What do I do if my immigration case is taking forever?
1. Do I, as an individual, have the power to take on the government? Yes, absolutely. Congress has drafted statutes to give you, an individual, the tools and the ability to compel the government to answer for its delay or the harm that the government has caused you. If Congress has written these statutes for you, use them to your benefit!
2. How do I compel the government to act? If your case is suffering from an unreasonable delay (for example, your spouse was interviewed for a visa, but you have not had any decision for a year), you may file a writ of mandamus. The government has a duty to make a final decision on your case; this statute compels the government to make the decision. Basically, the government may have to explain to a federal judge why their delay is reasonable. Note that a writ of mandamus compels the government to render a decision, not render an approval.
Alternatively, if the government has denied your case and you believe, under the law, that this denial was wrong, you can sue under the Administrative Procedure Act (APA) to challenge the government’s unlawful decision. Again, your lawsuit will force the government to make an account of its actions before a federal judge.
In both cases, you get to be on the offense instead of on the defense. In effect, what you are doing is suing the government.
3. What if the government denies my case because I sued? In short, retaliation is illegal. While that sounds like this is too easy of an answer, in practice, both the lawyers who take on these cases and the plaintiffs (you!) who are willing to sue are respected by the government. And often the government will choose to render a decision immediately in lieu of appearing before a federal judge because it doesn’t have reasonable arguments to present to a judge. While the government may choose to deny the case, it is highly unlikely that it is in retaliation. When advising clients on whether it is time to sue, our office goes through the facts of your case to determine how the outcome, good or bad, will affect you and whether you have the right type of case for action.
Remember: When your case is in limbo, there is nothing you can do but continue to wait in frustration. If you receive a denial, then you can take the next step – appeal or refile. If you receive an approval, then your long wait is over, and you move forward in life with your loved one.
4. How do I start? Hire an attorney who is admitted to Federal District Court. It is not enough that your lawyer is admitted to state court, as it the case for all lawyers. Once you have found an attorney who can take on your case, be ready to share all of the ins and outs of your case, including the facts of your case as well as the timeline and efforts made to move the case forward (if any).
5. Is this really a wise idea? Yes! It works. It is effective. This is your chance to create momentum in your case to see it to completion. Powell Law can help, give us a call at 757-775-8526.
