Skip to main content

Immigration Litigation Tip When Fighting Unreasonable Delays

Cases filed in federal court to force the government to decide a long-delayed application for immigration benefits are usually known as "Mandamus Cases" because they are brought under a law called the Mandamus Act (or Writ of Mandamus). But it's best to include in your complaint a claim under the Administrative Procedure Act (APA) as well. These two laws significantly overlap on delay cases. However, it's best to have both of them in your complaint because some courts have refused to act on just the Mandamus claim, saying an "alternate remedy" exists (meaning, there's another way to get what you want). These courts have said that the APA is an adequate "alternate remedy." Save yourself the trouble, risk and expense of an unnecessary dismissal and include both Mandamus and APA in your complaint.

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

source https://www.reddit.com/r/immigration/comments/r7bum3/immigration_litigation_tip_when_fighting/
Labels:

Popular posts from this blog

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 ...
Read more

Form G-325A, Biographic Information (for Deferred Action) -

Uscis.gov - USCIS October 25, 2023 at 07:21AM Form G-325A, Biographic Information (for Deferred Action) Edition Date: 10/25/23. Starting Nov. 13, we will only accept the 10/25/23 edition. Until then, you can also use the 08/30/22 edition. You can find the edition date at the bottom of the page on the form and instructions. from RSS Feed
Read more

DS-260 Have you ever attended any educational institutions at a secondary level or above?

Ok so I’m not sure what to put down here, I have a high school diploma and currently attending college! So for the occupation part for a previous question I put down the school I go to and address, however I am uncertain what to put down here, I put my high school start and end date but do I also include the college? Because it says highest level of education COMPLETED but also in the drop down menu there is an option that says UNIVERSITY,NO DEGREE which if I do choose then I will have to fill out the school information and then a start date and an end date which I still do not know this is the only question I’m struggling will and have looked into it but no straightforward answer! I hope you guys can help submitted by /u/AlarmingUmpire3 [link] [comments] source https://www.reddit.com/r/immigration/comments/j2eni9/ds260_have_you_ever_attended_any_educational/
Read more