Contesting immigration-related delays or decisions usually requires litigation. An example is immigration agencies failing to resolve issues or disputes, which leads to unreasonable delays in processing immigration applications.
However, the system is complex, and many find it frustrating and overwhelming, mainly when problems and delays occur. Therefore, many people reach out to a hard-working immigration delay attorney skilled in handling the immigration delay litigation process in Newark to help them navigate the challenging processes.
A Writ of Mandamus is a centuries-old remedy and lawsuit used to order government officials to perform their duties, such as immigration processing delays. The United States Citizenship and Immigration Services, or UCIS, must process applications and provide their decisions within a specific time frame. When delays occur, litigation may be necessary.
Under 28 United States Code § 1361, applicants may seek relief through judicial intervention by filing a lawsuit in Federal District Court. The first requirement for initiating the procedure includes having clear and legal rights for relief, which means the government official has a duty to perform the duty on their behalf. There must also be an absence of other adequate court procedures and remedies.
Processing times can vary significantly depending on the type of immigration application and relief the applicant pursues. Further, the USCIS application processing times are slow because of a substantial backlog in recent years.
Delays can happen for a vast range of reasons, including changes in immigration laws and policies, an increase in new applications, and staffing shortages. The proper type of Newark immigration delay litigation procedure depends on many factors, including the process and the individual’s background.
Incomplete applications or missing paperwork commonly cause delays in processing immigration applications. Even a simple error in the information provided on the application can cause significant delays as the USCIS officer must investigate the issue.
Adjustment of status, or AOS, is an immigration process available through USCIS that allows eligible immigrants residing in the country to apply for permanent resident status without traveling back to their home country. Unfortunately, processing delays for AOS applications are standard. When applicants seeking relief experience delays, steps to take include:
Processing problems and delays can be frustrating and confusing. A lawyer seasoned in handling cases involving the immigration delay litigation procedure in Newark could provide sound legal advice and guidance to resolve the issue promptly.
Unfortunately, immigration application processing delays and issues requiring resolution to proceed with applications are no surprise. Even after submitting all the necessary paperwork and fulfilling each requirement, reaching approval is often long and complex.
Please know that a qualified lawyer understands your challenges and could help navigate the immigration delay litigation process in Newark. They could communicate with agencies on your behalf, help gather the essential documents, and handle litigation. Call soon to schedule a consultation and review your case if you need clarification and help.
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