Challenging Immigration Delays with a Writ of Mandamus
If the immigration service unreasonably delays making a decision in your case, you should consider the option of filing an action for writ of mandamus in federal district court. This type of lawsuit seeks to force the immigration authorities to make a decision on the case. For example, a person may file an action for a writ of mandamus if USCIS does not make a decision on an I-485 or I-751 for an unreasonable length of time. Mandamus also is appropriate for the lengthy delays that result in consular delays for visas to be issued. Board Certified Immigration Attorneys Maud Poudat and Suzanne E. Vazquez have filed writs of mandamus for the following types of cases: H-1b petition with USCIS (and then the visa issuance in Syria), K-1 fiancé visa in China, as well as many adjustment of status and naturalization cases. Suzanne will give you a fair assessment of your case so you are aware of the possible outcomes before you commit your hard-earned money.
You can also bring an action in Federal Court if the immigration authorities misapply the law in denying your case. This is done by seeking judicial review under the Administrative Procedure Act (APA). For example, a person might file a lawsuit under the APA to challenge the denial of an I-130 based on the alleged lack of a legal marriage.
N-400 (Naturalization) applicants for U.S. citizenship receive special rights to judicial review under section 336(b) of the Immigration and Nationality Act. Specifically, the U.S. District Court may take jurisdiction over a naturalization case and the federal court judge could decide it him or herself if USCIS fails to decide the application within 120 days after the examination. The court may also remand the case to USCIS with instructions to complete the case by a set deadline that the Immigration service will abide by!
Suzanne E. Vazquez and Maud Poudat have represented clients in these types of federal lawsuits before the U.S. District Court in Tampa, Orlando and Jacksonville, Florida.
Contact Our Board Certified Immigration Attorneys
If you are concerned about cost, talk to Suzanne Vazquez or with Maud Poudat before you decide whether to pursue your right to judicial review. Our fees are very reasonable. You may call us at (407) 674-6968 during office hours or fill out the online form located at the top of this page and we will contact you as soon as possible. If you have an emergency and need to talk to us, please call (407) 925-2554 and we will contact you shortly.
