Immigration delays are unfortunately common for many aspiring immigrants. The wait to receive an answer on a petition for immigration, or application for a visa, asylum, or naturalization, can seem interminable and put you and your family in a difficult situation.
In some cases, after inquiries and negotiations have failed, an immigration attorney may recommend litigating a case in an effort to expedite the process. The Bolingbrook immigration delay litigation process may differ depending on the circumstances of a case. Whatever your case may be, working with an attorney could help you obtain an answer from USCIS.
Types of Immigration Delay Litigation
Most cases involving delays on immigration action involve one of two types of lawsuits. Individuals who are waiting on an answer to a citizenship application and who have already completed their naturalization interview and testing have the option to bring a suit under 8 U.S.C. §1447(b). However, before the claim becomes ripe for adjudication, or before the applicant truly has the right to file a lawsuit, at least 120 days must have passed since the interview.
Another popular immigration delay litigation tactic in Bolingbrook involves requesting a writ of mandamus. Both of these claims are filed in federal court according to federal court procedures.
Mandamus relief and claims brought under 8 U.S.C. §1447(b) ask the court to order the immigration agency to take action and conclude a case. However, the federal court does not decide the merits of an immigration case, but instead compels U.S. Citizenship and Immigration Services (USICS) or another agency to stop stalling and issue a decision.
The Start of the Litigation Process
Although many people in Bolingbrook think of litigation as verbal argument in court, much of the litigation process involves paperwork and arguments set forth in print. To start the immigration delay litigation process, an attorney or other individual who understands how to comply with federal legal procedure drafts a complaint explaining the facts of the case. The complaint should describe the prior efforts made to obtain a decision on the case to show that the applicant is asking the court to intervene as a last resort.
After the complaint is filed in federal district court, the court issues a summons, which is a notice to the agency or agencies being sued. The person bringing the claim is responsible for serving the summons on the agency, and then the agency has 60 days to respond. During that 60-day period, a government attorney may contact the agency to determine whether it wants to fight the case in court or have the agency take action so that the court case becomes unnecessary.
Assistance with the Bolingbrook Immigration Delay Litigation Process
The goal of a writ mandamus is to prompt the agency to end the delay and take action on the case. Therefore, the pressure that results from filing a lawsuit can often accomplish the goal without the need to proceed to trial.
Every situation is different, so it is helpful to have an experienced immigration delay lawyer review your circumstances and explain the options and advisable actions. The Bolingbrook immigration delay litigation process often proves beneficial to applicants who have tried other approaches and failed to achieve results.