Nowadays, unreasonable or inordinate delays in immigration petition processing times are causing clients significant stress, particularly because travel may be restricted while the immigration petition or application is pending. However, there is a solution which may have been viewed as extreme in previous years, but which now is getting renewed attention. That solution is filing a lawsuit against the United States Immigration and Citizenship Services ("USCIS") in federal court under the Mandamus and Venue Act of 1962. Under this Act, the party bringing the lawsuit is demanding that the court order USCIS to act and adjudicate the petition or application. In such a case, the party bringing suit must show that he or she has a clear right to the relief requested, that the government has a clear duty to perform the act in question, and that there is no other adequate remedy available.
Visa denials have reached over 60% in certain categories, with the L-1 visa suffering the most repercussions. However, the answer may be filing a lawsuit in federal court. Many clients resist this option, but it is becoming more of a necessity. I have traditionally filed petitions and applications that have detailed legal arguments and are chocked full of relevant evidence so that if the client is willing and able, there is the availability of an appeal to the courts.
Living in America is a dream for many. While countless people wait for visas, many others search for ways to legally immigrate to the United States. You might want to pursue an education in the U.S. Or perhaps you have loved ones living stateside and you want to join them. Although it may take time to get a visa application approved, there are many means by which you could enter the country.
Under U.S. Immigration law, if you are an "immediate relative" of a U.S. citizen, you can become a U.S. permanent resident very quickly if your U.S. citizen relative files a petition on your behalf. For example, the spouse of a U.S. citizen, an unmarried child of a U.S. citizen under the age of 21, and the parent of a U.S. citizen (provided the U.S. citizen is at least 21 years old) are all "immediate relatives" and they can file a petition to adjust the status of their immediate relative and a "Green Card" will be immediately available.
By: Santiago J. Padilla, Esq.