Won Federal Court Action Against USCIS
Our client win in federal court against U.S. Citizenship and Immigration Services (USCIS), securing a decisive order that compels the agency to follow the law and act on the case. This victory demonstrates how strategic litigation can remedy agency errors, unhelpful delay, and decisions unsupported by the record.
What the win means
The court found that USCIS failed to meet its legal obligations—whether by misapplying the statute, ignoring critical evidence, or detain beyond reasonable timeframes. The judge granted relief under the Administrative Procedure Act and related authorities, ordering USCIS to take specific, timely action. In practical terms, the agency must now re-adjudicate under the correct legal standard, issue the benefit, or provide a decision consistent with the court’s instructions.
Immediate outcomes
Why litigation works
Federal court review imposes accountability when administrative options stall. It creates an enforceable timeline, curbs arbitrary reasoning, and restores due process—especially crucial in high-stakes matters such as employment-based petitions, family immigration, humane relief, and naturalization.
- The defective decision is vacated or remanded with instructions.
- Deadlines now bind USCIS to act.
- If the action was a delay case (mandamus), the agency must move forward without further stalling.
What clients should do next
- Preserve all notices, receipts, RFEs, denials, and court orders.
- Respond promptly to any new USCIS requests.
- Avoid travel or status changes that could complicate compliance.
- Coordinate with counsel to ensure the agency follows the court’s directives.
How we help
The Law Offices of Brian D. Lerner designs litigation-ready records, files targeted federal actions, and pursues enforcement if USCIS backslides. If you’re facing an unreasonable delay or a flawed decision, we can evaluate your case, advise on timing, and, when appropriate, bring the leverage of federal court to secure the result you deserve.
