This Practice Advisory discusses whether and how a person can get review of a U.S. Citizenship and Immigration Services decision in federal court if he or she did not appeal the decision to the Administrative Appeals Office (AAO). The Advisory addresses the Supreme Court case Darby v. Cisneros, holding that a plaintiff is not required to exhaust non-mandatory administrative remedies in certain situations, and how it may apply to cases involving appeals to the AAO.
This Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision.
When people think about immigration reform, they usually think about legalization, enforcement, and updating the legal immigration system. However, there are other upgrades to the immigration...
This Practice Tip analyzes the pros and cons of appealing to the Administrative Appeals Office (AAO) following the denial of an employment-based visa petition.
This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response.
Each year, U.S. employers seeking highly skilled foreign professional workers submit petitions on the first business day of April to U.S. Citizenship and Immigration Services (USCIS) for the...
This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client's visa petition in federal court.
Recently, a leaked memo related to the Department of Homeland Security’s ongoing deliberations about reforming the employment-based immigrant visa system was published online. An “investigative...
The statement discusses the powerful role that immigration has played in developing a strong and competent work force for the 21st century, especially in regards to the science, engineering, technology, and math (STEM) fields.
