Immigration Delay Litigation Process in Pineville

Mecklenburg County has the largest immigrant population in North Carolina. Unfortunately, inefficient administrative processes, staffing shortages at USCIS offices, and other issues can lead to lengthy delays in the immigration process. These delays can lead to risky and even life-changing consequences for those seeking to navigate the US immigration system, including the risk of deportation.

If it has taken USCIS longer than expected to process your application, an immigration delay attorney may be able to help you with litigation to get your case moving again. Here is a look at the immigration delay litigation process in Pineville.

Why Should You Contact an Immigration Lawyer for Assistance?

The timeline for various immigration processes varies greatly. The USCIS lists expected wait times on its website, and applicants are encouraged to wait until that time has passed before considering whether there is a delay in their case.

Immigration law is difficult and may be overwhelming to navigate on your own. An experienced Pineville immigration attorney from Sussman Law Firm could provide guidance and determine if the delay in processing your application is excessive. We could also handle your case by providing services that include:

Filing paperwork
Ensuring your application is free of errors
Negotiating with government lawyers on your behalf
Identifying agency errors that may be causing the delay
Presenting legal arguments as to why action is needed in your case

Our team is here to help and support you every step of the way to ensure your immigration case is handled promptly from when you start working with us.

File a Lawsuit in Court

Immigration lawyers commonly use what is known as a mandamus lawsuit, which is a legal action filed in a federal district court demanding that the Pineville immigration agency take action on your delayed case. During the process, we could present evidence showing there is an unreasonable delay in the government’s response to your application, such as emails, receipts, and records of past meetings or interviews.

Commonly, USCIS is prompted to move forward on the application once a lawsuit has been filed. However, in some cases, a court appearance is necessary to get the desired results.

Responses from USCIS

When an immigration delay lawsuit is filed against a USCIS district office, the government must respond to the legal complaint within 50 days–although they often seek an extension to investigate the situation and file an answer or a motion to dismiss. If the court determines the agency has improperly delayed processing your application, USCIS may be ordered to make a decision, though that order does not require them to approve the application.

There are several potential outcomes to a mandamus lawsuit, including the agency being given a deadline by the court to approve the lawsuit or choosing to resolve the case by settling the claim before going to trial. In some cases, a successful outcome to immigration delay litigation will include the government covering the Pineville attorney’s fees for a claimant. Mandamus lawsuits have a high success rate, with many cases being resolved within 60 days of the lawsuit being filed.

Contact Our Pineville Team to Learn More About the Immigration Delay Litigation Process

Immigration delays can have disastrous consequences and serve as a source of frustration for applicants who have been waiting for a resolution. Let our legal team help you understand your rights and the services we may provide to help get your case back on track. Contact us today for a case evaluation and to learn more about the immigration delay litigation process in Pineville.