Tag: USCIS

What Happens if I Need to Cancel My Immigration Interview

What should I do if I have an emergency and need to cancel my immigration interview?

Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri.

We had an interesting and somewhat sad situation come up at our office recently and I thought I’d make a video about it so I could explain it to everyone. In this situation, we have a client who has applied for a green card based on her marriage to a US citizen, and as it turns out, this client has been waiting a very long time for her interview, over a year. The St. Louis office has been behind on spouse cases. This Canadian client has been waiting a really long time for her interview. Her interview is set for today, actually. She called me last week and she told me, very sadly, that her dad is dying. He’s in the process of passing away and only has a few more days to live. It was sort of touch and go over the weekend. We were wondering whether or not she was going to be able to actually come to the interview. Obviously when a situation like that arises, you have sort of more important concerns than the green card, but at the same time you have been waiting a long time.

The question comes up, what do I do when I have an emergency and want to cancel my appointment? Now this is, frankly, one of the benefits of working with an immigration attorney because if my client had had to leave suddenly over the weekend and was not going to be able to attend her interview, I would have gone down there myself and explained it to the officer, exactly what had transpired and they would have, most likely, rescheduled it.

What if you don’t have an attorney? Well, in those situations I think you have to do everything you can to notify the office that you won’t be there. Now they don’t have a regular telephone number. You can’t call the local office in most situations. You might want to have someone else from your family go down and explain it to them. This is probably not preferred by immigration service, but I think you really want to document what efforts you made to let them know that the appointment would not be made. At the very least, I would try to make an InfoPass appointment before I left, if possible, to go down there and alert them that you’re not going to be there.

Generally in our experience, if you miss an appointment, they usually reschedule it once as a courtesy. That doesn’t mean that they have to though, so you can’t rely on that. I think you really have to do everything you can to notify them somehow. Either before the interview, hopefully, or even on the day of the interview or after the interview, why you missed. You might want to submit documentation as to why you had to leave. With a sick father, it would be hospital records or a dying father, their death certificate. These kinds of things.

You don’t want to leave things dangling in the wind. You want to make sure that if you can, that you convey to them that you did everything you could to be at the interview, but that you just weren’t able to make it because of this family emergency. Then you want to make sure that you do everything in writing. That you back it up, that you keep notes. If you go down and talk to someone at the immigration office, that you write down their name, the date, the time that you came. Or the people that went for you, what information they were able to get.

Most importantly you want to document it. You also probably want to follow it up with a cover letter explaining why you missed it. At this point, if you’re not working with an attorney, you probably should get an attorney involved so that they can reach out. Maybe they have contacts at the local office that they can sort of get things back on track. You could also make an InfoPass appointment for when you come back and explain to the officer at the window what happened and why you missed.

We hope this answers the question of what you need to do if you have an emergency on a immigration interview. If you have more questions, feel free to email us at info@hackinglawpractice.com. Or you can call us at (314) 961-8200. If you like this video, please be sure to click like and sign up as a subscriber as you get updates for all of our future videos.

 

USCIS to Renew Premium Processing for FY 2018 H1B Visas

 

U.S. Citizenship and Immigration Services (USCIS) announced on Monday that it would resume premium processing for all H1B visa petitions covered by the Fiscal Year year (FY) 2018 cap. Congress limits the number of H1B visas each year to 65,000 for all U.S. employers, except for institutions of higher learning and affiliated research facilities.  USCIS will also now accept requests for premium processing for the 20,000 additional H1B visas available to individuals who have a masters’ or higher degree from an American college or university.

Premium processing currently costs $1,225.  Employers who use premium processing are promised to have a decision for the I-129 Petition for an Alien Worker within 15 working days.  If the 15- calendar day processing time is not met, the agency promises to refund the petitioner’s premium processing service fee and continue with the “faster” processing of the application.

