Chicago Federal Litigation and Immigration Delay Attorneys

When Your Case Feels Stuck, We Can Help You Find Options

Waiting on an immigration decision can make you feel like your life is on hold. Months turn into years. You send inquiries, schedule InfoPass appointments, write letters, and even reach out to your member of Congress, yet your application seems frozen in place. If your case is trapped in the system because U.S. Citizenship and Immigration Services (USCIS) has failed to act, you may have a powerful tool available: federal litigation.

When an agency sits on a decision for an unreasonable amount of time, you can ask a federal court to step in. This is not about jumping the line or bending the rules. It is about holding the government accountable for doing its job. At Minsky, McCormick & Hallagan, P.C., our attorneys have guided clients from across the country and around the world through the most complex components of immigration law, including federal court actions against USCIS. We know how draining a long delay can be, and we treat every case with the urgency it deserves to get your immigration case and your life back on track.

Who We Can Help

Unreasonable delays can impact any type of case at any point. Our firm can assist:

• Green card applicants left waiting for years after filing
• Naturalization applicants stuck after the interview whose case has passed the 120-day mark
• Family petitioners watching a Form I-130 stall
• Asylum seekers facing endless silence on their application
• Applicants caught in “administrative processing” or ongoing background checks
• Professionals whose delayed case threatens their job and their future

While federal litigation may not be appropriate for every case, it can be the right step for many. Our team is here to help you make that determination and move you forward.

Federal Litigation and Its Role in Immigration Law

When your case is delayed by the government’s failure to issue a decision, you may be able to sue USCIS in federal district court. This type of lawsuit asks the court to compel the agency to act, and it is typically filed under one of two laws:

• The Mandamus Act, which allows a court to order a government official to perform a duty they owe you.
• The Administrative Procedure Act (APA), which lets you challenge agency action that has been unreasonably delayed.

Applicants across many case types may pursue this route, including those with pending Form I-130 petitions, green card applications, asylum claims, naturalization applications, and more. The goal is straightforward: demand a response and get your case moving again.

Special Rules for Naturalization

Naturalization cases come with added protections that can work in your favor:

• The 120-day rule. If USCIS does not issue a decision within 120 days of your naturalization interview, you may sue in federal district court. Doing so can effectively transfer your case to a federal judge for a final decision.
• No interview scheduled. If you have waited an unreasonable time and have not been called for an interview at all, you may still sue to compel a decision.
• Federal review after an N-336 denial. If your naturalization application was denied, you filed Form N-336 for a hearing, and USCIS continued to deny it, you may take your case to federal court. This places the decision in the hands of a federal judge.

Each of these circumstances carries its own requirements and timing, so it helps to have an experienced attorney review your circumstances before you file.

Why Trust Us to Represent You in Federal Litigation?

• Immigration Law Focus: Our firm has practiced U.S. immigration and nationality law exclusively since 1975, including complex federal litigation matters.
• Clear, Thoughtful Communication: We explain the process and your options in plain language, keeping you informed at every stage from filing to resolution.
• Timely, Decisive Action: When unreasonable delay is the problem, we move quickly to file in federal court and protect your rights to a timely decision.
• A Team That Has Your Back: We are committed to leveraging every available legal avenue, including federal court, to help families move forward and reach the outcomes they have worked so hard to achieve.

Helping You Move Your Case Forward

A stalled immigration application does not have to be what defines your future. If your case has been delayed for far too long, the attorneys at Minsky, McCormick & Hallagan, P.C. can help you understand whether federal litigation is the right step and guide you through it with confidence.

Call our downtown Chicago office at (312) 427-6163 or contact us online today to discuss your case with a dedicated immigration attorney. Let our more than five decades of focused legal experience work for you and your family.

FAQs about Federal Litigation and Immigration Delay in Illinois