Delay Litigation
DELAY LITIGATION
Unfortunately, it is common for applicants to experience unreasonable delays in their immigration applications, such as those applying for an i-601a waiver or facing issues like USCIS processing delays. 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 foreign U.S. embassy, applicants may still not receive final decisions on their case within expected processing times.
This can be very frustrating for applicants as it can result in them being unable to work, attend school, or partake in certain privileges such as travel. Most importantly, they are often 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, if 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).
In situations where delays are persistent, applicants might explore options such as a lawsuit against USCIS over delays, particularly if the delay involves a critical application like the i-601a. By staying updated with the latest 601a waiver lawsuit update and i601a lawsuit news, applicants can better navigate their legal options and potentially expedite their cases. It’s essential for those affected to monitor USCIS lawsuit updates and consider consulting with an attorney specializing in immigration lawsuits and USCIS delays.
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 the Mandamus and the APA as the underlying causes of action. Applicants affected by delays should remain informed about developments like 601a waiver lawsuit updates and ongoing class action lawsuits against USCIS, which could influence their decision-making process and provide additional legal avenues to explore. Those experiencing significant USCIS processing times may benefit from exploring i-601a waiver news or joining class action lawsuits.com for further legal recourse and support.
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