Immigration law in the United States is a complex and dynamic field that affects millions of people each year. Among the various immigration procedures, the process of adjusting one’s immigration status is critical for individuals who want to transition from a temporary status (such as a visa holder) to permanent residency (commonly known as obtaining a green card). However, the process is not always smooth, and many immigrants find themselves facing challenges that can lead to delays or denials of their applications. In such cases, immigrants may find it necessary to initiate a lawsuit to challenge the decision or to compel action from U.S. Citizenship and Immigration Services (USCIS). This article provides a detailed overview of the immigration status adjustments lawsuit process in the United States.
What is Immigration Status Adjustment?
Immigration status adjustment refers to the process of changing an individual’s status from a non-immigrant (temporary) visa holder to that of a lawful permanent resident (green card holder). The process is governed by U.S. immigration laws and is typically handled by USCIS. The most common types of status adjustments involve family-sponsored immigrants, employment-based immigrants, and individuals who have been granted asylum or refugee status.
To be eligible for adjustment of status, an applicant must generally meet several requirements, including being physically present in the United States, having entered the U.S. legally, and meeting specific eligibility criteria based on their category of application. Despite meeting these criteria, complications may arise, such as prolonged delays or outright denial of the application. When these issues occur, individuals may have no choice but to file a lawsuit to resolve their situation.
Common Reasons for Immigration Status Adjustment Delays or Denials
There are various reasons why an immigration status adjustment application may be delayed or denied, prompting an applicant to consider legal action. Some of the most common reasons include:
- Administrative Delays: USCIS may take an excessive amount of time to process an application due to a backlog of cases, insufficient staffing, or the need for additional security checks.
- Request for Evidence (RFE): USCIS may issue an RFE if they believe that the application is missing necessary documentation or requires further clarification on certain points.
- Denial Based on Inadmissibility: An applicant may be deemed inadmissible due to criminal history, health-related grounds, prior immigration violations, or fraud.
- Errors in the Application: Mistakes or omissions in the application form or supporting documents can result in a denial or significant delays.
- National Security Concerns: In rare cases, USCIS may flag an application due to national security concerns, leading to additional scrutiny and potential denial.
When any of these issues arise, an applicant may consider filing a lawsuit, either to compel USCIS to make a decision (if the application has been unreasonably delayed) or to challenge a denial (if the applicant believes the decision was unjust).
Types of Lawsuits in Immigration Status Adjustment Cases
There are several types of lawsuits that can be filed in immigration status adjustment cases, depending on the nature of the problem. The two most common types are mandamus lawsuits and Administrative Procedure Act (APA) lawsuits.
Mandamus Lawsuits
A mandamus lawsuit is a legal action filed in federal court to compel a government agency (such as USCIS) to perform a specific duty. In the context of immigration status adjustments, a mandamus lawsuit is typically filed when an application has been unreasonably delayed and the applicant seeks a court order to compel USCIS to make a decision.
To succeed in a mandamus lawsuit, the applicant must demonstrate the following:
- The applicant has a clear right to the action being requested (e.g., a decision on their application).
- USCIS has a clear duty to perform the action (i.e., USCIS is required to process and adjudicate status adjustment applications).
- There is no other adequate remedy available to the applicant (e.g., the applicant has exhausted all administrative remedies).
Mandamus lawsuits can be an effective way to expedite the processing of delayed applications, but they do not guarantee a favorable outcome. The court cannot compel USCIS to approve an application; it can only compel the agency to make a decision.
Administrative Procedure Act (APA) Lawsuits
An APA lawsuit is filed when an applicant believes that USCIS has denied their status adjustment application unlawfully or arbitrarily. The APA provides a mechanism for individuals to challenge agency actions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
In an APA lawsuit, the applicant must argue that USCIS made a legal or procedural error in denying their application. For example, the applicant may argue that the denial was based on an incorrect interpretation of the law, that USCIS failed to consider relevant evidence, or that the agency’s decision was inconsistent with its own regulations.
Unlike a mandamus lawsuit, an APA lawsuit seeks to overturn a decision rather than compel the agency to act. If the court agrees with the applicant, it can remand the case to USCIS for reconsideration, or in some cases, directly order the approval of the application.
