Rivera & Shirhatti, P.C.

With the enormous amounts of cases filed with immigration errors in decisions and delays in adjudication of cases have become more prevalent. When a case is improperly decided or unjustly delayed the law allows the federal court system to intervene. Under the Administrative Procedures Act you can sue the government and ask the United States District Court to compel appropriate action on your case.

We counsel both individual and corporate clients on a range of complex federal court matters including lawsuits related to:

  • long pending applications or petitions with USCIS
  • long pending applications or petitions Department of State
  • denials of employment based extension petitions by USCIS (Ex. H-1B AC21 extension denials)
  • denials of EB-1, 2, 3 classification petitions by USCIS
  • wrongful denials of other immigration related benefits
  • denied US passport application

Compelling the government to take action can be difficult. However, the combined experience of our attorneys will provide you with effective results.

Recent case victories

  • I-140 – Reopening and approval of I-140 due to wrongful denial
  • Asylum- Issuance of asylum interview after 7 year delay and approval
  • Work Authorization – Approval of EAD after application pending for over 1 year
  • Special Immigrant Juvenile Status – Reopening and approval of Special Immigrant Juvenile (SIJS) Petition after wrongful denial
  • I-824/ Consular Processing – Issuance of immigrant visa after unlawful delay by the NVC and US consular system
  • I-485 – Approval of I-485 application to adjust status to permanent residence after USCIS unlawfully refused to accept jurisdiction over application
  • U visa – Granting of Bonafide Determination and Work Authorization Approval after 5 years of pendency of application
  • I-751/N-400- Issuance of approval of I-751 and N-400 after 3 years of pendency
  • N-336 – Issuance of N-336 interview after 3 years of pendency
  • I-130 – Issuance of I-130 interview and approval after 4 year pendency