Skip to main content

A Tip if you are considering filing a Mandamus/APA lawsuit for an Immigration Delay or Denial

Many courts have ruled that the beneficiaries of an immigration application have standing (or the right) to sue for unreasonably delayed decisions or unlawfully denied benefits. However, not all courts agree. So, to be on the safe side and avoid a challenge, it's best to add the US petitioner (usually the sponsoring family member or employer) as a plaintiff in these suits. Some petitioners, such as corporate employers, may not like having their names added to a complaint against the government. One trick to lessen the concern about this is to list the beneficiary's name first on the caption. Because case citations usually include just the first named plaintiff "versus" the first named defendant, employers can minimize public exposure when being listed second. You can also assure the petitioner that retaliation by the government against people who file such suits is virtually unheard of.

submitted by /u/JoeGentileESQ
[link] [comments]

source https://www.reddit.com/r/immigration/comments/r6g5gz/a_tip_if_you_are_considering_filing_a_mandamusapa/

Popular posts from this blog

N-400 form {"data":null,"error":{"developerMessage":null,"userMessage":null}} message

A few questions: I filed my N400 naturalization on March 23, 2020. Nearly one year later on Feb 2021 they sent me a notice that they'll reuse my biometrics from my green card application, but they won't refund the biometric fee! At the same time April 2021 showed up on my account as the expected completion date. Last week, the status was "17 days". Today the estimated time of completion has disappeared!!! Any idea what that means? More importantly - When I click on "View PDF" link under "N-400 Application for Naturalization", to see my actual N-400 form, I get " {"data":null,"error":{"developerMessage":null,"userMessage":null}} " message! The form is also missing under "Documents -> Your Uploads" tab! So, it appears that my N400 form is missing! What does that all mean, considering that it's impossible to file without N400 form! Finally, under profile, My name is incorrectly sp...

Form I-485, Application to Register Permanent Residence or Adjust Status -

Uscis.gov - USCIS August 28, 2024 at 05:12AM Form I-485, Application to Register Permanent Residence or Adjust Status Edition Date: 08/28/24. Starting Oct. 28, 2024, we will accept only the 08/28/24 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions. from RSS Feed

NVC Case FE Review note

Hi everyone, my family and I are under the F3 category and we just received a notice from NVC that our documents have been approved and that we are Documentarily Qualified. My only concern is this message that we received today in addition to the acceptance: ​ " [Name of petitioner] does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p . To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." ​ We already have a petitioner and a household sponsor (the household sponsor's income is above the required level), but still unsure why we received this. Has anyone else received this message? All of our documents say "Approved" on NVC. Does this mean we have to find another sponsor? Can we show the consular officer our ...