Is your case stuck in administrative process? We can help you by completing this form.

Immigration Lawyer
San Diego

Spread the love

Under federal law, U.S. Citizenship & Immigration Services (USCIS) is required to complete tasks and make final decisions on applications within a “reasonable time.” If months have passed since you filed your immigration application or completed your interview and you have not heard anything about your application status, filing suit against USCIS for their delay may be an option worth considering.

The San Diego immigration delay litigation process can be effective in compelling a definitive response from USCIS, but it is not easy to successfully pursue this kind of lawsuit alone. A knowledgeable immigration delay attorney could help you understand how this process works, what you need to do to pursue it, and what results you may be able to expect upon its conclusion.

Steps to Filing Suit over an Immigration Delay in San Diego

If several months have passed since an individual filed their immigration application, the Administrative Procedures Act gives that individual the right to file what is known as a “writ of mandamus,”. This type of lawsuit seeks a court order that compels a final decision on an immigration petition. Alternatively, if more than 120 days have passed since an immigration interview and naturalization test with no response from USCIS, the petitioning individual can seek naturalization through a court.

The first step to pursuing a writ of mandamus is to gather various pieces of documentation detailing the steps that the plaintiff has already taken in the immigration application process—for example, a N-400 receipt, a completed visa application form, and/or biometric test results. Next, the plaintiff and their attorney must file this documentation along with their lawsuit, in which USCIS, the Department of Homeland Security, and any local branches of either agency are named as defendants.

Once a federal court receives a writ of mandamus case, they notify the defendants and give them 60 days to respond. The Assistant U.S. Attorney responsible for defending the agencies in question also reach out to those agencies and explore why there has been such a lengthy delay in case processing.

What Possible Outcomes Could Result from the Litigation Delay Process?

In the best-case scenario, the act of filing a writ of mandamus alone is enough to spur action on a delayed immigration case. In other situations, one or two steps in the application process may simply need to be repeated, or the applicant may just need to provide a bit more information so their application can be fully processed. It is generally rare for a writ of mandamus case to be rejected outright, although it is a possibility that an immigration attorney could discuss in greater detail.

Regardless of how the San Diego immigration delay litigation process goes, it is important to understand that compelling a decision on an immigration application does not guarantee that the application will be accepted, just that a final verdict will be made. That being said, getting closure on a case one way or the other could at least allow an applicant to be proactive about their future immigration prospects instead of continuing to wait in limbo for months on end.

A San Diego Attorney Could Help with Litigation over Immigration Delays

If you have been waiting for a response to your immigration or naturalization application and you are considering taking legal action, you should make sure you understand what you are getting into first. A writ of mandamus case can involve a lot of paperwork and a lot of different federal agencies and judicial authorities, and you may have a hard time managing yours without professional guidance.

An experienced immigration attorney could guide you through every step of the San Diego immigration delay litigation process, working tirelessly to pursue a favorable outcome on your behalf. Call today to schedule your initial consultation.

Get in touch with
a HIL immigration attorney in
San Diego

Navigating the maze of U.S. immigration law can be tricky for anybody, especially if English is your second language or you have unique circumstances motivating you to move here. Fortunately, if you are unsure about any areas of immigration or the naturalization process, help through an immigration lawyer (San Diego) is available at the Hacking Immigration Law LLC.

Retaining one of our dedicated San Diego immigration lawyers could help you both with USCIS and other U.S. immigration authorities. To find out how immigration attorneys could help you with your specific case, call us today to schedule a consultation.
This site is protected by reCAPTCHA and the Google Privacy 
Policy and Terms of Service apply.

What They Say About Us

Our Lawyers Have Received Over 500 Google Reviews

Sriram Devanathan

im is a great attorney who always has his human side “ON”. The clients come first to him. When approached for time sensitive issues, he was readily available and was prompt. I have had to reach out to him for myself & have recommended him to others. He always welcomed everyone and gave patient hearing. And he would not mind recommending other attorneys’ if he feels that they would better serve that particular case. Even if it means one less client for him. That sums up who Jim is. Thank you Jim!

Justin Charboneau

Jim and his team are extremely knowledgeable individuals. It is great to have someone like this on your side. I have and will continue to recommend Hacking Law Practice, LLC to anyone who needs legal advice on immigration issues.

Bouchra Aanouz

This firm was amazing helping me with my husband’s case. Jim and his team were very responsive to all my questions and concerns. i wish I had consulted them earlier as my husband’s case was stuck in Administrative Processing for over a year and a half. Two months after I gave my case to Jim, my husband was granted his visa. Would definitely recommend them and already have recommended them to my friends.

As seen in

Got Questions? We’ve Got Answers

The attorneys at the Hacking Immigration Law are dedicated to helping the foreign-born people of St. Louis to live and work in the United States. This dedication is reflected in the kind and grateful words of the clients they have helped. Read what others have to say about the hard work that the Hacking Immigration Law has done to help those in St. Louis.

Does paying for premium processing on an H1B case mean I will find out sooner if our case was selected in the lottery?

Premium processing is an add-on service that USCIS offers for a variety of immigration cases, primarily in the employment-based visa categories.Premium processing costs an additional $1225 in USCIS filing fees.

What is the H-1B visa lottery and how does it work?

In 2014, USCIS received more than 172,000 H-1B visa applications on the April 1st deadline, exceeding Congress’s cap by 87,000 applications.

Can an Unmarried Son or Daughter of a Lawful Permanent Resident Keep Their F2B Visa Classification After Their Sponsoring Parent Naturalizes?

The immigration laws treat the adult, unmarried children of citizens differently than the adult, unmarried children of lawful permanent residents.

What is the "newspaper of general circulation" for PERM job postings?

The Department of Labor requires employers to advertise positions that they intend to submit a PERM application on to publish the job position in the local newspaper of general circulation.

Can I Apply for Citizenship with an Expired Green Card?

In the past, USCIS and some immigration attorneys believed that you could not become a naturalized citizen if you did not have a valid green card (LPR) card to bring with you to your naturalization interview.

Is there such a thing as expedited removal of an immigrant and, if so, what is it?

Most people believe that removal orders or “deportation” orders only happen when you go to the immigration court and see an immigration judge. Unfortunately, this is not the case.

Does testing positive for HIV make someone inadmissible to the United States?

On January 4, 2010, the United States officially removed Human Immunodeficiency Virus (HIV) infection from the list of “communicable diseases of public health significance” that make an individual ineligible for admission to the United States.

Are there any special visas for translators who assisted US forces in Afghanistan or Iraq?

Under United States immigration law, there are two Special Immigrant Visas available for Iraqi citizens or nationals who have worked for the United States.