In some cases it may be beneficial or necessary to sue the government in federal court if it is taking unreasonably long to decide an application, USCIS or some other agency has made a legally incorrect decision, or a person is being detained by Immigration & Customs Enforcement in violation of the law.
In cases where a person believes that USCIS is taking an unreasonably long time to process an application or petition, a writ of mandamus may be filed in federal court. This is a highly complicated area of law so the firm strongly recommends a consultation before filing such a lawsuit.
An applicant for naturalization may file a federal lawsuit if USCIS has not decided the application within 120 days of the date of the naturalization interview.
In certain cases, a person whose immigration application was denied by USCIS may have a basis to file a lawsuit under the Administrative Procedures Act (“APA”). Because a lawsuit under the APA is not easy the firm strongly recommends a consultation before proceeding with such a lawsuit.