U.S. Citizenship and Immigration Services (USCIS) is infamous for taking multiple months, or even years, to process applications for green cards, U.S. citizenship, and other petitions from lawful immigrants. In the event an application is stuck in USCIS processing for so long that it constitutes an unreasonable delay, an applicant may have the right to take legal action in order to get a faster answer.
However, the immigration delay litigation process in Marietta is far from simple, and even a successful lawsuit or petition does not guarantee a positive verdict on the application in question. Working with a bilingual immigration attorney to address an unreasonable delay could give you peace of mind and move your application along.
There are two primary routes for taking legal action in response to an unreasonable delay in processing for a Marietta immigration application. Both of them are meant for a different point in application processing—namely, before or after an applicant attends their interview at a USCIS office, or a U.S. Embassy or Consulate.
If an application has been stuck at the same preliminary stage of processing for several months, it may be possible to seek a writ of mandamus from a federal court. This is effectively a court order meant to compel a government entity to execute their assigned duties more quickly and efficiently. It can be used to address unreasonable delays stemming from misplaced paperwork within USCIS or prolonged background checks within the FBI.
Once an immigration applicant completes their interview, USCIS must make a final binding decision on their application within 120 days. If USCIS fails to meet this deadline, 8 U.S. Code § 1447(b) grants applicants the right to file suit against USCIS for their unreasonable delay. A qualified immigration attorney could explain these options in more detail and identify whether a particular applicant may have grounds to utilize them in their situation.
The immigration delay litigation process in Marietta begins with an applicant’s legal counsel drafting a formal complaint that explains their grievances. It must include facts about how long they have been waiting and what grounds the applicant has for legal action. Usually, the complaint will also detail how the applicant has exhausted all other reasonable means of addressing their delay, like contacting USCIS directly or writing to their U.S. Congressperson.
Once a federal district court receives an applicant’s complaint, that court will issue a summons addressed to the relevant federal agency, and the complainant must deliver the summons to that agency notifying them of their claim. Upon receipt of this summons, the agency has up to 60 days to respond to the claim and decide to either comply with the claimant’s request or fight the complaint in federal court.
Litigating immigration delays can be a stressful and time-consuming process, especially if you are unsure of what is causing your application to be held up. However, a successful outcome could ensure you get much clearer information about your immigration status and allow you to move forward with your life regardless of what verdict you ultimately receive.
The immigration delay litigation process in Marietta could be much easier to handle with guidance from a seasoned immigration lawyer. Learn more by calling today.