When an immigration agency violates the law in its adjudication, either through unlawful actions or unlawful delays, litigation in federal court may be an effective remedy.

For example, when the agency unlawfully delays the adjudication of a case, a lawsuit in federal court may be proper to order the agency to adjudicate the case timely. When the agency incorrectly applies the law in denying an immigration petition, for example an H-1B petition or petition for a spouse, litigation in federal court based on the Administrative Procedures Act may be a remedy. When the agency sets forth an unlawful policy that negatively impacts a large number of people, a class action against the agency may be warranted. 

In some situations, an appeal may be available without going to federal court. Where a decision is based on an error in applying the law or overlooking the facts and evidence provided, an appeal may be available to challenge the agency’s decision. An appeal may also be available where new facts support a different outcome. Attorneys at MacDonald Hoague and Bayless have successfully represented clients in overcoming denials for temporary work visas, among other issues, by filing appeals with the Board of Immigration Appeals.

When the immigration agency’s unlawful actions negatively impact either individuals or employers, attorneys at MacDonald Hoague and Bayless can analyze the particular case to determine if federal court litigation or an appeal may be a remedy, and if so, provide representation.