Deportation
Defense
Lawsuits
for Government Delays
Other
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In some
instances, individuals may feel compelled
to seek judicial remedies in the
face of excessive delays with their
immigration case. Typically, these
instances involve cases where U.S.
Citizenship and Immigration Services
delays the adjudication of I-485
(Applications to Register Permanent
Residence or Adjust Status), N-400
(Naturalization Applications), or
I-589 (Applications for Asylum and
Withholding of Removal) while criminal
and national security background
checks are conducted. We can
assist with federal litigation of
these matters in one of two ways:
1. Mandamus
Where appropriate, we can assist
with the preparation and filing
of a writ of mandamus in federal
court compelling the government
to take action on the long-standing
application. A mandamus action
may be a relatively simple and
quick remedy in situations where
the government has failed to
act when it has a duty to do
so. It may be possible to compel
the government to adjudicate
naturalization applications,
visa petitions and applications
for adjustment of status. In
some cases, however, it is important
to note that the government is
likely to oppose the individual's
claim and some courts may be
reluctant to compel agency action. Depending
on the facts of the case, we
can advise regarding the most
appropriate strategy.
2. Naturalization Delay Filing
In the case of delayed citizenship
applications, immigration law
provides for judicial review
of a stalled naturalization petition
if the application is pending
for more than 120 days after
the date on which the examination
is conducted. In this regard,
our firm can assist with the
preparation and filing of a lawsuit
under 8 U.S.C. § 1447(b)
for cases that meet this criteria.
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