Many people seek visas based on employment opportunities in the United States or close family relationships with U.S. citizens or permanent residents. Even if you qualify for a visa, the United States Citizenship and Immigration Services (USCIS) might deny your visa application. This can, in turn, derail your path to a green card or even naturalization.
If your visa application was wrongfully denied, you might need to escalate the matter to litigation in federal court. These cases are highly complicated, and you need an immigration visa lawsuit lawyer from IMMpact Litigation handling your case.
When you receive an adverse decision on a visa application, it is not necessarily the end of your immigration journey. Often, immigration officials from USCIS and other agencies make errors when denying valid applications for visas. If you appeal through the Board of Immigration Appeals (BIA) and the board upholds the visa denial, you should consult with our team about a possible circuit court appeal.
Federal Circuit Courts of Appeals have strict procedures when it comes to appealing immigration decisions, including visa petitions. Further, you only have 30 days to file your appeal after your BIA review. Seek a consultation today to determine whether our team can pursue an additional appeal for you in federal circuit court.
Sometimes, visa litigation involves delays of your application processing instead of appealing a denial. When you file a visa application, immigration officials have a duty to review the application and make a decision. When they fail to act as they should when reviewing your application, we might be able to file a writ of mandamus in federal court.
There are requirements for mandamus litigation, including exhausting all reasonable administrative remedies to convince USCIS to render a decision on your application. Then, there are limitations to a mandamus action, such as:
When a federal agency engages in wrongful action, we might bring a claim under the Administrative Procedure Act (APA). This might apply when USCIS has unreasonable delays, violates the law or your constitutional rights, oversteps its authority under the law, or other actions.
If you have a complex issue regarding a visa application, such as an unacceptable delay or wrongful denial, you should never wait to reach out to the legal team at IMMpact Litigation. We are a team of immigration attorneys from across the United States who work together on high-level immigration litigation. Contact us today for more information and to learn whether we can assist with litigation in your immigration matter.
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