Immigration Delay Litigation Process in Houston

As anyone who has filed an immigration petition knows, the process is complex and time-consuming. If you need to file a lawsuit to resolve any slowdowns, the immigration delay litigation process in Houston will inevitably present further challenges.

If your petition’s processing has stalled, the experienced immigration delay attorneys at Monty & Ramirez LLP could represent you in a lawsuit to revive your case. Our results-oriented and cost-effective approach to litigating immigration delays could give your petition the best opportunity to get back on track and see action from the United States Citizenship and Immigration Services (USCIS) office.

When Can You Litigate an Immigration Delay?

A federal court will generally not entertain litigation over an immigration delay if you have not first attempted other procedural alternatives, such as making a formal inquiry into the progress of your case or seeking assistance from a Department of Homeland Security ombudsman. Further, the court could dismiss a litigation delay lawsuit if your case is still moving forward within normal processing times, which are typically between 12 and 18 months from your filing date.

However, if you have sought to advance your case through administrative channels and your inquiries have gone nowhere, you should consult a knowledgeable lawyer to initiate the litigation process on your behalf. A Houston attorney who has substantial experience in immigration delay litigation, such as the lawyers at Monty & Ramirez LLP, would aim to file the strongest lawsuit possible to force USCIS to take action.

What Kind of Lawsuit Could an Attorney File?

A Houston immigration delay attorney could file a federal lawsuit under two alternative processes. The first is a Writ of Mandamus lawsuit, in which you ask a federal court to issue an order to USCIS or a consulate to respond to your immigration petition. The other option is an Administrative Procedures Act (APA) lawsuit. This allows you to challenge USCIS procedures with claims that the agency has failed to follow its own internal timing and rules for processing your petition.

Your attorney may likely include both claims processes in a single lawsuit to give your immigration delay challenge the best opportunity to move your petition forward. Once filed, the government can move to dismiss it with arguments that the delays in processing your petition are not unreasonable. Alternatively, the government might concede that a delay is excessive and seek to resolve the challenge by scheduling an interview or taking other steps to prevent further delays.

In any case, the government will generally provide some response to your lawsuit within 60 days, and, under ideal circumstances, the court should resolve the delays within three to six months.

Can Immigration Delay Litigation Force Positive Action on a Petition?

Neither a Writ of Mandamus nor an APA claim will guarantee USCIS approval of your immigration petition, and the litigation process in a Houston federal court can only address unreasonable delays. Furthermore, immigration litigation will not overturn a decision that the USCIS or a consulate has made within its discretionary authority or act as a substitute for a direct appeal to the denial of your immigration petition.

You will need help from an immigration attorney if you need to challenge a discretionary decision or file an appeal regarding an unfavorable response to your petition.

Call Our Houston Immigration Delay Attorneys for Help with the Litigation Process

For more information about the immigration delay litigation process in Houston and an assessment of how litigation might help advance your delayed petition, contact Monty & Ramirez LLP today to schedule a consultation with one of our lawyers. We are proud of our Latino heritage and have represented and guided clients through immigration delay litigation for more than 25 years. We offer a client-focused and cost-effective approach that reflects our reputation for grit and integrity.