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Federal Immigration Litigation Services

If federal court litigation is necessary, Chicago Immigration Advocates is prepared to fight for you.

01

When Federal Litigation Is Appropriate

  • Federal litigation becomes necessary when an application or petition filed with USCIS has been unreasonably delayed, or improperly denied.

  • Deciding when to file such a lawsuit depends on various factors, such as how long the delay has persisted—the timing and context matter.

02

Litigation Scope & Court Access

  • The law firm is fully prepared to litigate in any federal court—including:

    • U.S. District Courts

    • U.S. Circuit Courts of Appeal

    • U.S. Supreme Court

  • They have successfully obtained judicial relief in cases involving delayed or denied immigration benefits.

03

Types of Federal Litigation Services Offered

Attorneys here are experienced with:

  • Challenging improperly denied immigration petitions and applications

  • Filing lawsuits to force action on delayed immigration cases—e.g., green cards, naturalization

  • Requesting stays of removal, allowing individuals with removal orders to remain in the U.S. while their case proceeds

  • Petitions for judicial review in the Seventh Circuit of adverse decisions by Immigration Courts or the Board of Immigration Appeals

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Frequent Questions

To learn more about our professional immigration services, contact our law office and set up a time to meet with us in a consultation.

Can I file a federal lawsuit if my immigration case is denied?

Yes, you can, but there are different ways to do so, depending upon the type of case.  Removal Cases.  If you were in removal proceedings, then your only recourse is to file a Petition for Review to review the decision of the Board of Immigration Appeals.  Adjustment of Status.  If you have a denied I-130 or I-485, then it is possible to file a federal lawsuit, either a writ of mandamus or an action under the Administrative Procedure Act, but you must first “exhaust administrative remedies” by pursing any appeals (where available) with USCIS before filing suit.  Naturalization.  For Naturalization denials, there is a statutory framework for filing appeals to the federal district court.

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