We have decades of experience litigating in federal court before the federal district courts and circuit court of appeals across the country. Cases will arrive in the federal circuit court of appeals after a decision is issued by the Board of Immigration Appeals. They are most often referred to as Petitions for Review, and they can be very complicated both procedurally and substantively, so it is imperative that you hire an attorney well-versed in the federal court system and immigration. The circuit courts are extremely strict with respect to filing deadlines, the way petitions are filed, and the language that must be included in all filings.
We also assist our clients with overcoming issues related to long-pending applications before U.S. Citizenship and Immigration Services, and these types of cases are typically filed before the federal district courts. Whether it is a green card or naturalization application, an application pending before a U.S. consulate abroad, an employment-based, or any other type of application that has been pending beyond normal processing times, federal court action has become a very viable way to circumvent these issues.
A variety of complaints can be filed in federal court, including a mandamus action, declaratory judgments, petition for hearing on naturalization, and habeas corpus petitions. The purpose of a mandamus complaint is to force USCIS to issue a decision where there has been an unreasonable delay in the adjudication of an application. A declaratory judgment action is for requesting that a judge make a declaration on a particular issue. A petition for hearing on naturalization can be filed if a decision has not been made on a naturalization application within 120 days of appearing for an interview. A habeas petition is reserved for specific circumstances in which an individual is being unreasonably detained by the U.S. government, and there is no viable course of action before an immigration judge.
Filing a lawsuit against the U.S. government and appearing in federal court can be very daunting, and it is important that an attorney is very experienced in this field in order to take on the task. We are a team of seasoned attorneys that regularly practice in the federal court arena. Kuck Immigration is also known for taking on the most complicated and unique cases, which often times would be left without resolution for an indefinite period of time.