Columbus Immigration Litigation Lawyer

Also Handling Immigration Appeals in Fairfax, VA, Cleveland, Southfield, MI, and Washington, D.C.

The frequent changes in immigration law due to political influences and other extraneous factors necessitate the use of litigation to ensure the rights of aliens. The Federal Courts may be used to challenge unlawful USCIS agency action. The Law Firm of Shihab & Associates has representative experience before State and Federal Courts, the Courts of Appeal, and appeals to the United States Supreme Court.

If you have experienced unlawful actions through USCIS, litigation may be an option for you. Reach out to The Law Firm Of Shihab & Associates. We serve throughout Columbus and also have offices in Fairfax, VA, Cleveland, OH, Southfield, MI, and Washington, DC.

Contact us online or call (888) 915-5057 to schedule a consultation with our immigration litigation attorneys at The Law Firm Of Shihab & Associates. 
Our services are available in Arabic, French, Polish, Russian, and Spanish.

Why Pursue Litigation?

Were you applying for a visa or a green card, but your case has been pending for many months or years? Occasionally, USCIS will fail to timely adjudicate a case despite every effort to move the case forward. When a case has "stalled" and USCIS will not act on it, filing a writ of mandamus via litigation may be appropriate.

What is a Writ of Mandamus?

If your immigration case is taking too long, a mandamus suit is a civil action designed to compel the government to do its job. It is an extraordinary action that should only be used when all reasonable attempts to resolve the situation have been exhausted. A mandamus suit will not compel USCIS to reach a favorable decision. Rather, it simply compels action. It may result in a denial of your case so the mandamus action should be filed only after speaking with an experienced immigration litigation attorney in Columbus.

About Immigration Appeals

An alien whose immigration application or petition has been denied or revoked often has the right to appeal the adverse decision. The notice of denial indicates whether the alien may appeal the decision and sets forth the technical procedures to appeal. Depending on the type of immigration classification sought, there are different ways to appeal:

• Appeal to the Administrative Appeals Office (AAO)
• The Board of Immigration Appeals (BIA)
• Board of Alien Labor Certification Appeals (BALCA)
• Motion to Reopen or Reconsider

If your case resulted unfavorably, you still have options. Call (888) 915-5057 to speak with an immigration appeal attorney in Columbus at The Law Firm Of Shihab & Associates.

What is the Administrative Appeals Office?

The AAO is an agency within the USCIS that has jurisdiction over petitions and applications that have been denied or revoked by USCIS. When an application is denied, USCIS will issue a denial notice which advises of the right to appeal and gives a timeframe which must be met for the appeal to be properly filed. The appeal is filed using Form I–290B and requires the payment of a filing fee. A brief may be submitted explaining the legal and factual basis for the appeal. The AAO may reverse the decision, uphold it or remand the case to the original office for further action.

More About the Board of Immigration Appeals

The BIA is an agency within the Executive Office for Immigration Review that is responsible for reviewing decisions of the Immigration Courts and some decisions of the USCIS. Family-based preference petitions are submitted with the USCIS. If the application is denied, the petitioner may appeal to the BIA. Click here to review a copy of the practice manual for appearances before the BIA.

Employers May Seek Review via BALCA

If an application for labor certification which is submitted to the Department of Labor in connection with an employment-based green card application was denied by the certifying officer, the petitioner (employer) may seek review before BALCA.