One of the most common inquiries that we receive are questions regarding what to do with a case that just seems to go nowhere. Most of these cases relate to matters pending before the United States Citizenship and Immigration Service (USCIS) and others to matters before the United States Consular Offices abroad.
While the government has made great strides in reducing the processing times associated with the most common immigration cases some get “stuck” in the process and seemingly move nowhere. Although delays are not as common as they used to be, waiting for an answer on your application while the government processes others which were filed later after yours is unfair and unjust.
What we have found to be most effective in resolving such cases is federal litigation. This means that we file lawsuits in the United States District Court seeking the Courts assistance with forcing the government to finalize the adjudication of delayed cases. This process works because it forces the government to pay attention, forces the government to respond to the filing of the suit and it more often than not leads to resolution of the delayed case.
In advising clients to petition the federal courts we do not seek to unnecessarily burden the government. But at some point, enough is enough and there is no reason why your case should continue to sit in a pile on an officer’s desk while other matters filed after yours are being adjudicated before your case. But it is important to note that going to federal court does not mean that your case will be approved. But it has been our experience after having filed literally dozens of these cases that using the federal courts is an effective method to resolve long delayed cases.
If you are experiencing a problem with a case that just seems to go nowhere, call our office for a consultation. After asking you some questions we will determine if we can assist you. If we can assist then you will be scheduled for a personal consultation with one of our attorneys.
We look forward to hearing from you.
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