Federal Litigation

Prevention is the best defense. The saying also applies to filing immigration applications. It’s so much better to avoid a federal court case by relying on the expertise of an immigration attorney. But if for some reason your visa application is denied, a federal ligation lawyer is your best line of defense for getting the decision overturned. Call Kats Immigration Law in New York City to begin that process with the best federal litigation attorney.

What Do I Do if My Immigration Application is Delayed or Denied?

You most likely face numerous challenges when applying for a visa or green card. Not all applications are approved and when faced with denial or delay, you may feel confused and hopeless. In some cases, however, denials that are unjust can be challenged with the help of a federal litigation attorney.

To give yourself the best chance of success, you need an immigration attorney with experience in federal litigation. If you’re in need of a federal litigation lawyer or an attorney that’s knowledgeable about immigration appeals, family immigration or business immigration in the Brooklyn or Manhattan area, look no further than to Alina Kats at Kats Immigration Law.

What Are the Types of Federal Litigation Cases?

Federal litigation is a way to take your case to federal court and past agencies such as U.S. Citizenship and Immigration Services (USCIS). Filing a lawsuit holds USCIS and other agencies accountable for inaccurate decisions. Various types of lawsuits that can be filed by your federal litigation lawyer include:

• Mandamus lawsuit. Delays in the immigration process aren’t uncommon but some delays are unreasonable. Filing a mandamus lawsuit is a way to force a government agency to make a decision within a certain time frame such as 30 to 90 days. But getting the agency to take action doesn’t guarantee approval.
• Habeas Corpus. Immigrants are sometimes detained by Immigration and Customs Enforcement (ICE) without reason or without allowing them to go to court in a timely manner. Your NYC federal litigation lawyer can file a petition for habeas corpus, which is a way to be sure you have the opportunity to appear before a judge.
• APA litigation. Cases can be brought to federal court under the Administrative Procedures Act (APA) as a way to overcome immigration denials that were done by an agency acting improperly. A federal judge reviews the case and determines if the agency’s decision wasn’t made correctly.

When your application is delayed or denied, it’s upsetting but you may be able to fight back. Because of the complexity of immigration laws, if you’re considering filing a lawsuit, it’s essential to have the guidance of a specialized federal litigation attorney with a successful reputation.

Are There Different Categories of Immigrant Denials?

It’s very disheartening to wait months or years for a decision only to find out your application has been denied. However, government agencies are run by human beings who sometimes make mistakes. At the same time, if you didn’t rely on the assistance and knowledge of an experienced federal litigation attorney to file your immigration request, you may have made mistakes that caused your application to be denied. Immigrant denials fall into different categories including:

• Naturalization denials. A naturalization delay or denial may happen for several different reasons. It could be a minor problem such as paying the wrong fee amount or sending an application to the wrong place. More serious reasons for naturalization denials include missing appointments and deadlines, submitting incomplete information and failing to disclose criminal history.
• USCIS denials. There are several different types of denials that may happen through USCIS, such as obtaining work authorization, authorization to travel abroad, petitions for relatives and obtaining or adjusting the status of a green card.
• Consulate or Embassy denials. Denials that stop foreign nationals from entering the U.S. can happen at a U.S. consulate or embassy. In some cases, these denials also can be challenged.

Denials can have a devastating effect on families. If your application or the application of a loved one is denied, you may be banned from entering the United States and your family may be separated. If you were planning to get married, your marriage may have to be postponed. In some cases, filing a federal litigation lawsuit is a way to challenge and possibly reverse a denial.

What Are the Steps of an Immigration Lawsuit?

Discuss your situation with a reputable federal litigation attorney. After you explain the circumstances of the denial, your federal litigation lawyer gives you an expert perspective on what you should do next. If you end up filing a lawsuit, steps may be taken that include:

• Filing the complaint in federal district court, which states the facts surrounding your case and laws that support it
• Gathering evidence and documentation to support your claim
• Notifying the government agency that a complaint has been filed
• Receiving a response from the government agency, which could be a motion to dismiss
• Attempting negotiations before the case goes to court
• Scheduling a trial or hearing if there’s no agreement ahead of time
• Getting a decision from the court

Lawsuits challenging immigration denial aren’t usually time-consuming or expensive. There are no witnesses or testimony from experts. Decisions are made based on the information in your application, coupled with the expertise of your federal litigation lawyer.

How Can a Federal Immigration Lawyer Help Me?

An experienced federal litigation attorney makes the difference between staying in the U.S. and being rejected due to small errors in your application. Benefits of hiring a federal litigation lawyer include:

• Your New York immigration lawyer is thoroughly familiar with immigration laws and regulations.
• A qualified lawyer assists you with paperwork and recognizes potential errors.
• Your attorney provides knowledgeable guidance through an emotionally stressful experience.
• A federal litigation lawyer represents you in court, leading to a better outcome than if you tried to navigate the legal system by yourself.

Hiring an expert in the field of immigration law provides the expertise and guidance you need to make it through the often-confusing immigration process. In NYC, count on Alina Kats to provide the best possible representation. Contact Kats Immigration Law today. If you can’t make it to the New York office, call to arrange a virtual consultation.