Mandamus and APA Lawsuits:
Mandamus and APA Lawsuits seek to hold Agencies like the Department of State (DOS) andU.S. Citizenship and Immigration (USCIS)accountable for violations of the Administrative Procedure Act (APA), 5 U.S.C. § 706(1), for unlawful withholding or unreasonable delay in the adjudication immigration-related applications. In plain terms, you can file one of these lawsuits when your case has been pending too long.
Agencies like the Department of State (DOS) andU.S. Citizenship and Immigration (USCIS) are legally required to make a decision on applications within a reasonable period of time. When an application is pending for too long without a decision, then the applicant may be able to file a lawsuit in federal court against the agency to compel or push the agency to make a decision.
What do the lawsuit ask the court to do:
A Mandamus or APA Claimseek to force the government to immediately adjudicate the applications. In most cases, after the lawsuit is filed the government speeds up or expedites the completion of the application in order to “moot out” the lawsuit. Once a decision is reached on the application, the lawsuit is then withdrawn.
This lawsuit, if successful, will result in a decision on your application. The decision could be either an approval or a denial.
Won’t the Government retaliate against me if I sue them?! Will it hurt my chances at obtaining a green card?
The right to file a lawsuit against the government is protected by the First Amendment of the U.S. Constitution. The First Amendment applies to everyone, not just U.S. citizens, and it protects your right to freedom of speech, and the right to petition the Government for a redress of grievances. Retaliation or backlash for filing a lawsuit against the government would be a violation of the First Amendment, which is taken very seriously by the government.
Further, in our combined decades of experience, our team has never seen the Government retaliate for filing an APA or Mandamus lawsuit. In fact, people who file lawsuits are often more-likely to get better treatment than those who don’t. If the government knows that an applicant is not afraid to sue, then the government is less likely to delay future applications for that person.
What Type of cases can you file these lawsuits
for ?
Anytime USCIS or the Department of State has a duty to make a decision, and they are delaying that decision, you can file a mandamus or APA action against them.
Our firm files many of these lawsuits for cases such as:
- U Visa applications, bona fide determinations, waitlist determinations
- I-765 Work Permits
- I-130 Petitions
- Asylum Applications and interviews,
- Citizenship Applications,
- NVC Cases
- I-485 Green Card Applications,
- I-131 Travel Documents
- Immigrant Visa applications stuck in Administrative Processing,
- Non-immigrant visa applications such as H-1B and F-1 visas suck in administrative processing.
This is a non-exhaustive list – if you think your case may be delayed and you want to explore a mandamus or APA lawsuit, then please contact us to discuss further.
can a lawsuit help bring my family to the use if i have a u-visa pending ? parole for u-visa family members abroad:
Yes! Regardless of whether your U-Visa case is simply pending, or if you have already received a bona fide determination or a waitlist determination, an APA lawsuit can push USCIS to grant your family members parole into the United States.
The U-Visa regulations (laws) state that IF an application is placed on the waitlist, then USCIS will grant the U Visa applicant and qualifying family members parole. However, despite the law stating clearing that USCIS must grant parole to family members abroad, USCIS never does this unless they are compelled to do through a lawsuit.
The APA lawsuit demands two things – 1) that USCIS make a waitlist determination if it hasn’t done so already, and 2) if the applicant is placed on the waitlist, USCIS grant parole to family members abroad. We have had family’s reunited in as little as 90-120 days after filing the lawsuit.
Once the family member is in the United States, they apply for a work permit and can remain in the United States indefinitely, until the final U-Visa approval and eventually the green card application.
I already have a lawyer who filed my case , can i Still hire you to file the lawsuit?
Yes! We are not required to take over your case in order to file the lawsuit. You may elect to keep your attorney who filed your now-delayed case and our firm can simply file the lawsuit on your behalf, or we can take over the case for you – it is entirely up to you.
What Are the chances of success ? What is palladino , isbell & Casazza’s success rate with these lawsuits?
IIn the vast majority of APA and Mandamus claims, the Agency expedites the adjudication of the underlying application. Typically, this happens within 60 days of serving the lawsuit filing – sometimes before, sometimes after. Every case is different, and at the time of consulting with you, an attorney at Palladino, Isbell & Casazza will give you an honest determination of the strength of your case and likelihood of success based on our experience.
Will I work with a paralegal or attorney if I hire PIC Law?
Though Palladino, Isbell & Casazza has a large team of lawyers, paralegals, and support staff, our APA and Mandamus lawsuits are primarily handled by Partners (Attorneys) at the firm. Your point of contact would be an Attorney, and the Attorney you consult with will almost always be the individual drafting and filing your lawsuit.