Are you facing one of these situations
Filed long ago, status still says pending
The expected time on the receipt has long passed, and online inquiries and a congressional office have produced nothing. You want to know whether you can sue to make USCIS decide.
A denial whose reasons do not match your documents
The reasons seem wrong on the facts, or the officer imposed a requirement the law does not contain. You want to know whether, besides an appeal, there is a way to challenge it in court, and whether a court can hear your case at all.
The BIA dismissed your appeal and the removal order is final
The immigration judge ordered removal and the BIA dismissed the appeal. You want to know whether the Ninth Circuit is still available and how many days remain before the 30-day deadline.
The EB-5 funds are invested but the petition is denied or silent
Your I-526 was denied on grounds involving source of funds or whether the investment qualifies, or it has had no result for years and you do not know whether to wait or sue.
The naturalization interview is done, with no decision for months
You finished the N-400 interview and have heard nothing. You want to know whether the 120 days set by law have already passed.
You have one letter and do not know whether it is final
You are not sure whether you can still appeal or file a motion or whether court is all that is left, and you do not know when each deadline starts.
What we handle in federal court
From reading the file and counting deadlines to drafting the complaint or petition for review, we explain each step to you in Chinese or English.
Mandamus and APA suits for delay
When an application is stalled, we draft and file the complaint asking the court to order the agency to decide within a reasonable time.
APA suits against USCIS denials
Where a denial is arbitrary, contrary to law, or contrary to the agency's own rules, we ask the court to set it aside (5 U.S.C. §706(2)(A)), after first checking whether §1252(a)(2)(B)(ii) bars review.
Petitions for review after a BIA dismissal
We file within 30 days, write the brief, and present legal and procedural issues to the Ninth Circuit.
Motions for a stay of removal
Where removal must be paused during review, we draft the stay motion, state the grounds, and seek to preserve the status quo until the court rules.
EB-5 denials and long delays
We analyze whether an AAO appeal or motion or a federal suit fits, and for a petition with no decision, assess a delay suit.
Naturalization with no decision after the interview
Where more than 120 days have passed since the N-400 interview, we assess an application to the federal district court (8 U.S.C. §1447(b)).
Pre-suit file review and route selection
We organize the application record, official replies, and earlier follow-up, check them against the deadlines, and decide whether to appeal, sue, or refile.
Rules to know in federal immigration litigation
These are general rules. Whether you can sue and when a deadline starts depend on the decision document and the file in your own case.
- Legal basis for delay suits：Under 28 U.S.C. §1361, a federal court may compel a federal officer to perform a duty owed to the plaintiff, and under the Administrative Procedure Act (APA), 5 U.S.C. §706(1), it may compel agency action unlawfully withheld or unreasonably delayed. A court can order the agency to decide, but generally cannot order it to approve.
- There is no set number of days for unreasonable delay：Courts weigh the TRAC factors, and in Independence Mining v. Babbitt the Ninth Circuit applied that analysis: whether a statute sets a timetable, what the delay does to human health and welfare, and whether moving you up would harm those ahead of you in line. When a case is still within USCIS's published normal range, courts are usually reluctant to let you jump the queue.
- After a denial, first ask whether a court can hear it：8 U.S.C. §1252(a)(2)(B)(ii) removes court jurisdiction over matters the statute commits to the discretion of the Department of Homeland Security. On that basis the Ninth Circuit held in Poursina (2019) that an NIW denial cannot be challenged in court, and in Bouarfa v. Mayorkas (2024) the Supreme Court treated revocation of an approved I-130 as discretionary too. Where the denial rests on a statutory requirement not being met, reviewability needs case-by-case analysis.
- Administrative appeal versus suing：Some denials can be taken to the AAO on Form I-290B, generally within 30 days of service of the decision, or 33 days if mailed. Whether to appeal, file a motion, or sue directly depends on whether that denial has an appeal, which route is faster, and the effect on later options. We need to read the denial notice to decide.
- The 30 days after a BIA dismissal：A petition for review must be filed within 30 days of the date of the final order of removal (8 U.S.C. §1252(b)(1)). In Stone v. INS the Supreme Court treated the deadline as mandatory, and a motion to reopen or reconsider filed with the BIA does not pause the 30 days. The proper court is the circuit where the immigration judge completed the proceedings (§1252(b)(2)), which for California cases is generally the Ninth Circuit.
- A petition for review is not a stay of removal：Under §1252(b)(3)(B), filing a petition does not stay removal unless the court orders otherwise. Under Ninth Circuit General Order 6.4(c), filing a stay motion generally brings a temporary stay until the court rules. Whether a longer stay is granted is decided under the standard of Nken v. Holder.
- What the circuit court reviews：Findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary (§1252(b)(4)(B)), while constitutional claims and questions of law can be reviewed (§1252(a)(2)(D)). Simply disagreeing with how the judge weighed the evidence therefore rarely succeeds; legal error or a serious procedural defect is what a petition is built on.
How federal litigation works with us
Read the file and decision documents
We go through the receipts, the denial, the BIA decision, and your follow-up and congressional-office replies, fix the date of each decision, and work out every deadline.
Choose a route and explain fees
We decide which applies and which is faster: an AAO appeal or motion, a suit in the district court, or a petition for review in the circuit court. We explain the fee method, and you sign the engagement agreement after you decide.
Draft and file
We draft the complaint, or the petition for review and a detailed legal brief. District court cases require the filing fee and service on the local U.S. Attorney, the Attorney General, and the relevant agencies.
Response period and communication
The government has 60 days after service on the U.S. Attorney to respond (Federal Rule of Civil Procedure 12(a)(2)). During this time we see whether the other side answers, moves to dismiss, or talks to us about a resolution, and we update you in writing.
After the court rules
Where a court orders the agency to decide, we follow up on whether the decision is made on time; where a petition is remanded, the materials and deadlines for the BIA's new review are arranged separately.
Fee information
Initial phone discussion is free
Call and tell us what document you have and when it was issued, and we will decide whether it merits further review.
Paid attorney consultation
If you need an attorney to review the file and give specific advice, we schedule a paid consultation, with the fee disclosed beforehand.
Quote after review
Fees for a lawsuit or petition for review are quoted after we have seen the file, hourly or fixed by stage, and itemized in the engagement agreement.
- The federal district court filing fee (currently $350 for a general civil case plus a $55 administrative fee), service costs, and translation and certification fees are separate, and we tell you before they are incurred.
- The firm does not promise any result from a court or from USCIS. In a delay case, a court can generally only order the agency to decide, not to approve.
- The fee method, rates, and scope of work are written into the engagement agreement, and you can ask about each term before you sign.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
