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Will Suing the Government Hurt My Immigration Case?

Will Suing the Government Hurt My Immigration Case?

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Will USCIS retaliate if you sue them? Will filing a lawsuit hurt your chances of approval? This episode addresses the most common fears about mandamus lawsuits and explains why the myths are not supported by evidence.

The fear of government retaliation is the biggest barrier preventing people from pursuing mandamus litigation. In this episode, we tackle these concerns directly. Topics include why there is no evidence of government retaliation against applicants who file suit, the separation between litigation (DOJ and AUSA) and adjudication (USCIS officers), why filing a lawsuit is not a negative factor in good moral character analysis, how adjudicating officers decide cases based on eligibility rather than pending litigation, why mandamus lawsuits typically accelerate cases rather than slow them down, the high success rate of mandamus litigation and why agencies prefer to adjudicate, what "losing" a mandamus case actually means and the limited downside risk, why bureaucratic delays often have nothing to do with the merits of your case, cultural and psychological barriers to filing suit, and when caution is warranted based on timing, case evaluation, and eligibility concerns.

This is legal education, not legal advice. Every case is different. Consult a qualified immigration attorney about your specific situation.

Learn more at mandamuslawyers.com/podcast

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