Immigration Litigation Services

 
 

When your immigration or visa application has been pending for an extended or unreasonable period, you may feel frustrated and uncertain about your next steps. In such cases, you have the option to initiate legal action against the government to compel movement on your case. This legal action is known as a Writ of Mandamus or Mandamus Action, and it is filed in federal district court to prompt the government agency to take action on your pending petition or application.

At Sharma Law Associates, we help individuals and businesses navigate the complex legal process involved in immigration litigation. Our experienced team is here to simplify legal jargon, provide expert guidance, and offer strategic advice to ensure the best possible outcome for your case.

What is a Writ of Mandamus?

A Writ of Mandamus is a legal remedy used to compel a government agency, such as U.S. Citizenship and Immigration Services (USCIS), to make a decision on your pending immigration application or petition. If your case has been delayed unreasonably and the government has not acted within a reasonable timeframe, filing a Writ of Mandamus can force the agency to take action.

It is important to note that a Writ of Mandamus does not guarantee approval of your application. It simply compels the government to act, meaning they must either approve or deny your case.

When Should You Consider Immigration Litigation?

You may want to consider immigration litigation, such as filing a Writ of Mandamus, if:

  • Your visa or immigration application has been pending with no resolution for an extended period, usually beyond the expected processing time.

  • USCIS, the Department of State, or another government agency is delaying action on your case without providing clear reasons or updates.

  • Delays are affecting your ability to live, work, or reunite with family members in the U.S.

  • Administrative processes are preventing you from moving forward with your business or personal plans related to immigration.

Our Immigration Litigation Services

At Sharma Law Associates, we offer a range of litigation services tailored to your immigration needs. Our team will assess your case in detail, identify any roadblocks, and determine the best course of action. Our services include:

  1. Case Review and Analysis:

    • We thoroughly examine your pending immigration case, including the type of application, the reasons for delays, and any correspondence with government agencies. This helps us identify whether filing a Writ of Mandamus is the right step for you.

  2. Filing a Writ of Mandamus:

    • If your case qualifies, we file a Mandamus Action in federal court to compel USCIS or other government agencies to take action on your pending application. Our team handles all legal documentation and representation.

  3. Representation During Litigation:

    • We provide comprehensive legal representation throughout the litigation process, including filing briefs, attending hearings, and communicating with government attorneys on your behalf.

  4. Resolution of Administrative Delays:

    • Our goal is to resolve unnecessary delays so that your immigration case can proceed efficiently. Whether it's pushing for a decision on your visa, green card, or other immigration petitions, we ensure that your rights are protected throughout the process.

Benefits of Immigration Litigation

  • Expedited Decision: Filing a Writ of Mandamus can push the government to act faster on your case, helping you avoid further delays.

  • Accountability: Immigration litigation holds government agencies accountable for unreasonable delays, ensuring that they do not overlook or mismanage your case.

  • Access to Legal Expertise: With our experienced team handling your case, you’ll have the support and guidance needed to navigate complex legal procedures.

  • Clarification and Communication: If your case has been pending without explanation, filing a Writ of Mandamus can force the government to provide more information on the status of your case.

Why Choose Sharma Law Associates for Immigration Litigation?

At Sharma Law Associates, we have extensive experience handling immigration litigation, particularly in cases involving delayed or stalled applications. Our team provides:

  • In-depth case analysis to determine whether immigration litigation is the right option for you.

  • Skilled legal representation in federal court, ensuring that your case is presented clearly and persuasively.

  • Personalized service that focuses on your unique situation, keeping you informed at every stage of the litigation process.

If you’re dealing with unreasonable delays in your immigration case, our team is ready to assist you in moving your case forward. Contact Sharma Law Associates today for a detailed consultation and to explore your legal options.

 

Frequently Asked Questions (FAQs)

  • A Writ of Mandamus is a legal order from a federal court requiring a government agency to take action on a pending application or petition. It does not guarantee approval but ensures that the agency makes a decision.

  • While there is no specific timeline, most applicants consider litigation after their application has been pending for a significant period, typically beyond the normal processing times published by USCIS or other government agencies.

  • No, a Writ of Mandamus does not affect whether your case will be approved or denied. It only compels the government to take action, meaning they must either approve or deny the application.

  • Not all delays warrant a Writ of Mandamus. The delay must be unreasonable, and there must be no valid reason provided by the government for the delay. Our team will assess your situation to determine if litigation is appropriate.

  • After filing a Writ of Mandamus, the government typically responds by taking action on the pending application or petition. In many cases, the government will prioritize reviewing and processing the application to avoid litigation.

  • The timeline can vary depending on the complexity of the case and the government’s response. However, once a Writ of Mandamus is filed, the government usually takes action within 60-90 days to avoid continued legal proceedings.

  • No, other legal actions may be available depending on the specifics of your case. Our team will evaluate your situation and recommend the best course of action, which could include a Mandamus Action or other forms of immigration litigation.