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Immigration Litigation

At Meltzer Hellrung, we help individuals and companies challenge unfair immigration delays, denials, and revocations through strategic litigation. If your visa application, green card petition, or naturalization request is unreasonably delayed or wrongfully denied by USCIS or another government agency, our experienced team is ready to act. We guide you through the litigation process, offering personalized legal strategies to resolve immigration issues and protect your rights.

When to Consider Immigration Litigation:

Our immigration litigation team can assist if you or your employees are facing:

  • Unreasonable delays in processing applications, petitions, or requests
  • Wrongful denials of immigration benefits without a proper legal basis
  • Revocation of immigration status or visas without a proper legal basis

Other government actions that violate immigration laws or regulations

Our Approach:

We believe litigation is a strategic tool that can effectively resolve challenging immigration situations. Our attorneys evaluate each case individually to determine if litigation is appropriate. We then work closely with our clients to develop a customized approach that seeks the best possible outcome — whether through federal court litigation, such as a Writ of Mandamus lawsuit, an administrative appeal, or direct negotiation with the government’s attorneys.

Our litigation experience includes challenging:

  • Delayed visa applications 
  • Stalled adjustment of status (green card) applications 
  • Delayed naturalization cases 
  • Unlawful visa revocations 

Unreasonable and inappropriate Requests for Evidence (RFEs) and denials

Key Features

 

1 Comprehensive Case Review
Our experts assess whether a denial or delay should be challenged based on unfair or unlawful agency decisions.
2 Tailored Litigation Strategy
We develop a comprehensive litigation approach that addresses the unique details of your case, ensuring every legal option is considered.
3 Direct Legal Representation
Work directly with experienced attorneys who will advocate on your behalf with the Assistant U.S. Attorney representing the government—eliminating impersonal and often ineffective USCIS communication.
4 Expedited Government Accountability
Litigation forces the government to act within a defined legal timeframe, helping to resolve your matter faster than traditional administrative channels.
5 Ongoing Strategic Support and Updates
Stay informed with consistent updates and strategic guidance, aligned with your company’s risk management and compliance goals.

FAQs About Immigration Litigation

When should I consider filing an immigration lawsuit?

If your immigration petition or application has been delayed for an unreasonable amount of time or unfairly denied, filing a lawsuit may  expedite the process of or overturning a wrongful decision. An immigration attorney can assess whether litigation is the best next step.

What is a Writ of Mandamus in immigration law?

A Writ of Mandamus is a legal action filed in federal court to compel a government agency, such as USCIS, to make a decision on your immigration case after unreasonable delay. It does not guarantee approval, but it forces the agency to act.

How long does it take to resolve an immigration lawsuit?


The timeline can vary, but most federal immigration lawsuits are resolved within a few months. Many cases settle quickly after the government responds to the complaint.

Is there a risk to suing USCIS or another immigration agency?


While litigation does not generally increase the risk of denial, it can draw additional scrutiny to your case. An experienced immigration litigation attorney will evaluate your situation carefully to minimize risks.

Can companies file lawsuits on behalf of their employees?


Yes. Employers can pursue litigation if work visa petitions or employment-based green card applications for their employees face unreasonable delays or wrongful denials.

 

Contact Our Immigration Litigation Team:

If you are facing an unreasonable immigration delay, visa revocation, or denial, don’t wait. Contact Meltzer Hellrung today to schedule a consultation with our litigation team. We’re ready to advocate for your rights and help you navigate complex immigration challenges.