Delay Litigation
Unfortunately, it may be common for applicants to experience unreasonable delays in their immigration applications. Even after properly filing their application, providing the required documents and at times even after successfully attending their interview at a USCIS office or a foregin U.S. embassy, applicant’s may still not receive final decisions on their case within expected processing times.
This can be very frustrating for applicants since this can result in applicants unable to work, attend school, take part in certain privileges such as travel and most importantly are separated from their families in some circumstances. Both the applicants and their family members may feel overwhelmed and stuck with no other option but to wait, however in the event that a case can be proven to be unreasonably delayed and exceeding expected processing times as promised by USCIS, they may have the option to file a mandamus lawsuit against USCIS, the State Department or the individual U.S. Embassy under both the Mandamus Act and the Administrative Procedure Act (APA).
Delay Litigation
When Should I Consider Suing the U.S. Government?
If your immigration case has been pending for at least a year and is outside standard processing times you should consider filing a lawsuit in federal court.
It is possible to sue the Department of Homeland Security, which includes USCIS, CBP, and ICE.
What Types of Lawsuits are Possible?
The Mandamus Act provides the option to compel a U.S. administrative agency or government official to take action. It is not, however, possible to use a mandamus lawsuit to ensure that a specific favorable outcome will be reached.
An APA lawsuit, in contrast, seeks relief for “unreasonable delays.” These two causes of action both typically apply in most immigration cases that are badly delayed. The best policy is to file a lawsuit using both Mandamus and the APA as the underlying causes of action.
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