In short, yes. One can exercise their rights and legally sue USCIS. … By filing a Federal lawsuit, you are forcing USCIS to justify their decision, which it is highly unlikely they will be able to do. In most cases where a Federal lawsuit has been filed, USCIS has chosen to avoid litigation and has issued an approval.
How much does it cost to sue USCIS?
What Are the Filing Fees? Fees for U.S. District Court Complaint is $350.00, plus $50.00 (est.) for Service of Process.
Can I sue USCIS for damages?
You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the immigration service is taking longer than normal to make a decision on your case.
Can I sue my immigration lawyer?
If you have consulted with or hired an immigration consultant to assist you with your immigration case, and you believe that he or she has violated the law, you have the right to sue the immigration consultant for damages.
Where can I sue USCIS?
To file a complaint against a lawyer licensed in California, go to the State Bar website or call 800-843-9053. You can also complain to the Executive Office for Immigration Review for the U.S. Department of Justice, which handles complaints against immigration attorneys who are licensed in any state.
Can I sue USCIS for taking too long?
You have the right to sue the Immigration Service for a prompt decision on your case, if it is taking too long to process it.
How do I force USCIS to make a decision?
You can have an immigration lawyer file a Petition for a Writ of Mandamus in Federal Court to force the USCIS make a decision in your pending case.
What is mandamus lawsuit?
A “Mandamus Action” is a lawsuit used to compel someone, such as an officer or employee of the United States government, to act on an administrative matter that is not discretionary; where they have a legal duty to do so and have not.
What happens if USCIS lost my file?
If USCIS has already lost your application, the easiest thing to do is file another copy. If you have saved a copy of all documents, you can re-file fairly easily. Remember, the application needs an original signature. You’ll also need to cancel your check and write a new check.
What happens if my immigration case is denied?
If your immigration case is denied by USCIS, you may have an opportunity to appeal this decision. An appeal is a request to a higher authority to review a decision. … Generally the applicant is given 30 days to file the appeal. To file an appeal, you will need to complete a Form I-290B, Notice of Appeal or Motion.
What does it mean when a lawyer drops your case?
Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorney’s advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.
How do I remove an attorney from an immigration case?
Send us a letter saying you want to withdraw your legal representative and intend to continue your case without any legal representation. If you do so, USCIS will communicate only with you. The USCIS office where your case is pending. Find the USCIS office address on the most recent notice you received from USCIS.
What do I do if I don’t like my lawyer?
If you think your attorney has acted unethically
If you believe that your attorney acted unethically, you should consider filing a complaint with the State Bar. … You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.
Can you file a complaint against USCIS?
Ways of Submitting Complaints
Persons can make a complaint in a USCIS office by asking to speak to a supervisor. … Contact information for DHS Office of Inspector General (OIG) can be found on both the USCIS website and on the DHS website.
Why is it taking USCIS so long to review applications?
New policies at USCIS are restricting legal immigration. For example, one policy requires USCIS officers to conduct duplicate reviews of past decisions, adding unnecessary work to each case. Such inefficient policies help explain why processing times are increasing even as USCIS application rates are decreasing.
How do I complain about my employer to USCIS?
Toll-free phone number: 1-866-487-9243 (TDD for deaf and hard of hearing: 1-877-889-5627) Assistance is available in many languages via live interpreters. To report alleged H-1B violations by an employer, use Form WH-4.