The immigration process is largely administrative, meaning it typically involves completing the right forms and submitting them for approval by U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State. Unfortunately, applications are sometimes unfairly denied or simply lost in the process. Other aspects of the process can also result in adverse outcomes. Whether you are facing deportation or don’t know why your application hasn’t been approved, an immigration litigation attorney can explain your options.
Writ of Mandamus
The immigration process is handled by multiple massive federal agencies. As a result, understaffing, shifting priorities, and bureaucratic inefficiencies can lead to delays in the processing of your application. In some cases, the process can simply stop, creating significant hardship and considerable frustration.
Fortunately, you do not need to be held captive by an inefficient system. If you have completed your application and all subsequent steps and nothing is happening, an immigration litigation attorney can help. They can file a lawsuit on your behalf, often referred to as a mandamus lawsuit, to compel the government to take action on your application. A mandamus lawsuit is a way to ask a federal court to intervene where there has been an unreasonable delay. It is helpful to document all attempts you have made to resolve your case before going to federal court.
APA Lawsuits
We want to believe that the USCIS approves applications when appropriate, but the reality is that the agency can make erroneous decisions. While the government has significant discretion over the immigration process, they are bound by the Administrative Procedure Act (APA), which prevents the government from making arbitrary or unreasonable decisions. Whether the agency made a mistake of fact or a mistake of law, an immigration litigation attorney can challenge their decision at the agency level or in federal court. The appeal process can be confusing, and it’s important that you file for appeal during the appeal window.
Declaratory Judgments
If you are unsure whether you qualify for immigration benefits, one option is to file a lawsuit seeking a declaratory judgment. A declaratory judgment is a ruling from a federal judge that determines your status, rights, and duties under the law. A declaratory judgment can bring clarity for individuals who do not have a clear path for immigration.
Removal Defense
Deportation is a high-stakes proceeding that could result in you being forced out of the country. A skilled immigration litigation attorney can help you navigate the process and hopefully avoid removal. They can represent you in court hearings and, if necessary, appeal any adverse decisions.
Contact Lotfi Legal if You Need Litigation Representation
Facing the U.S. government can be intimidating and overwhelming, but getting a skilled immigration attorney on your side can level the playing field. At Lotfi Legal, we know your future is at stake, so we never stop fighting for you. Whatever issue you are facing, we can evaluate your case and give you a candid assessment of your options. To learn more about what we can do for you, call or email us today to schedule a consultation.