The Trump Administration has placed unprecedented obstacles in the way of acquiring immigration benefits. This includes not just the most publicized examples- locking children in cages who enter illegally along the southern border- but legal immigration as well. The last fiscal year, saw the highest levels of H1B denials in DHS history. CIS examiners and Consular offficials search for reasons to deny legitimate investments. And 80% of asylum claims are being denied while one million asylum claims remain to be adjudicated.
Some of these denials and delays can addressed within the immigration system itself. Denials of immigration benefits for example, can be appealed to an office called the Administrative Appeals Office. Deportation or Removal orders can be appealed to the Board of Immigration Appeals. Even consular officials have some measure of accountability within the State Department.
Often these appeals are ineffective and result in routine denials. A revised inquiry system, put into place last year that was supposed to allow greater access to an immigration officer to review delayed decisions, has only resulted in further isolating CIS officers from any accountability.
As a result, we often recommend to our clients that they sue DHS in federal court. As a Long Island based immigration firm, we represent clients in the District Court for the Eastern District of New York and in the Second Circuit Court of Appeals. These cases include:
Suing in federal court does NOT result in the government taking revenge or other punitive actions against the immigrant or the immigrant’s employer, so no one should be fearful of exercising their right to federal review. But such cases can be expensive and stressful and should only be used as a last resort. Our Long Island immigration firm has almost 40 years of experience with these kinds of cases and we will review your options carefully.