There is no question that the process of immigrating to the United States can take a long time. While delays are a part of the process, some delays are unreasonable. Anyone facing an unreasonable delay in their immigration decision could help move that decision along with the help of a skilled immigration attorney.
There are countless factors that could delay an immigration decision, and it might not always be clear from the outset what the delaying factor is. Thankfully, a Boston immigration delay lawyer could help identify the cause of the problem and take the steps needed to secure a decision.
Diagnosing the cause of a delay could be one of the most valuable steps taken by an immigration attorney in Boston. While it is simple to assume that a delay means there is a problem or that denial is imminent, some delays are unavoidable.
A delay could happen at any point in the immigration process. For example, a holdup with the FBI background check could cause the entire process to drag. The same is true if the file is lost by the federal government. In fact, internal delays are one of the most common factors that can drag out an immigration decision.
There are certain delays that occur because of a lack of documentation. Often, these delays result from an applicant’s failure to attach all of the necessary documents. When the lack of documentation is the cause for a delay, the federal government typically gives applicants the chance to provide what is needed.
There are different tools a Boston attorney could use to deal with an immigration delay. Often, resolving a delay could involve providing additional information requested by the federal government. For example, if a necessary document was not attached to the application, an attorney could ensure that document was provided.
Working with the government to resolve delays amicably is not always successful. There are times when it could become necessary to initiate legal action against the government to ensure a delay is resolved. In addition to diagnosing the cause of a delay, a Boston immigration attorney could pursue legal remedies to resolve them.
The strongest option available when it comes to resolving a delay is through a legal action known as the writ of mandamus. The writ of mandamus is used to require the government to complete a task that they are required to do under the law. In the case of immigration applications, a writ of mandamus could force the government to reach a decision in a specific case.
It is important to remember that a writ of mandamus will only force the government to make a decision. If a writ is successful, it does not mean that decision will be in favor of the applicant. Pursuing these writs can be challenging, and it is vital to have the right legal counsel on your side.
Delays are unfortunately a part of the process for immigration applicants. However, there are times when a delay is so long that it is unreasonable. If you are facing a lengthy delay, you could benefit from the guidance of an experienced attorney. Contact our office today to discuss your case with a Boston immigration delay lawyer.
