FEDERAL IMMIGRATION LITIGATION: A strategic path forward
At Burgos Law, we understand that federal immigration litigation can feel like a daunting step—but it’s often the most powerful and effective legal tool available to move your case forward. If you’re experiencing unreasonable delays or inaction from immigration authorities, filing a lawsuit in federal court may be the key to getting results.
While many applicants exhaust administrative options with little to no progress, federal litigation forces government agencies to respond. It puts your case back on the radar and demands accountability under the law.
Common reasons individuals pursue federal lawsuits in immigration matters include prolonged delays in applications, wrongful denials, failure to adjudicate petitions, and other procedural roadblocks. These lawsuits arise from complex legal challenges that require experienced, strategic advocacy.
At Burgos Law, we are ready to help you assess your options and pursue the most effective course of action for your immigration goals.
COMMON REASONS FOR SUING Immigration
Delayed Naturalization Decisions
Many clients worry about potential retaliation from USCIS or consulates when filing lawsuits. It’s important to note that such fears are unfounded. Our firm has successfully handled numerous cases without any negative repercussions for our clients.
Prolonged Processing of Petitions and Applications
Challenging Erroneous Decisions
Asylum Interview Delays
Administrative Processing Delays at Consulates
STILL DECIDING WHETHER TO FILE A FEDERAL LAWSUIT Against immigration
We understand—it’s a big step. But here’s the truth: filing a federal lawsuit is often the only effective way to compel USCIS or a consulate to act on your case. Other follow-up efforts, while well-intentioned, frequently lead to months (or even years) of continued silence and delay.
Alternative USCIS Follow-Up Options with Limited Impact:
- Submit a USCIS Service Request
- Request Assistance from the DHS Ombudsman
- Ask Your U.S. Representative to File a Congressional Inquiry
- Mail a Letter to the USCIS Field Office Handling Your Case
Alternative Consulate Follow-Up Options with Limited Impact:
- Submit an NVC Inquiry
- Request a Congressional Inquiry
- Email the Consulate Directly
While these steps may be worth exploring, they are not enforceable remedies. Only a federal court has the power to require USCIS or a consulate to take action under the law. If you’re tired of waiting without answers, it may be time to consider litigation.
COLLABORATIONS AND PRO HAC VICE Services
Pro Hac Vice into Florida Federal District Courts for Immigration Related Matters
Are you an immigration attorney looking to expand into federal court litigation—without taking on the procedural or jurisdictional burdens alone? Burgos Law regularly partners with law firms across the U.S. to file Mandamus and Administrative Procedure Act (APA) lawsuits challenging unreasonable delays, stalled consular processing, and unlawful USCIS denials.
Whether you’re new to federal litigation or simply need trusted local or filing counsel, we offer collaborative support to move your cases forward.
How We Can Support Immigration Law Firms:
- Serve as local or lead counsel in federal district courts across the U.S.
- Draft or review complaints and filings tailored to complex immigration delays
- Coordinate filing logistics and service of process
- Communicate directly with U.S. Attorney’s Offices to seek timely resolution
- Maintain a cooperative, transparent relationship with your firm throughout the case
Burgos Law values collaboration, efficiency, and results. We’re here to support your firm’s growth in this powerful area of immigration advocacy.
Email, hello@myburgoslaw.com, to schedule a time to discuss how we can work together.
FAQs
What does it mean to sue Immigration?
Sometimes, immigration cases get stuck—either because of long delays or decisions that don’t follow the law. If that happens, you have the right to file a lawsuit in federal court to make the government take action. This process is called federal immigration litigation, and it’s one of the most effective ways to get your case moving again. Federal immigration litigation involves filing a lawsuit in U.S. District Court against a federal agency like USCIS, the Department of State, or Customs and Border Protection.
When would someone file a lawsuit?
You may be able to file a lawsuit if:
- Your immigration application or petition has been delayed for too long
- You had your naturalization (citizenship) interview and USCIS hasn’t made a decision after 120 days
- Your case is stuck in “administrative processing” at a U.S. consulate with no updates after your visa interview
- You received a denial that seems unfair or incorrect under immigration law
- You filed a humanitarian case (like asylum, U visa, or VAWA) and it has been pending for years without any movement
- You applied for work authorization (EAD) as a T visa or U visa applicant and have been waiting unreasonably long for approval—often many months or even over a year
- Your I-130 petition was approved, but the NVC or consulate hasn’t moved forward with visa processing
- USCIS is refusing to make a decision even after multiple service requests or inquiries
- You submitted a request for evidence (RFE) or attended an interview, and still haven’t heard anything for months
- You’re stuck outside the U.S. because of visa delays, and it’s harming your job, family, or safety
- You filed an I-601 or I-212 waiver, and USCIS has taken no action for an unreasonably long time
- & many more reasons
Will I get in trouble if I sue immigration?
Many clients understandably hesitate before initiating a lawsuit against immigration. But rest assured: filing a lawsuit against USCIS or a consulate will not trigger retaliation or negatively impact your case. It is completely legal and safe to file a lawsuit if immigration isn’t doing its job. —and filing a lawsuit is often the most effective way to resolve unreasonable delays or erroneous denial.
How long does it take?
Every case is different, but most lawsuits are resolved within 3 to 6 months. Often, the government acts quickly once the lawsuit is filed, and the case doesn’t even need to go all the way to a judge.
Do I have to live in a certain state to sue?
No. We can file your lawsuit based on where you live, where the immigration office is located, or other legal factors. Burgos Law works with clients from all over the U.S. and handles lawsuits in multiple federal courts.
I already have an immigration lawyer. Can I still work with you?
Yes! We often work with other immigration attorneys. If your lawyer doesn’t handle federal court cases, they can refer you to us or co-counsel with us. We’re happy to help support your case and work as a team..