Earlier this year, USCIS suspended the use of the premium processing program immediately before most employers filed their H1Bs before the April 1, 2018 deadline.  This has led to long delays in the processing of this year’s cap-subject H1Bs.

H1B visas are limited to individuals who work in specialty occupations.  These visas are not available for every job in America, but only a limited category of specialty jobs such as accountant, software developer, physician, etc.

Because the federal fiscal year starts on October 1 each year, the start date of the approved H1B visas is typically October 1 and they last approximately three years.  Federal law allows employers to file six months early, i.e., April 1.

Since Congress has limited the number of available H1B visas every year to 65,000, plus the additional 20,000 for individuals with higher degrees, USCIS typically conducts a lottery each year.  Some applications are accepted, many are not.

Those applications which were not selected have already been returned.  USCIS continues to adjudicate many of the visa applications submitted back on April 1st.  Employers who have H1B applications that remain undecided will have to figure out if it makes sense for them to pay for premium processing at this late date.

One final note: H1B premium processing remains unavailable for extensions of the H1B visa, as well as “transfers” for H1B employees from one job to another.

When should I consider withdrawing my immigration case at USCIS?

Every now and then, people come to see us at the office, and they have a case that is completely messed up. These are usually cases that they have filed pro se, which means they filed them without an attorney, and their case has gotten a bit more complicated, and we have to start considering the option of withdrawing a case.

Now, you never really want to withdraw a case because obviously you’ve paid your filing fees, and when you withdraw the case, you do lose your filing fees. You also might have a lot of time invested in the processing of your case, and you might’ve done a lot of work to get it as far as you did, but in certain circumstances, it is a really good idea to go ahead and withdraw the case.

What are some examples of this? Well, one time somebody came to see us, and after he had filed his citizenship application, he had gotten arrested, and his criminal charges were pending. It looked like we were not going to be able to get the criminal case disposed of before the citizenship interview, so we went ahead and withdrew the case.

We had another situation where a young couple came to see us, and they had gotten their case so complicated, and there were so many bad facts in the case that we decided to withdraw that case as well, and the clients agreed.

What happened in that situation is that the couple had been fighting off and on over time, and there was a family member who was not happy about the marriage. That family member had gone down to immigration and reported them as having these marital problems, and we were worried that if we went ahead with the interview with everything just as it was, it’d really put us in a bad light, and the case would probably be denied because there are things worse than a denial because you can be caught with a fraud or a misrepresentation allegation, and that’s even worse than just having your case denied.
It’s relatively easy to withdraw a case. In most situations, USCIS is glad to close the file and move on to the next case. All you have to do is send a letter with your case numbers on there and reference the fact that you want to withdraw the case. They’re generally pretty willing to do that. They’ll do it all the way up until the interview. What you don’t want to do is make them do all this extra work and then try to withdraw it.

Now, USCIS is not required to allow you to withdraw the case. We have had a few situations where we tried to withdraw a case, and immigration service did not allow us to do that, so it’s a good idea if you’re thinking about withdrawing the case or if you think that there’s something wrong with your case that you want to make sure that you go talk to a competent immigration attorney. You want to see a good immigration lawyer and make sure that everything gets squared away properly and that you’re getting good advice as to whether or not you want to withdraw the case.

It’s not something you’re going to do in every case, but it is an option, and sometimes discretion is the better part of valor. That’s an old expression, and what it means is that sometimes you want to be able to live and fight another day. You want to have another chance, and so in a lot of these cases that we’ve withdrawn, we’ve re-prepared them, we’ve gone over the facts and done things a little bit differently than the people did without an attorney, and we’ve been able to get those cases approved.

If you have any questions about your case or if you’re wondering, “Is there something wrong about my case that would make me want to withdraw it,” feel free to give us a call.

The other thing that this points out is the fact that you really want to have a good representation from the beginning because a lot of these mistakes were things that were done by the couple because they didn’t have an attorney, so this whole problem of having to potentially withdraw a case highlights the fact that it’s really important to have good immigration counsel right from the beginning.

