Santiago J. Padilla, P.A.

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Posts tagged "Denial of Visa Petition"

Unreasonable Delays in Visa Processing Times Could Result in an Award of Attorney's Fees in Favor of the Applicant

As I have advocated in previous blogs, one solution to resolve the unreasonable and inordinate delays in visa petition processing times is to take the government to court, either under the Mandamus Act, 28 U.S.C. §1361, or under the Administrative Procedures Act, 5 U.S.C. §555(b), or both. What is particularly compelling is that under the Equal Access to Justice Act, 28 U.S.C. §2412, a prevailing party shall be awarded attorney's fees where the government cannot show that its position "was substantially justified." The government has the burden of proving that its position was substantially justified.  I would argue that the visa processing delays that we are experiencing now cannot be justified.  In fact, there are fewer immigration petitions being filed, but the processing delays have increased disproportionatly.  Therefore, it is most likely that the applicant and/or beneficiary would be awarded attorney's fees if the applicant prevails in Federal Court.