Federal litigation

Protecting your rights at the federal level.
Mandamus actions for delayed decisions on petitions and applications filed with USCIS
These are legal actions filed in federal court to force USCIS to make a decision on a petition or application (such as for a visa, green card, or naturalization) that has been unreasonably delayed. The court cannot dictate the outcome of the decision, but it can order the agency to take action.
Petitions to review applications for naturalization pursuant to INA 336(b)
If USCIS denies a naturalization application (Form N-400) or fails to make a decision within 120 days after the naturalization interview, the applicant may file a lawsuit in federal district court. The court then has the authority to review the case and make a decision on the application.
Petitions for Review to U.S. Circuit Courts of Appeals
These are appeals filed in federal appellate courts (such as Circuit Courts) to challenge decisions made by immigration authorities, such as the Board of Immigration Appeals (BIA), or other agencies. They typically involve deportation (removal) orders or denials of immigration relief.
Stays of Removal
This is a temporary measure requested from the court or immigration authorities to halt the execution of a removal (deportation) order while an appeal, motion, or other legal action is pending. A stay may be granted if there is a risk of irreparable harm or if the case has a likelihood of success.
Petitions challenging USCIS decisions under the Administrative Procedures Act
The APA allows individuals to file lawsuits in federal court if a USCIS decision is believed to be arbitrary, unlawful, or procedurally improper. These challenges may involve denials of applications or unreasonable delays in cases where a mandamus action may not be appropriate.
Equal Access to Justice Act fee applications
If an applicant prevails in a case against USCIS or another federal agency (such as in a mandamus or APA lawsuit), they may request reimbursement for attorney’s fees and litigation costs under EAJA—provided that the government’s position was not substantially justified.
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When your immigration case requires action in federal court, having an experienced legal team by your side is essential. Our skilled federal litigation attorneys are well-versed in handling complex immigration disputes and have successfully represented clients in cases involving mandamus delay litigation, challenges to unjustly denied immigration applications, and appeals in U.S. Circuit Court against decisions from immigration courts and the Board of Immigration Appeals (BIA).

We recognize that many immigration applicants face unreasonable delays and wrongful denials from USCIS and immigration courts. Our firm has a proven record of success in federal court litigation, including strategic case planning, negotiations with government counsel, briefing complex legal arguments, and delivering compelling oral advocacy before federal judges. We have represented clients in U.S. District Courts and U.S. Circuit Courts nationwide, securing favorable judgments and precedent-setting decisions for those impacted by government inaction or unjust denials.

If you are considering taking your immigration case to federal court, it is crucial to have attorneys who understand the unique rules and procedures of federal litigation. Our legal team brings extensive knowledge and experience to every case, ensuring that our clients receive strong, results-driven representation.

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It is a legal process in U.S. federal courts related to immigration matters, such as challenging USCIS denials, immigration detention, or unreasonable delays (mandamus).

When administrative options are exhausted or ineffective—such as after a USCIS denial, prolonged inaction on a case, or violations of the applicant’s rights.

It is a lawsuit filed in federal court to compel a government agency (like USCIS) to make a decision on a case that has been unreasonably delayed.

Yes, in certain cases—especially if the denial is unlawful, exceeds the agency’s authority, or is arbitrary and capricious.

Often yes. Before filing in federal court, the applicant must exhaust available administrative remedies (e.g., appeal to the AAO or filing Form N-336).

It is highly recommended. Federal litigation is complex and requires adherence to strict procedures and deadlines.

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    LEX VERITAS LLC
    We help you navigate the complexities of US immigration law.
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    lexveritasllc@gmail.com
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