Pennsylvania Immigration Litigation Attorney
An Experienced Immigration Law Firm Dedicated to Representing Your Rights When Engaged in Litigation with the U.S. Government
At our firm, we practice law with compassion and dedication to meeting our clients’ diverse immigration needs, helping them navigate their immigration journeys effectively. In the past, we have successfully represented clients in legal matters to help them immigrate to the US and make it their new home, as well as assist family members through immigration proceedings. In some cases, however, our clients need legal representation to assist them in Immigration Appeals and other types of litigation with various U.S. government agencies and courts. These immigration cases can be complex matters and require the extensive experience of an attorney well-versed in these and other practice areas.
Has there been an unnecessary delay in your immigration application? Have government officials and immigration judges failed in their duty to determine how your family-based immigration petition is decided or filed? Or have you received any decision from an immigration court that seems incongruent with the facts of your case? In these and other legal matters, we can assist you with immigration and nationality law to help navigate complex cases, including issues related to seeking lawful permanent residence, defending against removal, and obtaining an adjustment of status, among others.
Whether you are seeking asylum or some other type of immigration status in the United States of America, our legal team stands ready to represent your interests throughout the entire process to help you arrive at a favorable outcome for you and those who depend upon you. To learn more about the benefits of retaining our professional legal counsel, please get in touch with our Pennsylvania-based law firm to schedule your initial consultation today.
What Are the Different Types of Immigration Litigation Cases?
United States immigration laws are determined at the federal level and are often decided in federal courts. When engaged in appeals or litigation, your immigration matters will be handled in local federal district courts or a Circuit Court of Appeals. These types of courts have complicated rules and legal procedures that must be followed for individuals seeking satisfactory conclusions to their legal issues. To successfully appeal a decision or file a claim, you need an experienced attorney capable of representing your interests throughout the entire legal process.
Depending on your immigration case, many types of federal petitions and litigation matters can be argued in federal courts, and our Pennsylvania immigration lawyer can assist you in the following matters:
APA Challenges
If you believe that a government agency or immigration official has acted improperly, either in terms of determining the rules or regarding your individual case, our attorney can assist you by filing a claim under the Administrative Procedure Act (APA). By filing an APA claim, your legal representative can challenge the government agency’s actions and have federal judges review whether an official has acted improperly. As your legal counsel, attorney Mahsa Mohkamkar will assist you in analyzing case records and presenting convincing evidence to the judge to help you in these legal complexities.
Appeal of Green Card Denials
If your green card application is denied, you need the legal assistance of an experienced lawyer to appeal the decision. Whether you are seeking an employment-based green card or hoping to become a lawful permanent resident through family-based immigration, there are many potential reasons why immigration judges may deny your applications, and we can argue in your favor. Depending on your unique circumstances, you could refile your case, appeal to a higher USCIS authority, or even sue USCIS in a District Court.
Circuit Court Immigration Appeals
If you need to appeal the decision made in your immigration case, you must first go through the Board of Immigration Appeals (BIA). In instances where the BIA still renders an unfavorable decision in your case, your attorney can take your appeal to the next level, which takes place in the Federal Circuit Courts. There are different complex rules and standards in each stage of the appeals process, so you want an experienced litigator on your side representing your legal rights.
Denied PERM
In situations where the Department of Labor has unfairly or incorrectly denied a labor certificate, you may be able to appeal the case to the Board of Alien Labor Certification Appeals, which operates as a higher office within the Department of Labor. Pennsylvania immigration attorney Mahsa Mohkamkar represents clients in these legal matters and will represent your interests when appealing decisions made by the Department of Labor to seek approval for a labor certification.
Immigration Process Delay Litigation
In many cases, foreign nationals face lengthy and complex legal processes that can be delayed due to government backlogs and other factors. If you have a pending immigration case that has been unnecessarily or unfairly delayed, your lawyer may be able to file a mandamus action, which compels the government agency to act. In many immigration legal matters, the writ of mandamus results in decisions being made on your immigration applications, regardless of whether you are engaged in employment-based immigration or family immigration matters.
Habeas Corpus
In some unfortunate circumstances, Immigration and Customs Enforcement (ICE) may detain individuals or families without valid cause or refuse to provide them with a timely opportunity to present their case in court. If you or a family member has been unlawfully detained by ICE, a Pennsylvania immigration attorney can file a petition for habeas corpus and help get your case before a judge.
Naturalization Litigation
In cases where USCIS delays or denies your naturalization applications, an attorney can represent your interests and fight for a favorable conclusion to your case. USCIS must render a decision on your naturalization application within 120 days of your interview, according to the Immigration and Naturalization Act. If your case is delayed for more than 120 days, we can explore litigation options and potentially file a lawsuit against USCIS, allowing an immigration judge to assume jurisdiction and issue a decision or compelling USCIS to decide your case.
Work Visas Denials
If you believe that USCIS has unfairly denied your work visa application, there may be options available for you. One such option is to refile your application. Other options include appealing the decision to a higher authority or suing USCIS and bringing a declaratory judgment action, which unfolds in U.S. District courts. We represent individuals from foreign countries seeking work visas, including non-immigrant visas, and can help you seek a more favorable decision in your case.
Are You Facing Deportation? An Experienced Immigration Attorney Can Help with Your Deportation Defense
Immigrants facing criminal defense matters may be subject to prosecution under both criminal law and immigration law. Depending on the severity of the criminal charges, government officials may consider putting the immigrant into deportation proceedings.
Regardless of the specifics of your criminal offence, you must seek professional legal guidance from an experienced immigration lawyer well-versed in fighting for your legal status in removal proceedings.
One such possibility for those going through deportation proceedings who believe they have been wrongly accused or improperly placed in removal matters is to pursue litigation options.
Are There Risks to Suing the United States Citizenship and Immigration Services (USCIS)?
While immigration and civil litigation do not necessarily increase the risk of denial in your case, doing so can draw increased scrutiny to your immigration case, which comes with risks.
Before suing USCIS or any other government agency, it’s highly recommended that you seek the professional legal advice of an immigration litigation attorney to ensure that a lawsuit does not increase your risks of losing legal status or potentially being deported from the country.
Contact Our Law Office to Schedule an In-Depth Case Review with a Pennsylvania Immigration Litigation Lawyer Today
If you are considering litigation in your immigration case, you must seek the legal services of an experienced immigration lawyer to represent your rights. At our firm, we practice immigration law with a steadfast dedication to our clients, helping them and their family members achieve their immigration goals in a timely and efficient manner.
Individuals and families interested in immigration litigation should contact our law office before initiating the legal process. We will evaluate your case and determine your legal options as we advance to ensure that your rights are defended and that you have a higher chance of success.
To speak with the attorney and her legal staff about your case, please contact us at (610) 686-3949.
