How Does Federal Court Litigation Help Resolve Stalled Immigration Cases?

Immigration cases are notorious for taking a long time. Many applicants have to deal with the underlying anxiety of an unconfirmed status as they wait for a response, with months or even years passing without any updates from government agencies. Our dedicated team of Chicago immigration attorneys at Kriezelman Burton & Associates, LLC understands how stressful these waiting periods can be. We provide legal representation to help clients address these frustrating delays.

Thankfully, there can be options for immigration applications that seem to be at a standstill. One powerful mechanism to resolve stalled cases is federal court litigation. This legal strategy often involves initiating Writ of Mandamus lawsuits to seek a formal court review against agencies like USCIS or DHS for unreasonable delays. An experienced attorney can handle the complex court filings and litigation that this process involves.

What Is Federal Court Litigation?

Federal court litigation is a way to ask government agencies to take action in cases that have been unreasonably stalled or seemingly forgotten. It allows individuals to take their delayed cases before a federal judge instead of relying solely on agency customer service requests, moving the issue directly into the judicial system. In effect, this means that when the United States Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS) fails to process an application within a reasonable timeframe, applicants do not have to be subjected to endless waits.

The Power of Mandamus Lawsuits

A Writ of Mandamus is a specific type of lawsuit filed in federal court. It asks a federal judge to compel a government agency to perform its mandatory duties. While a judge cannot force USCIS to approve an application, the judge can order the agency to make a final decision. Mandamus lawsuits frequently prompt immediate action from government officials as a result.

Using Federal Litigation to Challenge USCIS and DHS Delays

Government agencies are required to process applications within a reasonable time under the Administrative Procedure Act. When they fail to meet this obligation in immigration cases, federal court intervention can be used to:

• Hold Agencies Accountable: Starting a lawsuit against DHS or USCIS holds them legally responsible for unreasonable delays.
• Bypass the Backlog: Filing in federal court often moves a stalled file from a massive administrative backlog to the desk of a government worker.
• Achieve Finality: Court review forces the agency to evaluate the evidence and issue a prompt response, whether that is approval, denial, or a request for evidence.

The Essential Role of an Immigration Attorney

While this can be an important step in a delayed case, interacting with the federal court system requires substantial legal understanding. The process involves strict filing deadlines, complex procedural rules, and detailed legal arguments. An immigration attorney can first determine if the delay qualifies as legally unreasonable based on current processing times. If it does, they will draft the initial complaint, carefully outlining the history of the delay and the specific legal rights violated, and submit it to the appropriate court. Experienced litigators then handle all communication with government attorneys, negotiate settlements, and aggressively represent the applicant before the federal judge to help move USCIS or DHS to action.

You Can Take Action on Your Delayed Immigration Case

While some waiting is inevitable, you do not have to accept indefinite delays. Kriezelman Burton & Associates, LLC has helped thousands of clients resolve immigration disputes since 1974. Our firm has significant experience litigating before the Immigration Courts and Federal Courts, providing you with the empathetic, knowledgeable support you deserve. If you believe your case has stalled and you need a way forward, contact our team today at 312-332-2550 to schedule a confidential consultation.