FAQ

I would never advise my clients to file an MTR or administrative appeal. Service Center and Field Office decisions had low quality control on the denials they issue. You may prove your case on the merits in an MTR or appeal, but…the agency always has the option to find a new reason to deny the case. IN appeals you will often see “beyond the decision of the director.” This is code for you proved your point, but we are going to deny your petition for a new reason.
If you go to federal court the agency is stuck with its initial erroneous decision and can’t put the proverbial makeup on the pig to pretty it up. You are almost always better off taking that initial denial to a federal court. Once in court the agency will spot obvious errors and tend to reverse their decision to avoid a bad outcome in court.

The short answer is “no.” I base this answer on several factors, the first being it is illegal for the government to retaliate. In all my time in government defending the agencies I can say I never saw it happen.
Second, litigation is a major drag on the government. It takes up a ridiculous amount of resources and time. The threat of litigation can cause the agency to be very cautious when dealing with you in the future.
Third, the government is prohibited by the Privacy Act from maintaining a list with individuals’ Personally Identifying Relationship (“PII”) information unless they publish a notice in the Federal register explaining the list and data compilation.
Finally, in private practice I have seen noticeable trends where clients who are aggressively challenging decisions in court are treated more favorably in the future.

You can challenge most denials of immigrant and nonimmigrant petitions and applications. You can also challenge any denials of nonimmigrant petitions and applications.
What you cannot challenge in court is: 1. Revocation of an immigrant visa petition; 2. Denials of Form I-485 (in most cases); and 3. Consular denials of visa applications.

The first step is analyzing your case and the supporting documents. Then, the “complaint” is drafted. This is the document that begins the lawsuit. Once the government has been served with the complaint they have 60 days to come to court and “answer.” In a surprisingly high percentage of our cases we see the government changing denials to approvals in the 60 day window and moving to dismiss the case as “moot.”

Yes, the law allows you to file a writ of mandamus attempting to compel the government to make a decision in your case.
Mandamus cases are not all the same. According to the law the agency is required to consider the applicant’s necessity and convenience when processing an immigration benefit request. Evaluation of the background evidence is key to determining if your case is right for mandamus.

In the past five years USCIS has diverted massive amounts of money to hire contract workers to harass H-1B employees and employers. The site visit can be at your residence, office, or end client.
The most important thing you need to know is that you’re not required to participate in the site visit. It is a “voluntary participation program.” Here are some basic rights:

• You are not required to let them into your home.
• You are not required to let them examine your office space beyond the reception desk.
• You are not required to give them access to your computer or electronics.
• You have the absolute right to counsel in administrative inquiries. This allows your attorney to talk for you.
• You have the right to silence.