If you have any questions, like I said, give us a call, 314-961-8200, or you can email us at info@hackinglawpractice.com.

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Thanks a lot. Have a great day.

What is Extreme Vetting

What is extreme vetting and how is it going to affect my immigration case?

Hi, I’m Jim Hacking, immigration lawyer, practicing law throughout the United States out of our office here in St. Louis, Missouri.

With the election of President Donald Trump, he threw around the phrase “extreme vetting” in the immigration context. We’ve had a lot of clients ask us what does extreme vetting mean and how is it going to impact my case? We thought we’d shoot this short video to discuss it.

One thing you need to know about the immigration process, I think we can all agree it takes a very long time, that when you’re dealing with agencies like U.S. Citizenship and Immigration Services, the Department of State, Customs and Border Patrol, that there are a lot of steps for the process and no one would ever accuse the Federal Government of moving quickly on immigration cases. This is cases that take place within the United States, like adjustment of status or citizenship and also involves cases overseas where a U.S. citizen or an employer is trying to bring over a foreign national to come to the United States and have to go through the State Department and the Embassy. No one would ever say that these cases go by lickety-split, in fact, they take a very long time. The reason that they take a very is because the government is already doing an extreme amount of vetting.

Just in the last five years, we’ve seen forms balloon in size. For instance, the application to adjust status used to be six pages long. It is currently 20 pages long and growing. The same for citizenship, citizenship used to be just a few pages long, and now it is many, many pages. In the spouse visa context, we use an I-130. That form used to be two pages and now it is not two pages, but it’s much longer. It actually involves two different forms, one for the spouse, who is a U.S. citizen and one for the overseas spouse. The federal government knows how to make things grow and especially when it comes to forms and making things more complex.

Add to all this, President Trump claiming that he wanted to increase vetting to cause extreme vetting to occur when someone applies for an immigration benefit. We’ve already seen the results of this as these forms are slowly implemented. Things are slowing down at the Immigration Service. Things are slowing down at the State Department. We have cases that use to take four or five months that now take eight or nine months and they’re really being nitpicky and they’re coming up with ways to slow things down. We think that the Trump Administration has brought in experts in Immigration Law and they’ve come up in ways that are pretty devious and pretty creative to really make it harder for you to bring your loved one to the Untied States, to keep your loved one in the United States, to help them get lawful status, to help them get citizenship and we’re really seeing the consequences of this with the delays.

The other thing is that when you have an agency that’s own heightened alert like this and that wants to make things harder for everybody that we’re really seeing that denials are increasing, frustration is increasing. We’re getting a lot of people who come to see us having filed for themselves and they screwed up their case. We do what we can to help them, but this is a new era. The Trump Administration has brought a new sense of scrutiny to the Immigration Service with a harsh anti-immigrant rhetoric. The people that work at the Immigration Office seem to have slowed things down and we’re really seeing clients that are frustrated.

If you need help with this, if you’re wondering how is extreme vetting going to hurt my case or slow down my case? How could I do things to make things better, how can I increase the chances of success? How can I make sure that I do everything possible to speed my case along? You’re probably going to need to talk to an experienced immigration attorney. You’re probably going to need help. It’s a new day. It’s a new time. There’s a new President and he has made immigration one of his focus issues. He has decided to have his Administration do what they can to slow things down, especially for people from particular countries, from the Middle East, from predominantly Muslim countries. These cases are going to take a lot longer, a lot harder.

We see this too in the asylum context, that it’s going to be a lot harder and a lot longer to get asylum. The Immigration Courts are backlogged, everything’s slowing down and that is by design. The Trump Administration wants to slow down immigration to the United States. They want to make it harder for people to come here and stay here. We’ll do what we can to fight for you to help you, to help smooth line the process, to help you not have to worry so much.

