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Challenging Immigration Delays in Federal Court

Posted On:
April 29, 2020
Posted By:
Lauren McClure

Challenging Immigration Delays in Federal Court

If your immigration petition is being unreasonably delayed by USCIS, you may want to consider filing a mandamus lawsuit in federal court to force USCIS to make a decision on the case.

The Administrative Procedure Act states that “within a reasonable time, each agency shall proceed to conclude a matter presented to it,” and that the federal district court “shall…compel agency action unlawfully withheld or unreasonably delayed.” The Immigration and Nationality Act and its implementing regulations create duties for USCIS to make decisions on immigration applications, including I-130 alien relative petitions, I-485 green card applications and I-751 petitions for removal of conditions, among others.

If your immigration petition is being significantly delayed beyond normal processing times and your inquiries to USCIS are not being answered, a mandamus lawsuit may be the only way to get the government to process your case.

To discuss whether a mandamus lawsuit would be appropriate for your case, contact one of our immigration attorneys today. We are open and available for video conference and teleconference appointments.

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