Law Office of Scott A. Mossman
1611 Telegraph Avenue, Suite 1100, Oakland CA 94612 - (510) 835-1115

Challenging Denials & Delays in Federal Court

If the immigration authorities unreasonably delay in making a decision in your case, you often have the option of filing an action for mandamus (alternatively referred to as a petition for a writ of mandamus). This type of lawsuit seeks force the immigration authorities to make a decision on the case. For example, a person may file an action for mandamus if USCIS does not make a decision on an I-485 or I-751 for an unreasonable length of time. Mandamus also is appropriate for the lengthy delays that result where a consulate returns an I-130 to USCIS for revocation.

You also can bring an action in federal court if the immigration authorities misapply the law in denying your case. This is done by seeking judicial review under the Administrative Procedure Act (APA). For example, a person might file a lawsuit under the APA to challenge the denial of an I-130 or I-730 based on the alleged lack of a legal marriage.

N-400 applicants for naturalization to U.S. citizenship receive special rights to judicial review under section 336(b) of the Immigration and Nationality Act. Specifically, the U.S. District Court may take jurisdiction over a naturalization case and decide it if USCIS fails to decide the application within 120 days after the examination. The court may also remand the case to USCIS with instructions.

Scott Mossman has represented clients in these types of federal lawsuits before the U.S. District Courts for the Northern, Eastern, and Central Districts of California (San Francisco, Oakland, Sacramento, and Los Angeles). He does not accept these types of cases unless the petitioner or applicant resides in California, although the beneficiary of an immigrant petition may reside outside of California.

If you are concerned about cost, talk to our firm before you decide whether to pursue your right to judicial review. Each year we offer a reduced fee for a few of these types of cases.

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Examples of Successful Lawsuits:

Mandamus settled and long-delayed I-485 granted for applicant previously assisted by consultant who committed fraud.*
I-130 for overseas wife reaffirmed quickly after mandamus/APA action filed, suit dismissed.*
INA 336(b) naturalization action quickly settled and citizenship granted for elderly woman delayed by FBI name check.*

* Note, these favorable outcomes do not constitute a warranty, guarantee, or prediction of success in your case or any other matter. The individual facts of each case greatly affect the outcome.

Scott Mossman is a licensed attorney and active member of the State Bar of California, Bar #227178.

For pending criminal charges, we advise defendants, criminal defense attorneys, and public defenders throughout the entire State of California.
In removal cases, we represent clients residing anywhere in Northern California before the San Francisco Immigration Court.
For USCIS applications, we primarily represent clients before the USCIS San Francisco and San Jose Field Offices, including clients from Alameda, Berkeley, Concord, Fremont, Hayward, Martinez, Milpitas, Mountain View, Napa, Oakland, Palo Alto, Pleasanton, Redwood City, Richmond, San Francisco, San Jose, San Leandro, San Mateo, San Rafael, Santa Clara, Santa Rosa, Sunnyvale, and Walnut Creek. For appeals of denied USCIS petitions and waivers, we represent clients living anywhere in the world.