Appellate Litigation/BIA Appeals
If you applied for immigration benefits and the Immigration court denied your request, professional attorney can help you to prepair an appeal. You have a right to appeal the decision if you believe it was made in error.
At this time, requests made to the USCIS (United States Citizenship and Immigration Services) may be appealed to its appellate division or the Board of Immigration Appeals. The Board of Immigration Appeals can also review the decisions of immigration courts. Further, you can petition federal courts of your jurisdiction to review your application if you think that authorities wrongfully denied relief for you.
Equally important, you are limited in time as most such appeals must be received within 30 days from the time court make a decision.
Therefore, we encourage you to hire the services of a competent attorney immediately. Be rest assured that we have a severe experience, and we can help you to get at seeking benefits you are eligible for.
Immigration Writ of Mandamus
If your immigration matter has been taking too long without a decision, you can force the agency. The government services can review your case much faster. For example, if you filed a green card application two years ago and have not heard from the USCIS since then, you can force them to move faster.
Thereby, to move your case faster, you can submit a Writ of Mandamus. It is a federal lawsuit in federal courts of the United States. In the trial, you ask the court to force the federal agency to decide on your case.
However, how does Writ of Mandamus work? Your attorney will file a complaint with the federal court of your jurisdiction. The attorney is naming as defendants the bosses of the immigration agencies. Typically there is the head of DHS, USCIS director, and USCIS Field Office director. Once the lawsuit is filed, and all procedural requirements are satisfied, USCIS responds to the lawsuit within months. In most cases, you will get USCIS’ decision in two or fewer months. An interesting fact is that Immigration services resolve the vast majority of Mandamus cases even before the Government submits an answer to your complaint upon which time you close the case. Mandamus is that powerful.
Is it a good idea for everybody? It depends, and only an experienced immigration attorney can tell you whether you should do it. If you have a strong case and believe USCIS’ incompetence has caused that delay, talk to us, and we try to help you.
See how our English/Russian/Tajik Speaking New York Immigration Attorney can help you!
- Asylum & Refugee Status
- Family-Based Green Cards
- Employment Visas and Green Cards
- Deportation And Relief from Removal
- Naturalization and Citizenship
- Domestic Violence and Crime Victims
- Nonimmigrant Visas
- Other Immigration Matters