If you or a loved one wishes to pursue a life in the United States through the immigration process, you may encounter delays or wrongful denials of your applications. Pursuing litigation can allow you to challenge the actions and decisions of federal agencies, but the processes involved in civil litigation and the complex nature of immigration law can present considerable difficulties.
The good news is that an experienced immigration attorney can provide the support and guidance you need and improve your likelihood of reaching a successful outcome. Gambacorta Law is here to advocate for you in litigation over your immigration matter. Contact our law office today for a free case evaluation with a compassionate immigration attorney serving Chicagoland to learn more about your legal options.
Most immigration matters go through an administrative process handled by U.S. Citizenship and Immigration Services (USCIS). However, immigration officials sometimes unreasonably delay an immigrant’s applications, violate their civil rights during administrative proceedings, or render an unfavorable decision in their case. In these situations, an immigrant may pursue litigation seeking judicial review in the federal courts.
Some of the most common reasons why litigation occurs in immigration cases include:
When litigation becomes necessary in an immigration case, you or your loved ones need a lawyer with in-depth knowledge of immigration law and extensive courtroom experience, including familiarity with the Rules of Civil Procedure and Rules of Evidence that govern federal court proceedings. A seasoned lawyer who regularly handles immigration litigation will understand the strategies needed to present a compelling case on behalf of an immigrant.
Gambacorta Law manages a wide range of litigation matters in immigration cases in federal court.
Individuals who have petitioned for family-based immigration may pursue mandamus actions in federal court to challenge extreme delays in the processing and approval of petitions, such as family- or marriage-based green card applications, consular processing, or naturalization applications. When an applicant has a clear right under federal immigration law to a decision, a mandamus action can compel the government to act on their immigration application.
It may be necessary to file a complaint in federal court to challenge wrongful denials of family-based immigration petitions by federal officials, such as:
Immigration officials may detain a foreign national subject to removal proceedings. In some cases, they may prolong their detention due to delays in proceedings or deny them a bond hearing to secure their potential release. A foreign national or their family may work with a lawyer to file a petition for writ of habeas corpus in federal court to compel the government to release them or to provide them with a bond hearing, especially in cases where federal law does not authorize their mandatory detention.
Litigation may also occur in an administrative proceeding before an immigration judge. Such litigation typically involves defending against removal from the U.S. Common types of administrative litigation in immigration proceedings include:
Our law firm serving Chicagoland also represents immigration applicants in motions and appellate practice before the Board of Immigration Appeals and in the federal circuit courts. Proceedings before the Board of Immigration Appeals challenge rulings by an immigration judge, including in removal proceedings or in family-based immigration applications. Administrative appeals to the BIA seek to correct legal errors or improper evidentiary rulings made by an immigration judge. BIA proceedings may also involve motions to reopen proceedings or motions for reconsideration, based on new evidence such as a foreign national’s marriage to a U.S. citizen, an approved I-130 Petition for Alien Relative, or documentation of hardships that would occur due to a foreign national’s removal.
Foreign nationals can challenge unfavorable decisions by the BIA by appealing to the U.S. Courts of Appeals. Appeals to federal circuit courts frequently raise claims based on due process violations, misapplications of law by an immigration judge and the BIA, and improper denials of family-based relief from removal.
Many Chicagoland families encounter delays or denials in their immigration cases due to problems with paperwork, background checks, or earlier immigration issues. Our lawyers can help you regain control after these types of setbacks by reviewing every detail of your case and developing practical solutions. You can count on us to identify the source of the problem, gather the records that immigration authorities require, and make sure your documentation is complete and consistent.
If the government denies your petition or visa, we can determine whether you can appeal, file a motion to reopen, or request a waiver. We’ll help you explore every available option so you can decide what makes sense for your situation. Our team can also handle all communication with immigration agencies to prevent new delays and keep your case active. Whether you face a request for more evidence or a full denial, we’re here to help you strengthen your case and keep your options open.
The attorneys of Gambacorta Law can also pursue litigation on your or a loved one’s behalf to challenge delays or denials of applications for naturalization. Delays or denials can arise from issues with an applicant’s marriage-based conditional residence or misinterpretations of the results of an applicant’s background check. Federal law requires the government to decide a citizenship application within 120 days of an applicant’s examination. Delays past this deadline entitle an applicant to file a lawsuit in federal court to challenge the delay. Federal courts may either decide an application or remand (return) the application to agency officials with instructions to rule on the application.
Hiring a seasoned law firm can give you the best chance of success in litigation when delays or denials in your immigration case require you to pursue appeals or seek judicial review. Choose the law firm of Gambacorta Law to advocate for your or a loved one’s rights and interests in litigation in your immigration matter because:
If you or a loved one wishes to pursue the opportunity to live and work in Chicagoland and the greater United States but face unreasonable delays or unfavorable decisions in your immigration case, a knowledgeable immigration litigation attorney can help you take the necessary actions to move forward. Contact Gambacorta Law today for a confidential consultation at our Skokie, Illinois, office with an experienced immigration litigation lawyer. Let’s discuss your or your loved one’s case and review your options.
