Lawsuits Against the U.S. Immigration Service (USCIS) (2023)

FAQs

How many lawsuits against USCIS? ›

Indeed, in recent months, the number of these lawsuits has grown. A year ago, in July 2021, 387 such lawsuits were filed. By December 2021, that number grew to 466, and in May 2022, that number grew again to 647.

You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary documentation for these types of cases, visit our page on Lawsuits against the U.S. Immigration Service (USCIS).

The Case Process Against USCIS

A few days later, the Court opens the file and issues summonses. A summons is a notice for the defendants that they have been sued in federal court and have to respond. Once the suit is served on the defendants, they have 60 days to file a response.

The lawsuit seeks to hold the Biden Administration accountable for the increasing delays in processing unlawful presence waivers, which are a necessary step to become a Lawful Permanent Resident.

This view is far from the truth. Even if you are not a permanent resident, do not fall into the trap of assuming defeat is automatic. Yes, the reality is once served a Notice To Appear at immigration court, the odds of winning are far less than 50-50.

Writ of mandamus cases have a high success rate in that 99% of cases are processed and submitted faster and not contested in court. However, the success of the petition itself depends on the factors of the case itself, as a writ of mandamus forces USCIS to make a decision, and does not necessarily mean an approval.

Under the current Immigration & Nationality Act a complaint (a legal action) may be filed in the U.S. District Court if the USCIS has failed to issue a decision on the application for more than 120 days after the date of the interview or examination for naturalization.

Let's Get Started on Your Case Together

In short, yes. One can exercise their rights and legally sue USCIS. While this action is possible, it is rare. The process is very lengthy and complicated, therefore hiring a knowledgeable immigration attorney is important.

To report immigration irregularities or violations, please call the U.S. Immigration and Customs Enforcement (ICE) at 1-866-DHS-2-ICE to report suspicious activity.

Your Lawsuit Should Not Impact Your Immigration Status

However, it is a violation of ethical rules for an attorney, prosecutor, or other law enforcement official to threaten you based on your immigration status.

Does USCIS investigate? ›

A.

USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks. The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI).

Just because the government denies an immigration petition does not mean it was the right decision. In some cases, the denial was improper. But rather than start over with another application, applicants have the right to sue the government and challenge the denial.

The law says that if you had your citizenship interview and 120 days passed, you sue USCIS in federal court and ask a judge (who is appointed for life and who does not work for the immigration service) to decide whether or not you should be allowed to become a citizen.

AAO appellate review: The AAO strives to complete its appellate review within 180 days from the time it receives a complete case record after the initial field review. Some cases may take longer than 180 days due to factors beyond the AAO's control.

Contact An Immigration Lawyer And File A Lawsuit

The judge will weigh the evidence you present and determine if USCIS has exceeded a reasonable timeline in reviewing your application. This can be a useful way of forcing USCIS to act.

Immigration attorneys can help speed up your immigration case in a few different ways. The most obvious is by using their knowledge and experience to make the process go more smoothly and easily.

Immigration Judges determine whether you are subject to deportation and rule on applications for asylum, adjustment of status, cancellation of removal and various types of waivers. Which Immigration Courts are open during the pandemic?

If a U.S. Consulate or the USCIS have delayed your Green Card or Citizenship case for an unreasonable time, you can file a Writ of Mandamus in Federal District Court to force the U.S. Government to make a final decision.

As a best estimate, you should expect to pay to between $4,000 and $10,000, for legal fees in a writ of mandamus case. In addition, there will be court costs incurred in filing the immigration writ of mandamus action (generally $400 to $500).

Yes! These lawsuits are often successful because they put pressure on the government to take action on pending cases. By filing a mandamus lawsuit, you are sending a clear message that you will not just sit around and wait forever for a decision to be made on your case.

What are the conditions for mandamus to be granted? ›

A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and which despite demand in writing has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.

Yes, you have every right to correspond with the United States Citizenship & Immigration Service. Sometimes, USCIS asks you to send them additional information about your case.

Submit an online request or complete Form DHS-7001 (Case Assistance Form), found at www.dhs.gov/cisombudsman, to allow the Ombudsman to share your confidential information with USCIS. Other information or documentation you feel is important to your application or petition. Please do not send original documents.

How long will it take for a final Judgment after the Case is filed? Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time.

You can also complain to the Executive Office for Immigration Review for the U.S. Department of Justice, which handles complaints against immigration attorneys who are licensed in any state. Call 703-305-0470 to get a complaint form.

Abuse may include physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats. While most recorded incidents of domestic violence involve men abusing women or children, men can also be victims of domestic violence.

