Awaiting a decision on your immigration or visa status can be incredibly frustrating. Unreasonable delays may leave applicants wondering how they can move forward with the immigration process and start building their lives in the United States.
The immigration delay litigation process in Phoenix allows applicants to file a lawsuit against the immigration agency to compel them to issue a decision in a case. An immigration delay lawyer could prove essential in managing this complicated process.
The Phoenix immigration delay litigation process is intended to force U.S. Citizenship and Immigration Services (USCIS) to take action on a pending application. This process, also known as a mandamus lawsuit, should only be used when USCIS has a duty to process an application but has not done so for a long period of time. Only when the petitioner does not have other options for relief can they file a mandamus lawsuit. The litigation process can help an individual move forward when a delay causes personal or professional harm.
When USCIS delays an application response, applicants may need to take action quickly in order to protect their right to remain in the United States.
The immigration delay litigation process can quickly turn complicated, and the help of a Phoenix lawyer could protect an applicant and streamline the process. A lawyer could draft the petition, provide vital insights into how to navigate the immigration system, and offer advice about when to begin a mandamus lawsuit.
A petition will need to include the timeline for the delay, any reasons for it, and what action the petitioner wants the court to take. In most cases, this action involves forcing USCIS to take action on an application. A petition should also include any other information relevant to a case.
USCIS must respond to a petition within 60 days of its submission. Occasionally, USCIS will expedite an application’s response upon receiving a petition, ending the need for a court case.
If USCIS does not finalize an application, the courts will set a date for a hearing. There, the applicant’s attorney will present their case, including evidence of harm caused by the delay and why they feel USCIS should act on the application as soon as possible.
In most instances, the judge will enter an order related to the case that may include requiring USCIS to act on the application and render a decision on the immigrant’s status. The judge in an immigration delay litigation case cannot decide the immigrant’s status but can push for a final decision.
The immigration delay litigation process in Phoenix can help applicants who are experiencing application delays take the action necessary to change their immigration status in the United States. However, lawsuits can prove complicated. Having a skilled immigration lawyer on your side could make a big difference in your ability to successfully complete the process. Contact New Frontier Immigration Law today for experienced assistance.
