Suing the United States can be a daunting prospect. However, with increasing regularity, individuals are opting to challenge visa petition denials and adjudication delays by filing lawsuits against U.S. Citizenship and Immigration Services (USCIS) in federal court.

Immigration-related litigation can be an advantageous and cost-effective strategy in certain circumstances, as it typically requires no expensive and time-consuming depositions or discovery, and cases are often resolved prior to a final judicial adjudication.

Garfinkel Immigration Law Firm’s attorneys have expertise in litigation, which can often be straightforward, yielding a relatively quick, favorable result.

Some examples of our Litigation services include:
Litigating visa denials

An individual can litigate a case that may have been erroneously denied, based on an argument that:

  • USCIS either misapplied or unjustly expanded the relevant legal standard to demonstrate eligibility for the visa; or
  • USCIS failed to consider crucial evidence and information; or
  • USCIS misunderstood or mischaracterized evidence that was presented either in the original petition or in response to a Request for Evidence (RFE).

The litigation process at Garfinkel Immigration Law Firm typically involves two separate and distinct phases and can often be the quickest as well as most cost-effective way to a favorable resolution, depending on specific circumstances.

Individuals who are in the RFE stage or have already had their visa petition denied by USCIS should consider discussing the potential benefits of litigation with the experienced attorneys at Garfinkel Immigration.

Litigating visa delays

A lawsuit for a delayed visa petition is typically filed to force government action after an agency has exceeded its own estimated timeframes for adjudicating a particular type of petition.

The goal of this type of lawsuit is to compel the agency to issue a ruling regarding the visa petition, which could come in one of three forms: visa approval, visa denial or the issuance of a Request for Evidence (RFE).

The team at Garfinkel Immigration is focused on providing first-class client attention and service while litigating a delayed visa petition. We have decades of experience developing innovative legal solutions specific to the needs of each case and individual.

Litigating EAD delays

A lawsuit for a delayed Employment Authorization Document (EAD) is typically filed to compel United States Citizenship and Immigration Services (USCIS) to act after the agency has exceeded its own estimated timeframe for adjudicating the Form I-765 Application or when the agency’s delay is not reasonable under the circumstances, regardless of the estimated timeframe.

Litigating an EAD application delay can potentially avoid unnecessary gaps in work authorization. An individual should consider litigating in federal court if their EAD application has been pending for six or more months, especially when the authorization is tied to the adjustment of status process.

The experienced team at Garfinkel Immigration provides first-class attention and service, focusing on guiding clients throughout the process of litigating an EAD delay.

Further details and information

Garfinkel Immigration also assists individuals, Fortune 100 U.S. companies and small businesses in diverse sectors in more than 50 countries across the globe in the following areas:

"We have had 20+ years of nothing but excellent work and service from the firm!"
- Senior Vice President, Economic Development Agency
"I do not have enough words to thank you all for your hard work and professionalism in our immigration process. It feels wonderful to be surrounded by so many dedicated people who are always willing to support us."
- Employment-based client
"The journey from the initial denial to the eventual approval of the visa extension was a nerve-racking experience, to say the least. Your expert guidance, meticulous attention to detail, and unwavering support throughout the process were nothing short of exemplary. ... Your adept handling of the case underscores not only your profound legal acumen but also your dedication to ensuring positive outcomes for your clients."
- Litigation client