Lawsuit Filed for Immigration Relief: Successful Cases of Expedited USCIS Processing

When immigration cases are stalled due to unreasonable delays from U.S. Citizenship and Immigration Services (USCIS), many individuals and families find themselves uncertain about their next steps. However, through legal action under the Administrative Procedures Act (APA), these delays can be challenged, and the process can be expedited.

The Law Office of Alexander R. Vail has successfully represented clients in a variety of cases involving lawsuits filed against USCIS for unreasonable delays. Cases such as Fausto v. Renaud et al. (2022), Torres Hernandez v. Renaud et al. (2022), and Kinder v. Nolan et al. (2021) demonstrate how lawsuits can lead to the swift resolution of pending immigration petitions. In these cases, our legal team helped secure the approval of petitions, waivers, and immigrant visas—often within a matter of weeks after filing the lawsuit. These victories highlight the importance of timely legal intervention in cases of USCIS delay.

USCIS Lawsuits Filed for Immigration Relief

 LAWSUIT FILED & PETITION FOR ALIEN RELATIVE APPROVED Fausto v. Renaud et al., No. 2:22-cv-02019-APG-DJA (D. Nev. 2022)

Mrs. Fausto, a United States citizen, had filed a Petition for Alien Relative (“Form I-130”) on behalf of her spouse. More than two years went by, and despite submitting several “e-Requests” to U.S. Citizenship and Immigration Services (“USCIS”), the Form I-130 remain stalled. She retained Alex’s services to seek relief under the Administrative Procedures Act by filing a lawsuit against the agency over the unreasonable delay. Accordingly, Alex initiated a civil action against USCIS in the U.S. District Court for the District of Nevada. Just a little over two months later, USCIS finally approved the Form I-130.

LAWSUIT FILED & APPLICATION FOR PROVISIONAL UNLAWFUL PRESENCE WAIVER APPROVED Torres Hernandez v. Renaud et al., No. 3:22-cv-08213-MTL (D. Ariz. 2022)

Mrs. Torres Hernandez, with the help of Alex, filed an Application for Provisional Unlawful Presence Waiver (“Form I-601A”) back in August of 2020. She did this in order to obtain the necessary waiver to overcome the ground of inadmissibility set out in section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act that would be triggered upon her departure from the United States to attend her consular interview abroad. She waited patiently as U.S. Citizenship and Immigration Services’ (“USCIS”) processing times continued to increase over the years. But when the agency in late 2022 increased its average processing time for adjudicating the Form I-601A from 27 months to 32 months, Mrs. Torres Hernandez decided enough was enough and hired Alex to sue the agency over the unreasonable delay. Alex filed a Complaint for Injunctive and Mandamus Relief in the U.S. District Court for the District of Arizona bringing a cause of action under 5 U.S.C. §§ 702, 706(1). Within a month of filing suit, U.S. Citizenship and Immigration Services (“USCIS”) approved the Form I-601A.  

LAWSUIT FILED & PETITION FOR ALIEN RELATIVE APPROVED; IMMIGRANT VISA ISSUED Kinder v. Nolan et al., No. 2:21-cv-01641-GMN-EJY (D. Nev. 2021)

Mrs. Kinder had filed a Petition for Alien Relative (“Form I-130”) back in October of 2019 on behalf of her spouse who is a native and citizen of the Philippines. After almost two years, the Form I-130 remained pending. She had submitted several service requests to U.S. Citizenship and Immigration Services (“USCIS”) in the attempt to alert it to the fact that her case had fallen well outside normal processing times. She even recruited the aid of her Senator, but all these efforts were to no avail. At a loss at what else could possibly be done, she consulted with Alex who explained to her that she could sue the agency over the unreasonable delay, bringing a cause of action under 5 U.S.C. §§ 702, 706(1). This is precisely what she hired Alex to do. Shortly after suit was filed, USCIS approved the Form I-130. Alex helped Mrs. Kinder and her spouse the rest of the way through consular processing, and the U.S. Embassy in Manila issued Mrs. Kinder’s husband the immigrant visa. Finally, the family is once again together in the United States.

LAWSUIT FILED & APPLICATION FOR PROVISIONAL UNLAWFUL PRESENCE WAIVER APPROVED; IMMIGRANT VISA ISSUED Morones Gonzalez et al. v. Renaud et al., No. 2:22-cv-01376-JCM-EJY (D. Nev. 2022)

Mrs. Morones Gonzalez had filed an Application for Provisional Unlawful Presence Waiver (“Form I-601A”) back in May of 2020. She did this because she needed to obtain a waiver to overcome the ground of inadmissibility set out in section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act that would be triggered upon her departure from the United States to attend her consular interview abroad. Her patience understandably ran out when her case exceeded the average processing time that U.S. Citizenship and Immigration Services (“USCIS”) had posted on its website at the time. She consulted Alex on what could be done, and he explained that there was a remedy under the Administrative Procedures Act: in short, she could sue the agency over the unreasonable delay.Accordingly, Alex filed a Complaint for Injunctive and Mandamus Relief in the U.S. District Court for the District of Nevada bringing a cause of action under 5 U.S.C. §§ 702, 706(1). Within three weeks of filing the lawsuit, USCIS approved the Form I-601A. Less than three months later, Mrs. Morones Gonzalez had her immigrant visa interview at the U.S. Consulate General in Ciudad Juarez, Mexico. She was ultimately issued the immigrant visa, and she now resides with her family in the United States as a lawful permanent resident.

LAWSUIT FILED & PETITION FOR ALIEN RELATIVE APPROVED Nadherny v. Renaud et al., No. 2:22-cv-01843-CDS-DJA (D. Nev. 2022)

Mr. Nadherny, a United States citizen, filed a Petition for Alien Relative (“Form I-130”), on behalf of his stepchild, that had been pending for more than two years when he consulted Alex on what more could be done to get this stalled petition adjudicated. Service requests to the agency proved to be (as they generally are) absolutely pointless, and even efforts to involve his congressman were to no avail. Alex explained that the best course of action would be to seek relief under the Administrative Procedures Act by commencing a civil action in the U.S. district court with jurisdiction over the matter—i.e., suing the agency over the unreasonable delay. This is precisely what Mr. Nadherny hired Alex to do. Alex filed a Complaint for Injunctive and Mandamus Relief in the U.S. District Court for the District of Nevada bringing a cause of action under 5 U.S.C. §§ 702, 706(1). Within 7 days of filing suit, U.S. Citizenship and Immigration Services (“USCIS”) approved the Form I-130.

If your immigration case is facing an unreasonable delay, you don’t have to wait helplessly. The Law Office of Alexander R. Vail can help you seek relief through legal action. Call us today at (725) 221-5998 or contact us online to schedule a free consultation. Let us help you get your immigration process back on track.