immigration & citizenship
- applications
- appeals
Challenging a Denied or Delayed Immigration Application
If the immigration authorities make an error of law or incorrectly apply the law to the facts of your case, often you can challenge that decision in federal court. 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.
Also, 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.
N-400 applicants for naturalization to U.S. citizenship receive special rights to administrative and judicial review, which are discussed under Naturalization Appeals.
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.
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.