The Courtroom and Beyond: Immigration Litigations in the USA
Immigration litigations cover a diverse array of legal issues, each marked by its own complexities. People and families often confront common challenges like visa rejections, deportation proceedings, asylum requests, status adjustments, reuniting with family, employment-based immigration, and more.
The nuances of immigration law, constantly changing policies, and the evolving legal environment underline the importance of seeking help from experienced immigration attorneys.
The litigations become essential in several scenarios, and their usefulness is particularly evident in the following situations:
Visa Denials:
When individuals or organizations experience a denial of a visa application, they may choose to challenge the decision through litigation. This might mean arguing that the rejection was because of wrong details or improper processes.
Deportation Proceedings:
Immigration litigations are crucial for individuals who face deportation, removal, or exclusion from the United States. They often involve legal defenses and arguments to prevent or halt the deportation process.
Asylum Claims
When individuals who fled their home countries because of persecution or fear of harm have their asylum application denied. For this situation they may have to go through legal proceedings to challenge the decision. Legal proceedings can help establish the credibility of the asylum claim and secure protection in the U.S.
Adjustment of Status
Those trying to go from a temporary visa to a green card might have to use legal action if their application gets denied or encounters big issues.
Family Reunification
The process of bringing family members to the United States through family-based immigration petitions can sometimes encounter legal obstacles. Litigation may be necessary to resolve issues related to sponsorship or eligibility.
Employment-Based Immigration
If professionals and skilled workers applying for employment-based visas like H-1B or L-1 visas got their applications denied or delayed, they might have to use legal action.
Waivers and Appeals
Immigration litigations are a recourse for those who feel their rights have been violated, their cases mishandled, or their legitimate immigration goals obstructed by unfair decisions. This ensures that the immigration process remains fair, just, and accessible to those who want to make the United States their new home.
When immigration applications or petitions are rejected or denied, litigations play a vital role in challenging these decisions through appeals or waiver applications.
At Aguado Immigration Firm we provide crucial support to clients facing such challenges, helping them navigate the legal complexities of immigration litigations and pursue positive outcomes.
Litigations in U.S. Federal District Courts Related to Immigration
Long delays in processing immigration benefits in the US have caused more lawsuits in federal courts regarding immigration issues. Many people and families are frustrated because they’re stuck waiting for a long time.
However, it’s important to know that federal courts have specific rules and can’t handle all immigration matters. Legal battles in federal court are quite different from cases in immigration courts, appeals to the Board of Immigration Appeals (BIA), or dealings with U.S. Citizenship and Immigration Services (USCIS).
As confusing as it may seem, our legal team is well-prepared with the experience and knowledge needed to support clients at any stage of their legal proceedings.
Motions to Reconsider or Reopen
If your immigration application is denied, you have the option to request a review. This can be done by sending a request to the District Director of the U.S. Citizenship and Immigration Services. The District Director is the person who made the decision on your application.
A motion to reconsider focuses on legal reasons. You need to make a clear argument showing that the denial happened because the law was not applied correctly. On the other hand, motions to reopen are used when there’s new evidence or something has changed. For these, you must provide documents that support your case and explain the facts.
We can assist individuals in assessing whether to file a motion to reconsider or reopen. If advisable, we can help in preparing the right evidence and persuasive argument to present to the District Director.
Appeals
The system of appeals allows individuals or applicants to challenge adverse decisions made by immigration authorities. These appeals can involve various levels, including the Board of Immigration Appeals (BIA), federal courts, and other administrative bodies.
Applicants can argue their case, claim errors by immigration authorities, and seek a better outcome through the appeal process. Immigration appeals differ depending on the type of benefit or relief sought and the immigration court or agency involved.
To handle this complicated process well, getting help from an experienced immigration lawyer is important.
Learn more about appeal instances
Our legal team can make it easier for you to understand your situation, take the lead in your case, and make sure your appeal is presented thoroughly and persuasively.
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