Some immigration disputes require litigation. If you believe the federal government has unlawfully delayed, denied, or mishandled an immigration matter, a Roswell immigration lawyer can help you take legal action.
Mendoza Law has been advocating for immigrants since 2016. If your visa application has been unlawfully delayed or denied, or you have been unlawfully detained, a federal immigration litigation lawyer in Roswell can take on your case and help you pursue a lawsuit.
How a Roswell Federal Immigration Litigation Lawyer Can Help
Immigration litigation requires a strategic approach.
Depending on your situation, a Roswell federal immigration litigation lawyer can:
- Evaluate your options: A lawyer can determine whether a federal lawsuit may be appropriate based on the agency involved, the type of immigration matter, and the relief you are seeking.
- Challenge unreasonable delays: A lawyer can assess whether your immigration application or petition has been delayed for an unreasonable amount of time and whether litigation may be an option.
- Prepare federal pleadings: A lawyer can prepare the complaint and supporting documents required to initiate a federal case.
- Communicate with government attorneys: A lawyer can communicate with the appropriate federal agencies or government attorneys and present arguments on your behalf.
- Seek relief: A lawyer can ask the court for legally available relief.
- Protect your rights: A lawyer can help ensure that all filings, deadlines, and procedural requirements are addressed throughout the litigation.
What Is Federal Immigration Litigation?
Federal immigration litigation refers to lawsuits involving immigration-related disputes that are brought in federal court. Federal courts are separate from immigration courts and from agencies such as U.S. Citizenship and Immigration Services (USCIS).
You may pursue a lawsuit if you believe a federal agency has failed to perform a required duty, unreasonably delayed a decision, or taken an action that violates federal law.
One common example involves an immigration application that has remained pending for an unusually long period. In some circumstances, you may ask a federal court to require the agency to take action on the pending matter. The purpose of this lawsuit generally is not to force the government to approve your application, but to seek a decision.
When Can You File an Immigration Lawsuit?
Generally, you can file an immigration lawsuit in federal court when there is a legal basis for asking a federal judge to review a government action or failure to act.
You may be able to sue if your case involves:
- Unreasonable immigration delays: You may be able to seek federal relief when USCIS or another federal agency has failed to make a decision within a reasonable period under the circumstances.
- Unlawful agency action: You can challenge certain actions by a federal immigration agency if the agency acted outside the authority granted by federal law.
- Failure to perform a required duty: You can bring a mandamus or similar action if a government official has failed to perform a nondiscretionary duty required by law.
- Certain detention disputes: You can seek federal court review of particular issues involving immigration detention.
- Certain constitutional violations: You can pursue a federal claim if immigration-related government conduct violated constitutional rights.
- Reviewable agency decisions: You may be able to challenge certain immigration-related agency decisions when federal law permits judicial review.
Not every immigration disagreement can be taken directly to federal court. Some matters have mandatory administrative appeals or other review procedures.
What Happens After a Federal Immigration Lawsuit Is Filed?
A federal immigration lawsuit generally begins when you file a complaint in the appropriate federal district court. The complaint explains the relevant facts, identifies the legal basis for your lawsuit, and states the relief you are requesting.
The federal government then has an opportunity to respond. Depending on the case, the government may file an answer, a motion to dismiss, or another response. The parties may submit written arguments addressing whether the court has jurisdiction and whether you are entitled to relief.
In some delayed-application cases, the government may take action on the immigration matter after the lawsuit is filed. In other cases, the litigation continues until the court resolves the dispute.
How Long Does an Immigration Lawsuit Take?
There is no universal timeline for a federal immigration lawsuit. The length of a case can depend on the court, the government agencies involved, and whether the government takes action after litigation begins.
Some cases may move relatively quickly, especially if the underlying immigration matter is already ready for adjudication and the government decides to resolve the delay. Other cases may require additional briefing and court proceedings.
It is also possible for the government to respond to a lawsuit by taking action on the underlying immigration application. If that happens, the original dispute may change or become moot. This is why it’s important to work with a federal immigration litigation attorney in Roswell.
Talk to a Federal Immigration Litigation Attorney in Roswell
If your visa has been unfairly delayed or denied, or someone you know has been wrongfully detained, you may have grounds for a lawsuit. A Roswell federal immigration litigation attorney from Mendoza Law can evaluate your case, break down your options, and, if appropriate, help you file a federal lawsuit.
Call now to find out whether you have a valid lawsuit.