Fourth, it is important to note there is a $350.00 fee forU. S. District Court Complaint, plus $50.00 for Service of Process. You should consult with an attorney that specializes in Federal Immigration litigation to determine if a legal action would be appropriate in your situation.
How do I file a case against USCIS?
Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant’s name and information about the nature of the complaint.
When can I sue USCIS?
If the immigration service refuses to act, you can sue them in federal court by filing a lawsuit against USCIS. Once you have already had your naturalization test and interview and more than 120 days (four months) have gone by, you can go into federal court and ask a judge to naturalize you themselves.
Can I sue USCIS for taking too long?
You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary documentation for these types of cases, visit our page on Lawsuits against the U.S. Immigration Service (USCIS).
What happens when your case is denied by USCIS?
If your immigration case is denied by USCIS, you may have an opportunity to appeal this decision. An appeal is a request to a higher authority to review a decision. … Generally the applicant is given 30 days to file the appeal. To file an appeal, you will need to complete a Form I-290B, Notice of Appeal or Motion.
Can I file lawsuit against USCIS?
In short, yes. One can exercise their rights and legally sue USCIS. While this action is possible, it is rare. The process is very lengthy and complicated, therefore hiring a knowledgeable immigration attorney is important.
What to do if USCIS makes a mistake?
To fix a mistake on a form filed with U.S. Citizenship and Immigration Services (USCIS), wait until you get the notice that tells you the agency received it. The notice will have a receipt number or other case identifier that will make it easier for USCIS to find the form you filed.
How do I force USCIS to make a decision?
You can have an immigration lawyer file a Petition for a Writ of Mandamus in Federal Court to force the USCIS make a decision in your pending case.
What is a mandamus lawsuit?
A “Mandamus Action” is a lawsuit used to compel someone, such as an officer or employee of the United States government, to act on an administrative matter that is not discretionary; where they have a legal duty to do so and have not.
What happens if USCIS lost my file?
If USCIS has already lost your application, the easiest thing to do is file another copy. If you have saved a copy of all documents, you can re-file fairly easily. Remember, the application needs an original signature. You’ll also need to cancel your check and write a new check.
What can I do when USCIS takes too long?
The Administrative Procedures Act has a provision that says that if an immigration application has been pending for an unreasonable amount of time, then the applicant or the beneficiary of the application has a right to bring a legal action (“Writ of Mandamus”) against the immigration department (USCIS) and request …
How long does it take USCIS to actively review your case?
It might take several months for USCIS to make a decision on the I-130. Right now the processing times for an I-130 is about 6-9 months. For completion, you are looking at about 14-15 months from the initial filing…
Does ombudsman help with USCIS?
If you have a problem with your USCIS application or petition, the Ombudsman may be able to help. The Ombudsman provides an impartial and independent perspective to USCIS in an attempt to resolve problems. … Call the USCIS National Customer Service Center at 1-800-375-5283.
Why would the USCIS deny my application?
Among the reasons the U.S. government might deny an immigrant visa or green card are its own error (or yours, in completing the paperwork), concern that you are a security risk, inadmissibility for health or criminal reasons, a finding that you are likely to become reliant on government assistance, and more.
What happens after USCIS accepts your case?
Often, the documents are sent to the lockbox address, and then the file is forwarded to the local office for adjudication. Second, once the file is accepted, a filer should receive a paper notice confirming the receipt of the documents. That usually happens within 2 weeks of submission.
What does it mean when USCIS is actively reviewing your case?
Simply means USCIS received your your response to the RFE they raised upon the conclusion of your interview and is now in the midst of “reviewing the response and/or documents received” and “no other action is…