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Newly arrived immigrants and immigration applicants are often taken advantage of and are not given the proper respect and legal rights that they deserve. In association with the law office of Tom Kiley Law we provide free legal advice and other public services to ensure that you get the legal protection guidance you need.

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How To Handle Immigration Delays

Immigration delays are more than just a little frustrating, and the USCIS doesn’t make it easier. For many immigrants looking to become American citizens it will require legal action in order to move their cases along, and this is what you need to know to make it happen.

There Are Laws On Your Side

Even though the USCIS will have their reasons for delaying the immigration process, there are laws you can enforce. With these laws intact, you can go to a federal court and state your case. If the judge agrees with you, he or she will order the USCIS to get the case settled.

How Can You Enforce Them?

There are several ways you can approach this problem, and they include:

– Waiting More Than 4 Months

After your neutralization interview has been done, the USCIS has 120 days to act. Within this time they either have to approve or reject the application. If it happens that they don’t act within the given time frame, you can go to federal court. From there two things can happen. The judge will handle the neutralization, or order the USCIS to get it done without any more delays.

– Waiting For Neutralization Interview

There are situations where the USCIS outright refuse to put immigrants through a neutralization interview. If this is the case, you have every right to approach a federal court judge and force the USCIS to take action.

How To Handle Immigration Delays

– Government Agencies Are Bound By The Law

It’s stated that government agencies, including the USCIS, have to prioritize and handle cases within a reasonable amount of time. Thanks to the rules and regulations they have to follow by law, it makes it easier for you to get help from a federal court.

Thus far there have been many successful cases regarding green card delays and other immigration complications. But for the most part government officials don’t want federal judges interfering with their work, which means the mention of suing USCIS is usually enough to get a reaction out of them.

Filing The Lawsuit

Once the lawsuit has been filed, a notice will be sent to three specific people – the head of USCIS and Homeland Security, along with the district director for immigration services. Usually this will be enough to spark a quick reaction, because the USCIS has two months to respond, otherwise the case goes to court.

The Risk Of Filing A Lawsuit

One thing you always have to keep in mind is that a lawsuit against the USCIS doesn’t count in your favor. Your immigration status is still in their hands, which means they can still deny it after being forced to take quicker action. Are you prepared to face these consequences?

You have to decide whether it’s worth the risk, because there are individuals who have waited years to get their immigration status sorted out. There’s no guarantee that you’ll get the results you’re looking for, but sometimes it’s necessary to take further action.

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