbooks
Mandamus lawsuits can be effective due to a variety of factors, including favorable case law and statutes. Yet, they work for another reason that isn’t necessarily captured in legal textbooks. Essentially, these lawsuits impose a cost on the government for doing nothing. In normal circumstances without a lawsuit, government agencies can lack motivation to decide […]