Click here to see how our firm is preparing for COVID-19

Immigration Lawyer
Washington DC

Immigration Lawyer of Washington DC

Spread the love

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.

Who Could Be Responsible for Immigration Delays?

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.

Options for Addressing Immigration Delays Through Litigation

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.

Contact a Washington DC Attorney for Help with the Immigration Delay Litigation Process

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.

Get in touch with
a HIL immigration attorney in
Washington DC

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 (Washington DC) is available at the Hacking Immigration Law LLC.

Retaining one of our dedicated Washington DC 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.

"*" indicates required fields

How Can We Help
This field is for validation purposes and should be left unchanged.
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.
READ MORE

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.
READ MORE

May an unmarried son or daughter of a lawful permanent resident keep their F2B 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.
READ MORE

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.
READ MORE

Can I Apply for Citizenship if I Lost My Green Card or It Expired?

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.
READ MORE

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.
READ MORE

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.
READ MORE

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.
READ MORE