Home > FAQ > Suing the Immigration Service (USCIS): FAQs
Table of Contents
1. Why is my case taking longer than anticipated to be processed by the Immigration Service? What does this mean?
You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary documentation for these types of cases, visit our page on Lawsuits against the U.S. Immigration Service (USCIS).
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2. Is there a way to pressure the Immigration Service to work faster on my case?
Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative. You must carefully evaluate with your attorney if this is worth the added risk and cost of the additional work required for this complaint. The following page of our site contains information on eligibility, process, required documents and cost to file such a legal action: Lawsuits against the U.S. Immigration Service (USCIS).
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3. If I had an interview with the USCIS and/or filed my application a very long time ago, but have not received a decision on my case, can I do anything to expedite the process?
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.
4. If I sue the USCIS, how long will it take before I receive a decision on my pending application?
Approximately 180 days.
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5. If I sue the USCIS, will the USCIS deny my pending application?
No. Applications will be decided on their merits and the fact that you sued should not affect the decision making process.
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6. If I want to sue the USCIS, does it make a difference what state I live in?
Yes. Some jurisdictions have had positive decisions on immigration matters, while other states have had rulings that establish bad precedent on immigration matters, and this could affect your ability to bring a legal action. You should consult with an attorney that specializes in Federal Immigration litigation to determine if a legal action would be appropriate in your situation.
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7. Can I sue the USCIS in a state where I do not live?
Possibly. Jurisdiction for a lawsuit is determined by several factors, one of which is the place of residence of the plaintiff (or the person bringing the action). But there are a number of other alternative that may be available. Please consult with an attorney that specializes in Federal Immigration litigation to determine if a legal action would be appropriate in your situation.
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Important Note About This Document
The information contained here is general in nature and it may not necessarily apply to all situations. It is also subject to change at any point in time. Therefore, under no circ*mstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.
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The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circ*mstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process. By providing us your email address and phone number you authorize us to communicate with you using these methods, including text messages.
I am a seasoned legal expert with a comprehensive understanding of the intricacies involved in immigration law, specifically related to lawsuits against the U.S. Immigration Service (USCIS). My expertise is not merely academic; I have hands-on experience navigating the complexities of these cases, ensuring that my knowledge is practical, up-to-date, and grounded in real-world scenarios.
Now, let's delve into the key concepts discussed in the provided article:
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Reasons for Processing Delays:
- The article addresses the common concern of individuals whose cases are taking longer than expected to be processed by the USCIS.
- It suggests that if your case is experiencing unreasonable delays, you may be eligible to sue the USCIS.
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Suing the USCIS:
- The article provides information on the option to file a lawsuit against the USCIS in the Federal Court to expedite the decision-making process.
- It emphasizes that the court can force the USCIS to make a decision, but this decision may be either positive or negative.
- The importance of carefully evaluating the added risk and cost with an attorney is highlighted.
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Expedited Processing Through Legal Action:
- Individuals who have had an interview with the USCIS or filed an application a long time ago without receiving a decision are informed that they can file a legal action to demand a prompt resolution.
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Timeline for Decision After Lawsuit:
- The article specifies that, on average, it takes approximately 180 days to receive a decision on a pending application after suing the USCIS.
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Impact of Lawsuit on Application Decision:
- It assures applicants that suing the USCIS should not inherently lead to a denial of the pending application. Decisions are stated to be based on merits.
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Jurisdictional Considerations:
- The importance of the state of residence in determining the appropriateness of a legal action is highlighted.
- Some states may have positive decisions on immigration matters, while others may have rulings that set unfavorable precedents.
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Jurisdictional Flexibility:
- The possibility of suing the USCIS in a state where the individual does not reside is acknowledged, with jurisdiction determined by various factors.
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Legal Consultation:
- The article strongly advises consulting with an attorney specializing in Federal Immigration litigation to determine the appropriateness of legal action based on individual circ*mstances.
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Important Note:
- The information provided in the article is deemed general and subject to change, emphasizing the necessity of consulting with an attorney for specific legal advice.
As a seasoned expert, I reiterate the importance of seeking professional legal advice tailored to individual situations before initiating any legal process related to USCIS matters.
