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Mediafire Sued: What You Need to Know About the Lawsuit

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During the first 12 years of my legal career, I spent a lot of time in court: arguing motions, taking testimony, and trying cases. I enjoyed many aspects of litigation and learned many lessons from some fantastic litigants. Many immigration attorneys spend their entire careers without stepping foot in a courtroom. Instead, we deal with administrative agencies using a variety of acronyms such as CIS, ICE, CBP, and DOS. But something funny happened. When I started my own company and began handling immigration cases, the main complaint I received was that people had waited too long for their citizenship. The law states that if you have had your citizenship interview and 120 days have passed, you will sue USCIS in federal court and ask a judge (who is appointed for life and does not work for immigration) to rule whether you should be admitted or No. not to not become a citizen. Some of the people I met waited much longer than 120 days: 1 year, 2 years, 5 years. There was even a lady who had waited 9 years for a decision on her naturalization case. I researched the laws and court decisions on these citizenship delay cases and asked the people who came to me if they wanted to sue USCIS. They were all very concerned about the negative consequences that could occur. What if USCIS was mad at them for suing the agency and just dismissed the case? I warned them of this possibility and many walked away. But one morning I received a call from a young man named Asif. Asif had been waiting for a decision on his naturalization case for a year. He had scheduled InfoPass appointments to discuss the case. He had called the USCIS 1-800 number. He had even contacted the US Senator’s office for him. Fed up, he called 1-800 one last time to see what he should do. The immigration officer on the phone told him that there was only one thing that really worked: can you guess what he was? The officer told him to sue USCIS. I told Asif that it was the only thing that worked. When Asif told me that, it was like a door opened in my head and I said, “We’re going to sue them.” I went back into trial mode and filed a lawsuit in federal court. We filed a lawsuit and within 45 days Asif received the news that he would be naturalized. He sees, USCIS doesn’t like being sued. And the reason they don’t like being sued is because they don’t like federal judges reviewing their actions (or inactions) in open court. Since then, our office has filed lawsuits on behalf of more than 60 people who have waited too long, too long to get an immigration benefit. In all but one case, the person received the immigration subsidy to which he was entitled. A lawsuit is certainly not a guarantee that a case will be approved. But what the lawsuit does is get the agency to take a “difficult” case off the shelf and finally decide it. The case will come under further scrutiny as US prosecutors and USCIS officials decide if they really want to challenge the case in public court. Combining litigation skills and immigration matters is a fun and exciting way to practice law. Helping people get the immigration benefits they are entitled to makes it all worth it. I wish you a good weekend! Jim Hacking

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