Montgomery County Immigration Delay Lawyer
Immigration delays may cause a great deal of heartache and worry in MoCo. It can be difficult to know whether a delay is due to factors out of your control, like volume and quotas, or whether a delay is caused by a lost file, missing information, or another issue which should be addressed quickly to avoid further delays.
A Montgomery County immigration delay lawyer may be able to help with delays. An experienced immigration attorney who understands the visa process may be able to investigate and determine the cause of the delay as well as the options for addressing the delay.
Filing a Writ of Mandamus
There are many methods of handling a delay in immigration. A MoCo immigration delay lawyer may advise the use of a writ of mandamus. Government agencies such as U.S. Citizenship and Immigration Services (USCIS) are required to fulfill their assigned tasks within a “reasonable” time, and when they fail to do so, federal laws give citizens the right to file a lawsuit.
A writ of mandamus lawsuit essentially asks a court to force the agency to take action, such as making a decision on an immigration petition or visa application. The writ of mandamus does not address the outcome of the decision. In other words, applicants cannot seek to have an application approved through this method, but only to end the delay and have a decision made one way or the other.
A writ of mandamus is not proper until a delay becomes unreasonable and the definition of unreasonable delay will vary tremendously according to circumstances. An experienced immigration lawyer can evaluate the situation to determine whether a delay might meet the legal qualifications and whether a writ of mandamus might help or hinder a particular case.
Specific Judicial Relief for Naturalization Delays
Federal laws also provide a specific legal right to file a lawsuit where someone seeking naturalization encounters a delay. Under 8 U.S.C. §1447(b), if the government fails to reach a decision on an application for naturalization within six months, the applicant has the right to file a lawsuit in U.S. district court in the district where the applicant lives.
Unlike the situation with a writ of mandamus, in a lawsuit under §1447(b), the court is given the authority to decide on the outcome of the application itself. Or the court may remand the issue to the appropriate federal agency with instructions.
Talk to a MoCo Immigration Delay Attorney Today
Delays in immigration proceedings may be caused by numerous circumstances. A file may have been set aside when the employee processing the application had a question, and the application may have been become lost in the shuffle. Or an essential form may have been mailed to the wrong address. On the other hand, a delay may be due to a high volume of petitions or applications, particularly if there have been petitions submitted for priority processing ahead of yours.
While some delays are unavoidable, others can be remedied. A knowledgeable Montgomery County immigration delay lawyer can determine whether your delay is due to unusual circumstances, if so, what your options are for taking action.
A consultation with an immigration lawyer can give you peace of mind and ease some of the uncertainty that goes along with immigration delays. For a consultation to see what may be possible in your case, call now.