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delay

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? ImmigrationImmigration 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…
February 26, 2021
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? 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…
February 10, 2021
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? 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…
October 9, 2020
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USCIS Ombudsman Annual Report Confirms Continued Processing Delays and Emphasizes Anti-Fraud Initiatives 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…
June 29, 2018
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