We hope you liked this video. Be sure to give us a call if you need some help. (314) 961-8200 or you can email us at info@hackinglawpractice.com. If you liked this video, be sure to click “Like” below to share it with your friends and to subscribe to our YouTube and Facebook channels, so that you get updated whenever we shoot a video like this.

Thanks a lot. Have a great day.

USCIS surprised by Donald Trump’s Muslim Ban

Donald Trump promised early on in his campaign to ban Muslims from entering the United States.  A week into President Trump’s term he signed an executive order that banned travel from many Muslim-majority countries.  Airport immigration checkpoints became complete chaos, people being turned away, held in detention centers, or not allowed to board flights home.

Recently released emails show that US Citizenship and Immigration Service, the agency tasked with processing immigration cases, was unaware that there was going to be a policy change, thus the USCIS staff was unprepared to handle the wide-ranging order.  Trump signed the ban on January 27, 2017.

Hours before, Andrew J. Davidson, a senior member of the Fraud Detection and National Security Directorate at USCIS wrote to colleagues that he needed “immediate clarification” in the section of the order that barred people from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen from entering the US.  Donald W. Neufeld, who oversees the facilities that process USCIS application forms, needed “clarity” on which forms would be suspended.

An email on Saturday, January 28, the following morning after the ban was signed, from Daniel Renaud, the associate director of USCIS field operations told dozens of USCIS employees that “until additional guidance is received, you may not take final action on any petition or application where the applicant is a citizen or national” of the seven countries listed above.  Immigrants in the US who had waited years to become citizens were told that their oath ceremony was cancelled.

Later that same night, the temporary head of USCIS’s policy and strategy office, wrote on email asking if there was a nationwide stay of the refugee Executive Order because he saw a post on Twitter.

Sunday afternoon, Renaud explained to Field Offices that they can rule on N-400 and N-600 applications,applications for citizenship, and give oath ceremonies to approved candidates.

For more information, click here.

Why Is My Asylum Case Taking So Long?

Why is my asylum case taking so long?

Hi, I’m Jim Hacking, immigration lawyer, practicing law throughout the United States at our office in St. Louis, Missouri. We’ve been getting a lot of calls lately from people who have filed for asylum in the United States or seeking refuge here in the U.S. and they’re wondering, “Why in the heck is my case taking so long?” They’re a lot of factors to this question and it definitely is worth shooting a video to discuss.

As we shoot this video here in 2017, it’s important to keep in mind that the number of asylum applications has skyrocketed over the last few years. We had the so-called mother and children surge across the southern borders back in ’15 and ’16 where a number of women and children were fleeing violence in places like Guatemala, Honduras, Nicaragua, El Salvador, and they had made their way through Mexico to the United States, and that has required a lot of work by asylum officers, and that has stretched an office that is already stretched to the breaking point even further.

The fact is that we do not have enough resources dedicated to adjudicating asylum applications in a timely manner. What does that mean in plain English? It means that the government doesn’t have enough money to process these cases properly and in an efficient manner. Another reason the cases are taking so long is because for many applicants, it’s simply impossible for the government to do what they consider to be proper background checks, and they’re really falling behind in processing these cases.

Asylum applicants from predominantly Muslim countries are seeing their cases take three, four or five years to be adjudicated, and one of the main reasons is is that places like Syria and Iraq, they are not good records that are still available and that prevents the asylum officers from doing their job and determining whether or not the person seeking asylum in the United States is a security risk or not.

Instead of deciding the cases, they’re simply sitting on the cases. We have seen these cases drag on and on. The people are having to apply for work authorizations over and over, and there’s really not any sense of urgency on the part of the asylum offices to get these cases adjudicated. Really in our office the only ones that we’ve seen get adjudicated are cases where the applicants are very old or it’s a female applicant, but basically men from Muslim countries who are seeking asylum are seeing their cases take a very, very long time to adjudicate.

