The immigration system in the U.S. is intertwined among a lot of different agencies to carry out its various functions. Some of the agencies involved are the Department of Homeland Security, Customs and Border Patrol, U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and various other government departments. These agencies may not adjudicate cases in timely and just manner. To fully protect your rights, federal courts may be approached. Appeals, Petitions for Review, Writs of Mandamus, Habeas Corpus are some of the filings that can be made in Federal Courts. Appeals are generally filed in cases which relate to removal from the U.S. or eligibility for benefits, relief or protection to stay in the U.S. They are filed in the appellate section of the concerned federal court having jurisdiction. Federal Courts maybe approached in the following scenarios:
- If there is an unreasonable delay in adjudicating an application or petition from the USCIS
The writ of Mandamus vests federal courts with the power to compel an agency to act where the agency has failed to perform its duty. Thus, if the USCIS has failed to issue a decision on a properly filed application in a “reasonable” time, then a person must evaluate his options to file a Writ of Mandamus.
- Denial of any application for naturalization by the US Government
The INA provides for specific relief in federal district court if the USCIS has failed to issue a decision on a naturalization application for more than 120 days after the date of the interview
- Challenge for unlawful detention for someone in immigration custody
Detentions have increased over the years, however some of the detentions may be unlawful like detention of a United States citizen; and detention of an alien who is not inadmissible, removable, or deportable under our current immigration laws. A writ of habeas corpus can be filed in the federal district court to stop the detention.
- Challenging a removal order on legal ground
Order of removal or deportation passed by the Board of Immigration Appeals can be challenged in federal courts. The Board of Immigration Appeals can sometimes make factual and legal errors in dismissing appeals and denying motions. Motions to reconsider and reopen can be filed with the board. The Board’s decision can be challenged in a timely manner at an appropriate federal court, and can be done either on legal or constitutional grounds.
We, at the Law Offices of Aditya Surti, LLC can help you in applying for immigrant visas on behalf of your alien workers. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at firstname.lastname@example.org.