Special talk on Writ of Mandamus | Guest: Brian Green

Summary

In this informative session, attorney Brian Green discusses US immigration litigation, specifically the process of filing a mandamus lawsuit to address excessive processing delays. He explains the concept, typical delays covered, and the average time for resolution. Green also clarifies misconceptions about suing government agencies and emphasizes the importance of choosing the right venue for such lawsuits. The conversation highlights the breadth of immigration issues that can be addressed through litigation, from visa delays to asylum applications, and underscores the value of early legal action.

Takeaways

• 📚 The show usually addresses questions on US immigration but today features a special discussion on US immigration litigation with attorney Brian Green.
• 👨‍⚖️ Brian Green is a renowned US immigration attorney and expert litigator with experience in over 700 lawsuits in the last two years.
• 📈 A Ramandam lawsuit is a legal action taken when the government is taking too long to process an application, typically anything over six months is considered a viable delay.
• 🏛 The duration for case resolution varies greatly depending on the court location and type of case, with some resolved in as little as three to four weeks and others taking over a year.
• 🔍 Brian Green's website, www.ggreenusimmigration.com, provides comprehensive information and he is licensed in numerous US federal courts across different states.
• 📋 A wide range of delays can be addressed through Ramandam lawsuits, including visa delays, EADs, I-140, I-601, EB-5 cases, and more.
• 🤝 Brian Green collaborates with local attorneys across the US, enabling him to handle cases in various jurisdictions even where he is not directly admitted.
• 📉 The success of lawsuits can be influenced by the choice of venue, with some courts being more favorable due to the political leanings of the judges.
• ⏳ There is no guarantee of how long a lawsuit will take, but an estimate of three to four months is commonly given for resolution.
• 🚫 Filing a lawsuit against USCIS or other agencies will not negatively impact an individual in the future, as these organizations do not retaliate for legal action taken.
• 🔑 When choosing a lawyer for immigration litigation, consider their experience, track record, and reasons for choosing a particular venue for the lawsuit.

Q & A

What is the purpose of a Mandamus lawsuit in the context of US immigration?

A Mandamus lawsuit is filed to address the issue of excessive processing time by the government in immigration matters. It essentially asks a federal judge to order USCIS or the State Department to expedite the processing of an application or petition that has been unreasonably delayed.

How long does it typically take for a Mandamus lawsuit to resolve?

The duration can vary significantly depending on the court location and the type of case. Some cases can be resolved within three to four weeks, while others, especially those involving complex or unusual circumstances, might take up to a year.

What types of delays can be addressed through a Mandamus lawsuit?

Almost any type of delay in immigration processing can be addressed through a Mandamus lawsuit, including delays in visa applications, petitions that have been approved but not yet sent to the National Visa Center, scheduling of interviews at US embassies or consulates, and various other types of immigration benefits that do not have premium processing.

Can someone file a Mandamus lawsuit if they are stuck in administrative processing at a US embassy abroad?

Yes, a Mandamus lawsuit can be filed in such a situation. The lawsuit would typically result in the scheduling of an interview and would not be withdrawn until there is adjudication of the case.

What is the difference between a Mandamus lawsuit and a lawsuit filed under the Administrative Procedure Act (APA)?

While both types of lawsuits can be used to address delays, a Mandamus lawsuit specifically addresses unreasonable delay in processing. An APA lawsuit can challenge both delays and denials of immigration applications, alleging that they are arbitrary, capricious, or not based on law.

Can filing a lawsuit against USCIS or a US embassy hurt an individual's immigration prospects in the future?

No, filing a lawsuit does not typically hurt an individual's immigration prospects. Large organizations like USCIS do not maintain blacklists of those who have sued them, and using the judicial system is part of the rights in the United States.

How does the choice of venue for filing a lawsuit impact the outcome?

The choice of venue can significantly impact the outcome of a lawsuit. Some courts may be more favorable to immigration cases, and the location of the case can affect the speed of processing and the likelihood of success.

What is the role of the National Immigration Litigators Association (NILA) in finding local lawyers for immigration litigation?

NILA is a professional organization that can be a valuable resource for finding experienced immigration litigators in specific local areas, which can be helpful for individuals seeking legal representation in immigration lawsuits.

What is the importance of timing when considering filing an immigration lawsuit?

Timing is crucial because the process of filing a lawsuit and getting a resolution can take several months. It's important to file well in advance of when the individual actually needs the immigration benefit to avoid negative consequences due to delays.

How can an individual ensure they are hiring a competent lawyer for their immigration lawsuit?

Individuals should ask about the lawyer's fees, time frames, track record, and reasons for choosing a particular venue. Consulting with multiple lawyers and researching their experience and success rates can help ensure a competent representation.