What are the things that we can do to try to move those things along? Really there’s not that much to do. You can send letters. You can contact the asylum office. If you haven’t had your interview, you can ask for an expedited interview or to take a slot from someone whose asylum interview gets postponed because the applicant can’t attend. You can get on the short list and try to attend the interview on short notice.

This carries with it its own risk because you have to be ready to go on basically a moment’s notice, to go and plead your case as to why you think you need asylum in the United States. Short of that, really the only other thing that works is filing a lawsuit against the immigration service, against the asylum office, but because of the great discretion that asylum officers have in deciding these cases, we’ve been very reluctant to file lawsuits on these cases. I think federal judges are going to give the asylum office a lot more leeway then they might in other cases now.

Delays of three, four or five years might be on their very face unreasonable and that might allow a lawsuit to proceed. We’ve had some success with asylum lawsuits. We have another one pending now. We’ve had another one where a guy was waiting for four years. We filed suit, and we got him his asylum approved after two long interviews. For the most part, when you’re applying for asylum, you’re basically asking for a very generous gift from the United States government and they frankly have a lot of leeway in who they give it to. We can complain all we want about these case taking too long, but really there’s not that much leverage short of a lawsuit that lawyers or asylum applicants have.

If you have any questions about why your asylum case is taking too long, or if you’re thinking about applying for asylum and you have questions, be sure to give us a call at 314-961-8200. You can email us at info@hackinglawpractice.com.

If you liked this video, be sure to click on the like button below. Share it with your friends and family so they can find out about asylum as well, and make sure to subscribe to all of our channel on YouTube and Facebook. Join our Facebook group Immigrant Home so that you get updated as soon as we update all of our social media. Thanks a lot and have a great day.

 

 

Two Months After We Sue USCIS, Imtiaz Becomes a U.S. Citizen

Our office was hired earlier this year to file a mandamus lawsuit against USCIS and various other federal agencies because they were taking too long to decide a naturalization case filed by our client, Imtiaz.

His case was stuck at the Tampa field office of USCIS and he could not get any answers when he asked why his case had taken more than a year and a half to decide.

There was nothing unusual about his case.

No problems with the law.

No problems with immigration.

Imtiaz was a successful IT professional and a very nice fellow.

We filed suit on behalf of Imtiaz in the U.S. District Court for the District of Columbia on April 21, 2017.  The lawsuit asked a federal judge to compel USCIS to decide his case.  We also asked the judge to examine a previously-secret program known as the Controlled Application Review and Resolution Program (CARRP) and to determine whether the program was illegal.

We believed (and still believe) that USCIS was delaying Imtiaz’s case because of his religion and his country of origin.

Once we served each of the defendants with a copy of the complaint and two copies of the federal summonses, things started happening on Imtiaz’s long delayed case.

We were quickly contacted by the assistant U.S. Attorney who had to defend the lawsuit.  The AUSA informed us that Imtiaz would be scheduled for a naturalization interview immediately.

The interview was held on June 7, 2017 in Tampa.  Firm attorney Jim Hacking attended the interview which went very smoothly.

The supervisor who conducted the interview requested just a few pieces of additional evidence.  We provided all documentation requested to the Tampa field office the following day.

After a few more weeks of processing, Imtiaz’s case was approved and he was scheduled for his oath ceremony.  In Tampa, if you are not changing your name, you can be naturalized at the local USCIS office, which is what happened in Imtiaz’s case.

On June 27, 2017, Imtiaz was sworn in as a U.S. citizen.  From the time we filed suit until the time that he became a citizen, just a little over two months of time had gone by.

We are very happy for one of the newest U.S. citizens around.

 

 

Why You Should Never Send A Letter to USCIS

Is it ever a good idea to send a letter to USCIS?

Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri. We had a couple of situations lately where people came to us with screwed up immigration cases.

One of the main reasons their cases were screwed up, it was because they sent a letter to USCIS. Now, obviously, you can send USCIS general letters asking them questions about the status your case and things like that.