The Process of Filing a Lawsuit
Filing a lawsuit in an immigration status adjustment case is a serious and complex process that requires careful preparation and legal expertise. Below are the general steps involved in filing either a mandamus or APA lawsuit:
1. Consult an Immigration Attorney
The first and most important step in filing an immigration lawsuit is to consult with an experienced immigration attorney. Immigration law is a highly specialized field, and the outcome of a lawsuit can depend on the specific facts of the case and the jurisdiction in which the lawsuit is filed. An attorney can help the applicant determine the best course of action, gather necessary evidence, and prepare the legal arguments for the case.
2. Exhaust Administrative Remedies
Before filing a lawsuit, the applicant must ensure that they have exhausted all available administrative remedies. This means that the applicant has completed all required steps in the immigration process, such as responding to RFEs, attending interviews, and filing any administrative appeals. In many cases, a lawsuit will not be entertained by the court if the applicant has not taken these steps.
3. File the Complaint in Federal Court
The next step is to file a complaint in federal district court. The complaint is a legal document that outlines the facts of the case, the legal basis for the lawsuit, and the relief being sought (e.g., an order compelling USCIS to make a decision or overturning a denial). The complaint must be filed in the appropriate federal district, which is typically the district where the applicant resides or where the USCIS office handling the case is located.
4. Serve the Government
After filing the complaint, the applicant must serve a copy of the complaint and a summons on the appropriate government officials. This typically includes the U.S. Attorney General, the U.S. Attorney for the district in which the lawsuit is filed, and the head of the relevant agency (such as the Director of USCIS). Proper service is critical, as failure to follow the correct procedure can result in delays or dismissal of the lawsuit.
5. Government Response
Once the government has been served, it has a certain amount of time (usually 60 days) to respond to the complaint. The government’s response may take the form of a motion to dismiss the lawsuit, an answer to the complaint, or in some cases, an offer to settle the case. If the government files a motion to dismiss, the applicant’s attorney will have an opportunity to file a response, and the court will then decide whether the case can proceed.
6. Discovery and Motions
If the lawsuit proceeds past the initial stage, the next phase is discovery. Discovery is the process by which both parties exchange information and evidence relevant to the case. This may include depositions, requests for documents, and written interrogatories. During this phase, either party may also file motions, such as a motion for summary judgment, which asks the court to decide the case based on the evidence without going to trial.
7. Court Decision or Settlement
After discovery is completed and any motions have been resolved, the case may proceed to trial or be decided by the judge based on the evidence presented. In many cases, however, the lawsuit is resolved before reaching this stage. For example, USCIS may decide to process the application or reconsider its decision in response to the lawsuit, leading to a settlement. If the case does go to trial, the judge will issue a final decision, which may include ordering USCIS to take specific action or remanding the case for further review.
Potential Outcomes of a Lawsuit
The outcome of an immigration status adjustment lawsuit can vary depending on the specific circumstances of the case. Some potential outcomes include:
- Compelled Decision: In a mandamus lawsuit, the court may order USCIS to make a decision on the application if it finds that the delay was unreasonable.
- Reversal of Denial: In an APA lawsuit, the court may overturn USCIS’s decision and remand the case for further consideration.
- Approval of Application: In some cases, the court may order USCIS to approve the application if it finds that the agency acted unlawfully in denying the request.
- Dismissal of the Lawsuit: If the court finds that the applicant has not met the legal requirements for a lawsuit, the case may be dismissed.
Conclusion
The process of adjusting one’s immigration status can be challenging, especially when faced with delays or denials. When administrative remedies have been exhausted and no resolution is in sight, filing a lawsuit may be the best option for an immigrant seeking to secure their future in the United States. Understanding the different types of lawsuits available, the process of filing a lawsuit, and the potential outcomes can help individuals make informed decisions about how to proceed with their immigration status adjustment.
However, it is important to recognize that immigration law is complex, and the outcome of a lawsuit is never guaranteed. Anyone considering legal action in an immigration case should seek the advice of an experienced attorney who can provide guidance and representation throughout the process.
