delay | Scott Legal, P.C.

COVID-19 E-2 Visa Immigration Investor Visas

Are Consulates Issuing E-2 Visas or are they Paused for Covid-19?

In light of the consular uncertainty and delays caused by the Covid-19 pandemic, a common question we receive is whether consulates are again processing E-2 visas. Fortunately, the answer is yes -- consulates have generally returned to processing E-2 visas,…

Khadija DerrickMarch 12, 2021

Immigration Immigration Litigation

I have written a mandamus complaint in response to the government’s unreasonable delay in deciding my immigration petition. What happens now? How is the government likely to respond?

As discussed in an earlier blog post, one option to respond to the government’s unreasonable delay on adjudicating an immigration petition is to sue them through a mandamus action. The first step in doing so is to file a complaint…

Jenny ZhanFebruary 26, 2021

Immigration

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

In spite of a doctrine in immigration law that courts do not review consular officers’ immigration decisions, courts are able and willing to compel consulates to make a decision when they have failed to. As a result, you can sue…

Vojo VrchakovskiFebruary 10, 2021

Immigration Immigration Litigation

I am still waiting for the government to decide my immigration petition, can I sue?

When the government has unreasonably delayed a decision on an immigration petition, one option to force the government to act is to sue. The specific name for this legal action is a “mandamus.” You can read more about mandamus actions…

Jenny ZhanFebruary 8, 2021

Immigration

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

Yes, when the government has unreasonably delayed a decision on an immigration petition, you can sue to force the government to act. The specific name for this legal action is a mandamus. What is a “mandamus” action? Mandamus is a…

Jenny ZhanOctober 9, 2020

News

USCIS’ Planned Furlough of Employees Delayed Until August 31

USCIS announced on Friday that it has delayed it planned furlough of 70% of its employees for another month until August 31. USCIS wants to give Congress more time to act on the agency’s $1.2 billion emergency funding request. Since…

Jenny ZhanJuly 28, 2020

COVID-19

FY 2021 Diversity Visa Lottery Results Delayed Until June 6

The U.S. State Department has announced today that it has postponed the diversity visa lottery result date from May 5, 2020 to June 5, 2020. The State Department has also announced that this delay will not impact the process of…

Jenny ZhanApril 28, 2020

COVID-19

Coronavirus Update: FY 2021 H-1B Cap Petition Processing Will be Delayed Due to the Coronavirus

USCIS has announced on April 13 that due to the Coronavirus outbreak and for health and safety reasons, they will not begin to perform intake processing on selected FY 2021 H-1B cap cases until May 1, 2020. Only applicants who…

Jenny ZhanApril 14, 2020

News

USCIS Ombudsman Annual Report Confirms Continued Processing Delays and Emphasizes Anti-Fraud Initiatives

In the Annual Report to Congress, USCIS Ombudsman Julie Kirchner has addressed several anti-fraud initiatives that have caused delays and longer processing times for many applications. The Ombudsman’s office is an independent office created by Congress to recommend improvements for…

Jenny ZhanJune 29, 2018

Immigration News

U.S. Embassy in Ankara Resumes Limited Visa Processing Services in Turkey

The U.S. Embassy in Ankara, Turkey announced that it is resuming limited visa processing services of nonimmigrant visas at U.S. Consular posts in Turkey. The decision comes after the suspension of all nonimmigrant visa services in Turkey due to the…

Jenny ZhanDecember 11, 2017

Immigration Investor Visas

Implementation of the International Entrepreneur Rule has been Delayed

On Tuesday, July 11, 2017, the Department of Homeland Security’s U.S. Citizenship & Immigration Services announced that it was delaying the effective date of the International Entrepreneur Rule until March 14, 2018 to give the government time to get comments…

IanScottJuly 15, 2017