Many people in Wheaton wonder if they should talk to a lawyer if they have experienced unreasonable delays in receiving a green card denoting their status as a lawful permanent resident of the U.S. Sharing your concerns with an experienced immigration attorney can prove beneficial in many ways.
A lawyer could help fight an unreasonable delay for Green Cards/LPR in Wheaton. It may be possible to negotiate a solution or resolve a problem. An immigration lawyer could also file a lawsuit to compel an immigration agency to take action.
Litigation Regarding Green Card Delays
The federal courts provide a remedy when federal agencies take too long to act on a case in their hands. A green card/LPR delay in Wheaton is understandably frustrating. Fortunately, a lawyer could help file a writ of mandamus action to obtain relief from administrative delays.
In this type of case, the person filing the claim is not asking the court to rule on the immigration petition or immigrant visa application. Instead, through this action the person suffering from the delay asks the court to compel the agencies to move forward with the case and end the delay.
The case starts with the filing of a legal complaint in federal district court. The court then issues a summons to the agencies named in the complaint. When the agency or agencies discuss the case with a federal attorney, those attorneys may launch into a review and start to resolve the issue right then. If not, the court can compel them to act.
Investigating Green Card/LPR Delays
Before filing a writ of mandamus action, a green card applicant would be wise to exhaust all administrative means of resolving the delay. Often, courts will decline to act if there are other remedies available.
A Wheaton LPR delay lawyer could investigate to locate the delay and seek a resolution. For instance, if the delay is due to an error or incomplete data, the attorney could provide correct documents. If it is not possible to negotiate a move forward, at the very least, the investigation into the delay enables the parties involved to determine which agencies should be included in a writ of mandamus lawsuit.
Determining Whether a Delay is Due to Backlog
The increase in delays in the processing of all immigration applications is becoming legendary, although processing times may have actually decreased in a few rare instances. When a delay is due to nothing more than administrative overload, there may be little that can be done to speed the process.
However, it is not possible to know whether a delay is the result of unavoidable backlog without researching the issue. If a delay is caused by incomplete information or lost paperwork, it is wise to learn about the problem as soon as possible so it can be resolved.
Consult a Wheaton Unreasonable Delay for Green Cards/LPR Attorney
An immigration attorney who is familiar with the process of obtaining visas, filing immigration petitions, and resolving green card delays can investigate a situation to determine whether there are actions that can reduce or end a delay. Immigration delays can be costly and cause problems with family, employment, and living situations.
If you have experienced an unreasonable delay for Green Cards/LPR in Wheaton, call now. Advice and advocacy from an experienced legal counselor could break the deadlock and help you obtain your green card.