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Federal Litigation and Immigration Delay
Federal Litigation and Immigration Delay Lawyers in Chicago
My case has been delayed for years; what can I do?
This is a common question in our consultations. Sometimes, applications appear “stuck” in the U.S. immigration system, with years of waiting and endless inquiries, letters, InfoPass appointments, and even Congressional liaison support. An applicant for immigration benefits who is experiencing a serious delay in their case due to government failure to issue a decision may be able to sue U.S. Citizenship and Immigration Services (USCIS). This is a lawsuit to compel the agency to act, and it is filed in federal district court. Such lawsuits are filed pursuant to the Mandamus Act or the Administrative Procedures Act (APA). Petitioners for Form I-130, green card applicants, asylum applicants, naturalization applicants, and others may take this action to demand a response from USCIS.
Special rules for naturalization
Applicants for naturalization are entitled to a decision on their application within 120 days after their interview. If a decision is not issued by that date, the applicant may sue USCIS in federal district court, effectively transferring the case to a federal judge for a final decision.
If a naturalization applicant is not called for an interview, the applicant may still sue for a decision as described above.
It is possible to “appeal” a denied naturalization application in a federal district court. If the applicant has already filed Form N-336 for a hearing on the denied application, and if USCIS continues to deny the application, the applicant may sue USCIS in federal court. This effectively transfers the case to a federal judge for a final decision.
FAQs about Federal Litigation and Immigration Delay in Illinois
FAQs about Federal Litigation and Immigration Delay in Illinois
What is a mandamus lawsuit in the context of immigration?
A mandamus lawsuit is a legal action filed in federal court to compel a government agency, like USCIS, to perform its duty and make a decision on a long-delayed immigration application.
How long is too long for my immigration case to be pending?
While processing times vary, a delay is generally considered unreasonable if it significantly exceeds the average processing times published by USCIS without any justification. If your case has been pending for years, it may be time to consider legal action.
Can I file a mandamus lawsuit for any type of immigration case?
Yes, you can file a mandamus lawsuit for most types of delayed applications, including family-based petitions (Form I-130), adjustment of status (green card applications), naturalization (Form N-400), asylum, and employment-based visas.
Will suing USCIS hurt my immigration case or make them deny it?
No. Filing a lawsuit is a legal right. It is unlawful for USCIS to retaliate against an applicant for exercising this right. The goal of the lawsuit is not to get an automatic approval, but to force the agency to make a decision, either an approval or a denial, based on the merits of your case.
What evidence do I need to prove my case has been unreasonably delayed?
Key evidence includes your application receipt notice, evidence of the standard processing times, records of any inquiries you have made (e.g., through InfoPass, ombudsman, or congressional office), and any responses from USCIS.
What if my case is stuck in "administrative processing" or "background checks"?
Indefinite delays due to administrative processing or security checks are a common reason for filing a mandamus lawsuit. A lawsuit can compel the government to complete these checks and move your case forward.
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A huge thank you to Senior Attorney Anna Buskila for her professionalism, warmth, and incredibly smart approach. I spent a long time looking for the right attorney to handle our complex case. We were applying for my husband’s visa (I’m a U.S. citizen, and he’s from Ukraine)....
I am extremely impressed and grateful for the outstanding service provided by Attorney James and his team. James successfully handled my father's immigration petition, and the case was approved in less than 5 months—a result that pleasantly surprised me. A special thanks to Luis, who was consistently...
I would like to thank Amanda Rizzo and Arely Rojas for helping us get my Father's green card. They were very very helpful. I am so Thankful. I definitely recommend them. They always answered any questions we had within minutes. Arely always answered questions I had and...
I want to thank MINSKY McCORMICK & HALLAGAN, p.c. and their entire team of successful attorneys and assistants. In 2020, right before the COVID-19 pandemic, we started our process. I know it was delayed a bit because of COVID, but now in July 2025, we achieved it!...
Awesome team to work with—super professional, straight to the point, and always willing to go the extra mile to get things done.
I cant thank enough Juan Camilo and Robert for their incredible work. Robert’s expertise and guidance were invaluable, and Juan Camilo went above and beyond with his professionalism, dedication, and attention to detail. He was always on top of everything, super supportive, and handled a really difficult...
I received the most professional guidance, client relations was super, communication with clients highly satisfying. Above all their team coordination highly commendable. Legal team's were dexterous in the job. I highly recommend them for any immigration issue.
Tahreem and her Team is the best in business. This is not a paid review. This is based on my many year of experience with them. Apart from professionalism and exception depth of knowledge in the field, they are always compassionate listening to the clients need, reachable...
I am beyond grateful to Attorney Hallagan and his team, especially Luis Borrero, who was always attentive to my case, guiding me through my immigration process with exceptional professionalism, clear communication, and genuine concern for my situation. They were always available to answer questions, kept me informed...
I am so grateful to the firm of Minsky McCormick & Hallagan, P.C. for their help with my immigration case. I was looking for someone to listen to me and I found someone who helped me... Thank you to Attorney James Hallagan and his legal assistant Luis...
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