The immigration process often takes time. You have to attend U.S Citizenship and Immigration Services (USCIS) interviews, take language and civics tests, submit necessary documentation, and undergo background checks, among other things. While there are valid reasons for the somewhat prolonged process, the USCIS tries to decide each case within a certain timeframe.
Unfortunately, even with time-bound measures in place, some immigration cases take longer than they should. If you find yourself in this situation, you should familiarize yourself with the immigration delay litigation process in Union City. You may have the option of filing an immigration delay lawsuit against the USCIS in a federal court of law. An immigration delays attorney from the Law Offices of Lloyd E. Bennett, Esq. P.C. can help you explore your legal options.
You may feel that you cannot move on with your life while waiting to receive a decision about your immigration status. Silence from the USCIS makes it even more stressful.
Knowing the possible reasons for the delay will help you cope and make the process feel less tedious. You deserve to know why your case is taking so long. The most common reasons include:
USCIS may also delay an immigration decision if there is a genuine national security concern regarding your application. In extremely rare cases, the delay may be due to institutional prejudice based on the government’s body language or new policies. An immigration attorney from our firm in Union City can help determine the cause of the delay and start the litigation process on your behalf.
One of your available options if you are dealing with prolonged USCIS immigration delays is to file a Section 1447(b) lawsuit as part of the litigation process in Union City. This particularly applies to naturalization and if you are a citizenship candidate who has waited for a very long time post-naturalization interview and have not heard back.
The Immigration and Nationality Act, guided by 8 U.S.C. § 1447(b), mandates the USCIS to provide and communicate a decision within 120 days. Failure to do so means that you can seek relief by filing a Section 1447(b) lawsuit in a federal district court.
There are usually two outcomes to this action. The first and most likely is a court-mandated instruction to the USCIS to make their decision within 30–90 days. The second is the judge ruling on the case and essentially taking away power from the USCIS. In rare instances, judges have been known to administer the Oath of Allegiance to the applicant in court, essentially making them a citizen.
A mandamus action only becomes necessary after all other avenues of inquiry into the reason for USCIS’s delay have been exhausted. The specific basis for filing a writ of mandamus is if there has been an unreasonably prolonged delay in the USCIS inviting you for an interview.
The goal of initiating this action is to compel the USCIS to either interview you or reach a decision on your immigration application. A Union City lawyer from our firm can help you understand all aspects of the immigration delay litigation process.
Immigration application delays are frustrating and can adversely affect your rights and protections. To expedite action, an immigration lawyer at the Law Offices of Lloyd Bennett. Esq, P.C. can help you explore your legal options, including filing a lawsuit. Contact us today to discuss your case and start the immigration delay litigation process in Union City.
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