But the one time that you don’t want to send a letter to the USCIS is when they’ve asked you for more information or you’ve already had your interview. Generally speaking, if you’re in a situation where you’re having to write a letter to the USCIS to explain something, that tells me, it tells us, that the case is so complicated that you definitely need to have an attorney involved. If you are finding yourself thinking about, even just thinking about sending a letter to USCIS, you really, really, really should go first and talk to an experienced immigration attorney.

Let me tell you what happens. In this situation, a man had filed for an I-130 based on his marriage to a U.S. citizen. He had had an arrest for domestic violence. Although the charges were ultimately dropped because his wife decided to not press charges, USCIS found out about it and asked him about during his interview.

He was so distraught and upset after his interview that he thought it would be a good idea to write a letter trying to explain to USCIS why his case wasn’t that serious, why it wasn’t really abuse. When you read the letter, it just … Every paragraph got worse and worse. His English wasn’t fantastic, but more importantly, the substance of the letter was just terrible. He basically tried to justify why it was okay for him to have hit his wife in this one situation.

Now, obviously, if he’d gone to see an attorney, no attorney would ever let him send a letter like that. There’s absolutely no way that he could ever justify hitting a woman, specifically his wife, and there was no way that USCIS was going to say, “Oh! Thanks for the letter. Now we know that we should just go ahead and approve this case.” Now the guy’s in serious trouble, mostly because he went to his interview without an attorney, but more importantly, because he wrote this letter.

If you ever receive a request for evidence or a continuance of your immigration case and you’re being asked to provide additional documentation, that is generally a really good sign that you need help. You’re not going to be able to get this approved on your own. In fact, you’re probably just going to make matters worse.

You know, we’re plenty busy here. If you don’t hire us, that’s just fine. We’re making this video as a service to you to make sure that you reach out to somebody who knows what they’re doing, to somebody who deals with the immigration service every day, knows how to respond to request for evidence, knows how to write a letter that is persuasive and does not damage the case, and basically knows what they’re doing.

You might have gotten your case this far, but you’re now in a different league. You’re really going to have to make sure that you get help, because you can’t do it on your own. It’s a real good sign that things are in trouble when you’re at a point where you feel like you need to send them a letter.

If you have any questions about this, if you’re thinking about sending a letter to USCIS about your case, if you think that you’ve got it all figured out and then you’re going to go ahead and send this letter, we really encourage you not to do that. Instead, give us a call at 314-961-8200. Or you can email us at info@hackinglawpractice.com.

If you liked this video, please click Like below and make sure that you share it with your friends. Be sure to subscribe to all of our social media channels: YouTube, Facebook. We also have an immigration group on Facebook called Immigrant Home. We’d love to have you there. If you have any questions, give us a call.

Thanks a lot and have a good day.

 

Lawsuit Pays Off For Detroit Green Card Holder

This is our client, Bhavin.

Bhavin was born in India and came to the U.S. to study.

He is an engineer and works for Ford Motor Company. Bhavin lives near Detroit, Michigan.

Bhavin obtained lawful permanent resident status many years ago through his family.

In the summer of 2015, Bhavin filed an N-400 naturalization application with USCIS.

He underwent fingerprinting and biometrics at the Detroit USCIS Application Support Center.

Then he waited for his interview.

And waited. And waited. And waited some more.

He did everything that he could do to follow up with USCIS to see why his case had been delayed.

No one would give him a straight answer.

Bhavin went to InfoPass appointments at USCIS. That didn’t work.

Bhavin asked for members of Congress to help. That didn’t work, either.

Bhavin asked for the USCIS Ombudsman, who is supposed to be the consumer advocate at USCIS to intervene. Still that didn’t work.

Frustrated, Bhavin did not know what to do.

After waiting over 15 months and running out options, he took to the internet.

He found a forum on a website called Trackitt. This website allows people with similar problems to talk about them online and to post about possible solutions.

