If you are fed up with immigration delays in Wheaton, you are not alone. Immigration lawyers frequently assist people who feel like their application for citizenship, petition for immigration, request for asylum, or green card application has fallen into a bottomless pit of bureaucracy. After other methods to resolve a delay have failed, many attorneys recommend litigation.
The Wheaton immigration delay litigation process will vary somewhat from case to case because each situation is unique. Moreover, the litigation process also differs from other types of court cases because the goal is not necessarily the same as in other litigation.
Before filing a lawsuit or officially beginning the immigration delay litigation process in Wheaton, it is necessary to collect information and make some decisions. If possible, it is extremely helpful to investigate to determine where the delay is occurring and the reason for the delay.
For instance, if an applicant for an immigrant visa knows that action on the application is delayed while waiting for results of an FBI background check, then it would make sense to include the FBI in the litigation. Because U.S. Citizenship and Immigration Services (USCIS) oversees so many immigration functions, the agency is often part of immigration delay litigation. The parent agency of USCIS, the Department of Homeland Security, may also be included.
The litigation process in Wheaton for addressing immigration delay generally begins with the filing of a complaint in federal district court. Drafting the complaint is one of the most important parts of litigation, even though it involves the written word rather than oral argument in court.
The complaint should clearly and completely explain the situation and articulate reasons why the court should grant the requested relief. Judges often make critical decisions based entirely on written submissions, so for the best chance of success, the complaint should be prepared by an experienced advocate with federal litigation experience.
After the court receives the complaint, it will issue a summons that must be delivered to the parties being sued. The summons notifies the agencies involved that they are required to respond to the lawsuit.
The lawsuit will be assigned to a lawyer from the U.S. Attorney’s office and that lawyer will usually check with the agency to learn about the case that has been delayed. The attorney may question the reason for the delay, and this can prompt the agency to look into the matter.
The agencies involved and the justice office need to determine whether to fight the case. Most of the time, immigration delay litigation focuses on a request to force the agency to take action on an application or other matter that has been unresolved for an unreasonable length of time. If the initiation of the lawsuit encourages the agency to review the application and issue a decision, the litigation accomplishes the objective even before the judge reviews the case.
When people file a lawsuit in an immigration delay case, they are not generally asking the court to overturn a decision made by one of the agencies working on an immigration case. Instead, the lawsuit is filed to get the court to order the agency to take action and make a decision on the case.
The Wheaton immigration delay litigation process can achieve the desired outcome long before a case comes to trial if the complaint encourages the agencies to investigate and resolve the delay. That makes immigration delay litigation different from many other judicial actions. For assistance with immigration delay litigation and to find out whether it makes sense in a particular situation, it is wise to talk to an experienced immigration lawyer.
