For various reasons, long delays between the date someone submits an immigration application and the date USCIS provides a final decision on that application are all but expected as part of this process. However, there are situations where delays persist for such a long time that the only effective course of action left to take is submitting a claim against the federal government.
Depending on your unique circumstances, the immigration delay litigation process in Washington DC may target one or more different parties and proceed in a few different ways. A knowledgeable immigration attorney could offer irreplaceable guidance and support throughout these legal proceedings, working tenaciously to achieve a favorable resolution on your behalf.
While USCIS is the federal agency with primary responsibility for reviewing immigration applications, a number of other agencies participate in this process as well. For example, USCIS often sends information from applications to the National Visa Center for additional review, and the Federal Bureau of Information must conduct a background check on all applicants seeking to lawfully enter the U.S. on a residential basis.
Unfortunately, this means that tracking down the exact source of an unreasonable immigration delay for the purposes of starting the litigation process in Washington DC can often be a complicated endeavor. Assistance from dedicated legal counsel is essential to determining who or which agency is to blame for a delay and taking appropriate legal action against them after all other options for resolving the delay have failed.
If an immigration applicant has received no response from USCIS or their application has not advanced through processing for several successive months, they may file a “writ of mandamus” lawsuit against USCIS or other agencies responsible for the delay. Upon receiving such a lawsuit and confirming that it presents “compelling circumstances” for legal action, a federal court will grant the defendant agency 60 days to respond, and the Assistant U.S. Attorney who defends that agency from litigation will inquire about the delay as well. A positive outcome from this type of claim means a federal court order compelling the defendant agency to complete their assigned duties in a timely fashion.
Alternatively, if an applicant has already completed the interview and testing stages, USCIS has 120 days at most under federal law to pass down a final verdict on that applicant’s petition. After that deadline passes, the applicant may seek a hearing before a federal District Court and ask that court to render a final decision on their application. The court may then approve the petition, remand it back to USCIS with instructions to expedite final processing, or reject it for cause. An attorney in Washington DC could help an immigrant with the litigation process if their application is experiencing an unreasonable delay.
Litigation against the federal government is never a simple matter, even if you have valid grounds to do so. Fortunately, a seasoned attorney at Hacking Immigration Law, LLC could work with you to simplify these dense legal procedures and maximize your chances of a positive resolution.
The immigration delay litigation process in Washington DC can be made a lot easier with capable legal representation by your side. Call today to learn more.