Federal Court

USCIS adverse decision is a determination made by U.S. Citizenship and Immigration Services (USCIS) that denies a request for an immigration benefit. This could include rejections of applications for visas, green cards, work permits, and other immigration-related requests. Common Reasons for an adverse decision include – a) incompleteness resulting from lack of required documentation or sufficient supporting information, b) ineligibility resulting from lack of meeting the legal criteria for the requested immigration benefit c) criminal history d) misrepresentation resulting from providing false or misleading information in the application  and e) security concerns resulting from the applicant deemed as a security risk to the U.S. If you receive an adverse decision, you have the right to appeal or file a motion. Call Sharma-Crawford today at (816) 994-2300 and seek immediate assistance.

 If USCIS issues an adverse decision on your immigration application, you must act promptly to file an appeal. The time limit for filing an appeal is typically 30 calendar days from the date of service of the decision, or 33 calendar days if the decision was mailed to you. For specific cases like the revocation of the approval of an immigrant petition, the time limit is shorter – 15 calendar days, or 18 if mailed. It’s crucial to note that the countdown starts from the date USCIS mailed the decision, not when you received it. Missing this deadline can significantly limit your options for appeal. To ensure timely action and explore all possible avenues, consult with an immigration attorney at Sharma-Crawford; call (816) 994-2300 today!

If you miss the deadline to file an appeal, you may still be able to file a motion to reopen or reconsider the decision. However, USCIS will only grant a motion to reopen or reconsider if you can show that you have a good reason for missing the deadline and that your case is meritorious. If you believe you have missed the deadline to file an appeal, it is highly recommended that you seek a strong and professional legal representation through the attorneys at Sharma-Crawford; call (816) 994-2300 today!

A petition for judicial review in federal court is a legal request to have a federal court review a decision made by a federal agency, such as the Board of Immigration Appeals (BIA) or U.S. Citizenship and Immigration Services (USCIS).  Filing a petition for judicial review usually must be done within 30 days following the final administrative order. The process can be extremely complex, often necessitating the expertise of an experienced immigration attorney like those at Sharma-Crawford. Call (816) 994-2300 today or schedule a consultation.

A petition for review in federal court can be filed after you have received a final decision from an immigration agency and have exhausted all available administrative appeal options. The petitioner must demonstrate that the agency’s decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. You have 30 days from the date of the final decision by an agency like the Board of Immigration Appeals (BIA) or USCIS Administrative Appeals Office to file your petition. The countdown for the deadline starts from the date the decision was mailed to you, not when you received it.

In summary this type of petition is typically filed when:

• All administrative appeal options within the immigration system have been exhausted.
• There are allegations of legal or constitutional violations in the handling of the case by the immigration judge, BIA, or agency.
• There is new, compelling evidence or arguments that could potentially reverse the decision.
• The petition aims to have the court assess whether the immigration laws and procedures were correctly applied in the case. The court has the authority to either uphold the agency’s decision or overturn it, either in part or in full.

BIA stands for the Board of Immigration Appeals. It is the highest administrative body within the U.S. Department of Justice for reviewing and deciding appeals on immigration decisions made by Immigration Judges in the Executive Office for Immigration Review. The BIA plays a crucial role in interpreting and applying U.S. immigration laws, ensuring decisions are fair and lawful. Composed of appellate immigration judges appointed by the Attorney General, the BIA examines appeals on various immigration matters, including visa, asylum, and deportation cases. Its decisions are binding on all Immigration Judges unless overturned by a federal court of appeals, making it a pivotal institution in the U.S. immigration system.

A writ of habeas corpus is a legal action where an individual in custody challenges the legality of their detention. Derived from Latin meaning “you have the body,” it’s a fundamental legal right ensuring no one is unlawfully detained. In the context of immigration or criminal law, it allows detainees to argue that their detention violates constitutional rights, such as due process, or is based on incorrect or insufficient grounds. The petitioner must file a petition in court, and if the court finds the detention unlawful, it can order the release of the individual. This writ is a crucial tool in safeguarding individual liberty against arbitrary detention by the government.

Habeas corpus is a Latin term meaning “you shall have the body.” It refers to a legal procedure that allows a person to challenge the lawfulness of their detention or imprisonment. This principle is a fundamental right in many legal systems, including that of the United States, and serves as a safeguard against arbitrary detention. It ensures that individuals are not deprived of their liberty without due process of law.

A writ of mandamus is a court order that commands a government official, agency, or public body to perform a mandatory duty required by law. It is an extraordinary legal remedy used when no other adequate solution is available. It’s applicable in situations where a government entity has failed to perform a legally mandated, non-discretionary duty. It cannot be used to influence discretionary decisions, which involve judgment or choice. Before seeking a writ of mandamus, all other administrative remedies should typically be exhausted. The success of a writ of mandamus depends on the strength of the legal argument and often requires the expertise of an experienced immigration attorney like those at Sharma-Crawford. Schedule a consultation today!

Mandamus, derived from the Latin phrase “mandamus fieri facias,” meaning “we command that it be done,” is a legal term for a court order that directs a government official or public body to perform a legal duty. This command is typically used in situations where no other adequate remedy is available, making it an extraordinary legal remedy. Mandamus is a crucial legal tool for enforcing the performance of non-discretionary duties by public authorities, ensuring that they adhere to the law and uphold their responsibilities. It is a direct command from the court to a government entity to carry out a specific action required by law.