Bhavin found some references to a crazy immigration law firm in St. Louis that helps people whose immigration cases have been unfairly delayed.

He scheduled a Skype consultation with attorney Jim Hacking of our office.

Bhavin decided to sue USCIS after meeting with Mr. Hacking.

That was six weeks ago.

Today, Bhavin had his naturalization interview at the Detroit field office of USCIS.

The interview lasted about 30 minutes. Mr. Hacking flew in from St. Louis for the interview.

Everything went well and Bhavin was approved on the spot.

His oath ceremony is scheduled for one week from now.

Congratulations, Bhavin!

What Happens After You File a Lawsuit Against USCIS

What happens after you file a law suit against the Immigration Service for delaying your case? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri.

We get this question a lot. A lot of people are sometimes on the fence about whether or not to sue USCIS, and the FBI, and other agencies regarding delays in their immigration cases, and we wanted to shoot this video to explain to you what happens, what the process is like.

In our office, we have filed probably 60 or 70 of these cases at the present time, and we have a pretty good system for getting them out. What we do is we craft the complaint to set out the facts of your case to explain why your immigration case has been taking so long, and, most importantly, all the efforts that you’ve made to try to get the case decided without filing a law suit. We list those kinds of things that people do, like file info pass appointments, calling their Congress person or their Senator, calling the USCIS ombudsman, all the different things that you can do to try to make your case go faster. Usually those don’t work and they’re left with having to decide whether or not to file a law suit.

We draft the complaint, because you want the court to know that you’ve made good efforts to try to get your case decided. Some people wonder, “How long is a wait too long? When should I start thinking about filing a law suit,” and we generally recommend that you don’t file a Mandamas Action or a delay action under the Administrative Procedures Act until about a year has gone by. It usually takes us a couple days to put the law suit together, and then we file it in federal court.

The filing fee in federal court right now is $400. That’s always subject to change, but it’s $400 to get the law suit on file, and after we file the law suit, we file it electronically, and the good thing about federal law is that we can generally file it anywhere around the country, but lately we’ve been filing them in Washington, DC. The DC court has more experience in handling these cases. The US Attorneys up there are more easy to deal with, easier to deal with, and we generally have a good experience so far with the DC District Court.

After the law suit is on file, the court issues what are called summons, and a summons is a notice to a defendant that they’ve been sued. Typically in our cases, we sue the US Department of Homeland Security, US Citizenship and Immigration Services, the heads of those agencies as well as the head of the FBI, and the FBI itself for delays in processing mostly citizenship cases, but, also, green card and VISA type cases.

The defendants might change, depending on what kind of case we have, but the process after that is pretty much the same. After the court issues summons and have them signed by the clerk of court, we then attach that to the summons and a copy of the law suit, and we send it by certified mail to the defendants. It usually takes them about ten days or two weeks to get the law suits, and then, at that point, the defendants have 60 days to file their response. In most instances, the government does not respond much until towards the end of those 60 days.

If you serve them let’s say on March 1st, then you’re generally going to hear something from them about the end of April, and usually what they do is they tell you what their plan is, but that is what gets the ball rolling, because, at that point, there’s now an Assistant US Attorney or Department of Justice attorney who is going to have to defend that law suit, and typically what they do is they contact their people at USCIS and Homeland Security, and they figure out what’s going on with the case. They figure out if they want to fight or if they want to just proceed with the case. It usually involves them scheduling someone for an interview, and then the case is really underway.

That’s the process from start to finish, from the time that you hire us and we draft the complaint and we file the law suit, and then typically there’s then another interview or an original interview, and then the case is handled the same.

The law suits are really effective to getting movement on your cases. If you have a case that’s been delayed, if you want to know about how the process works and are thinking about getting started with suing Immigration Service yourself in federal court, make sure to give us a call at 314-961-8200. You can email us at info@HackingLawPractice.com.

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Thanks a lot. Have a great day.