Colorado Federal Immigration Litigation Attorneys

Frustration is mounting over the federal immigration system, including its lengthy processing times. In such cases, pursuing a lawsuit can be an effective way to hold agencies like USCIS accountable for delays or errors in their decisions.

When a government agency rejects an application or petition, or when there is an unreasonable delay in processing, and all other options have been exhausted, the next logical step may be to take legal action. At this point, it’s essential to partner with a legal team experienced in handling immigration lawsuits. In many situations, litigation in federal court is the only means of challenging incorrect or arbitrary immigration decisions.

For foreign nationals and employers dealing with denials or delays, Smith Knudson’s litigation team is equipped to offer strong legal representation.

With experience in immigration litigation—something uncommon among many firms—Smith Knudson is aware of the increasing need to provide clients with a wider range of actionable solutions. Our firm’s litigation team has achieved success, both through court decisions and settlements, helping clients resolve unfair decisions and practices by immigration authorities.

Immigration Litigation for Delays

Unfortunately, processing delays are a regular occurrence for many immigration petitions, with only a limited number of visa categories eligible for premium processing, and even then, at an additional cost. In these situations, filing a mandamus lawsuit may be the most effective way to compel action on delayed petitions or work permits. If successful, such a lawsuit can result in a judge ordering the relevant government agency—typically USCIS—to make a decision within a designated period, usually 30 to 60 days. While this doesn’t guarantee approval, it does ensure that a decision is rendered.

Immigration Litigation for Denials

Smith Knudson’s immigration litigation team has experience handling a wide variety of immigration matters. We have successfully contested denials for employer-sponsored managerial roles (like EB-1Cs or L-1s), skilled worker visa petitions (such as H-1Bs), naturalization, and other immigration issues in U.S. District Courts and U.S. Courts of Appeals.