Suing USCIS over Delayed or Denied Immigration Cases

Suing USCIS over Delayed or Denied Immigration Cases

When it comes to issues involving immigration, delays and denials from USCIS can be inconvenient to say the least. Sometimes such delays and denials can even lead to tragic results depending on the particular case. Moreover, these kinds of negative outcomes can make applicants doubt the fairness of the U.S. justice system. Thankfully, there are various resources that are set in place by law that applicants whose cases have been delayed or rejected can use. One such course of action applicants can use – as odd as it may sound – is to file a lawsuit against USCIS. Yes, you heard right. Some people have taken action against USCIS by suing the agency. So, is this a good idea? Let’s look at why you may wish to file a lawsuit against USCIS and what happens after you file a lawsuit against the Immigration Service for delaying or denying your case.

Reasons you may wish consider Suing USCIS

Suing USCIS is not as outlandish as it seems and it will not necessarily have a negative impact on your case. Many attorneys have sued USICS and some have successfully had their cases expedited as a result of their legal action. Still, there is no guarantee that suing USCIS will result in success but it is a course you should consider when all other legal avenues have been exhausted. Here are some reasons why you may wish to consider suing USCIS.

  1. The court will take another look at the initial filing you made and ask for the evidence that you submitted to USCIS.
  2. A lawsuit may be effective in getting movement on your case if it has been delayed for an unreasonable period of time.
  3. Your case gets more scrutiny and is taken more seriously by USCIS when they determine that you are willing to fight in open court.

What Happens after you File a Lawsuit against the Immigration Service?uscis

First, an attorney will draft your complaint and you would pay a filing fee. Currently, it is $400 for federal court. Afterwards, the court would issue a summons to the relevant agencies. Next, the defendants – in this case the government – will have 60 days to file their response to the complaint. Then, an Assistant US Attorney or Department of Justice attorney is chosen to defend the lawsuit. This attorney would then contact the agency to learn the specifics of the case and determine if they wish to proceed.

We can make an assessment of your case during your free consultation with our attorneys. We handle immigration rights in Los Angeles and can tell you what the best course of action is for your case. As an immigration attorney in Van Nuys, we can guarantee that we will find the best solution for your particular set of circumstances.

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