Lying to an immigration officer can have extreme consequences including permanent inadmissibility, deportability, and not being allowed to apply for U.S. citizenship. Any person seeking a benefit under U.S. immigration law—a visa, permanent residency (a "green card"), or citizenship—must submit a written application.

When a foreign national applies for adjustment of status during removal proceedings, the immigration judge receives and makes a decision on Form I-485, instead of USCIS. A judge may not evaluate an adjustment of status application in the same way that USCIS would evaluate it under normal circumstances.

Your name will be checked against various databases of known criminals or suspects, including the FBI's Universal Index, to check whether there is a match. This includes administrative, applicant, criminal, personnel, and other files compiled by law enforcement.

Can USCIS check case status? ›

You only have to access USCIS' Case Status Online directly through uscis.gov. The Case Status Online landing page shows other quick reference online tools, such as how to change your address online, how to submit an inquiry about your case (e-Request), case processing times and how to locate a USCIS office.

No, no US consular officer should call a bank to confirm the status of a statement presented in support of a nonimmigrant visa application.

Essentially, the U.S. government assures that they request applicants' social network accounts to see if there is any evidence of the applicant being a threat to national security, any close ties to known criminal organizations, or if they committed fraud with any personal information given on immigration forms.

CAN'T YOU KEEP YOUR SOCIAL MEDIA ACCOUNTS PRIVATE? USCIS now routinely combs through the social media accounts of visa applicants and green card applicants looking for photographs, videos, comments, or any other item that might be considered evidence of marriage fraud or other types of immigration fraud.

If an immigration benefit is denied, the applicant may file a motion to reconsider or reopen it with the United States Citizenship and Immigration Services District Director who denied their application.

On an average day we:

Adjudicate more than 32,500 requests for various immigration benefits. Process 3,700 applications to sponsor relatives and future spouses. Analyze nearly 550 tips, leads, cases and detections for potential fraud, public safety and national security concerns.

As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.

It simply means that the case manager requested additional information from your employer, USCIS received evidence in response to the query, and the case manager is currently reviewing the new information.

How many immigration cases are backlogged? ›

ASIDE FROM SHIFTING BORDER POLICY, there's another ongoing problem within the federal agencies that adjudicate immigration proceedings: a growing backlog of more than 11 million cases across the Department of Justice and the Department of Homeland Security (DHS).

On April 1, 2022, USCIS will dispose of E-Verify records that are more than 10 years old, which are those dated on or before Dec. 31, 2011. E-Verify employers have until March 31, 2022, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.

Premium Processing: The Market- Based Solution to Immigration Backlogs. For some forms, USCIS allows applicants to pay for “premium processing,” which legally requires USCIS to respond to applications quickly, between 15 and 45 days, depending on the type of application.

Due to a large backlog of immigration cases, it can take months or even years for an immigration case to be decided. In California, the average time to complete an immigration case is 2-3 years, depending on whether the case involves a criminal conviction (which takes longer).

Legal Immigration Backlog. U.S. Citizenship and Immigration Services (USCIS) is facing severe and growing backlogs in processing its cases for legal immigration and asylum. As of April 2022, the agency has 8.5 million pending cases, with over 5 million of those cases pending beyond their usual processing time.

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws.

The Immigration Court is an administrative court within the Department of Justice (DOJ) responsible for adjudicating immigration cases in the United States.

Cases that qualify for the expedited process can result in a removal order within 2 weeks, while normal cases that don't qualify for the expedited process can take 2 – 3 years or more to reach a final decision through the courts.

Now, if the US government fails to meet this deadline, you have the right to file a 1447b lawsuit against USCIS over delays concerning your application in Federal District Court. In other words, 1447b is the federal statute that holds USCIS accountable and simultaneously enables you to sue USCIS for delay.

Does immigration investigate? ›

You have to understand that if you're going to apply for an immigration benefit, especially for a marriage-based Green Card, they're going to investigate you.

Mandamus lawsuits are an effective way to force USCIS to adjudicate applications and petitions. It provides individuals with a remedy that is not otherwise available. Mandamus actions can be filed without first exhausting administrative remedies such as filing a complaint with USCIS or requesting expedited processing.

The ten year rule refers to the residency limitation placed on criminal deportation in s. 201 of the Migration Act. Under existing law, once a "permanent" resident has lived in Australia for ten years he or she is no longer liable for criminal deportation.

No, USCIS does not have the authority to go through a persons phone. USCIS is a service agency and only has the authority to assign immigration statuses and investigate if the paperwork is genuine and viable. They cannot go through your phone as such.

Green Card Basics: Do USCIS Officials Look at My Social Media Accounts? The short answer is no, USCIS officials will no longer look through your social media accounts before they approve your green card petition.