For many types of immigration applications, unwarranted delays and wrongful denials occur with some frequency. Fortunately, individuals who encounter a delay or denial usually have options for addressing the issue. At Kiang Immigration Law, we apply more than three decades of immigration law experience to help clients pursue the appropriate path for remedying a delay or denial, including filing appeals with the Administrative Appeals Office (AAO) and filing an action in federal court. Based in Alhambra, California, we serve clients throughout the Greater Los Angeles area and Southern California, across the United States, and around the world.
Decades of Experience and a Focus on Client Service
Immigration delays and wrongful denials occur in many different situations. Regardless of the circumstances, the individual whose hopes and dreams are at stake should get help from a knowledgeable immigration attorney. Over more than 30 years of immigration law practice, Kiang Immigration Law has established a reputation as a preeminent immigration law firm in the community. Representing clients to address delays and wrongful denials is an important part of our comprehensive immigration legal services.
Our attorneys, William Kiang and John Kiang, focus exclusively on immigration law, which enables us to devote our full attention to each client’s immigration needs. We have a solid record of successfully representing clients in cases involving delays and denials, which illustrates our skill in these matters and our focus on providing the highest level of client service.
USCIS Administrative Appeals Office
The Administrative Appeals Office (AAO), which is part of United States Citizenship and Immigration Services (USCIS), has jurisdiction over numerous types of cases filed with USCIS offices. If an applicant receives an unfavorable decision reviewable by the AAO, the notice of the decision provides information about whether the individual may file an appeal or motion with AAO.
When the option is available, filing an AAO appeal after a denial may be the right choice, but it also may not be the most advantageous course to pursue. In some circumstances, it is more beneficial for the applicant to seek review of the USCIS denial by pursuing review by a federal court under the Administrative Procedure Act (APA). Particularly for that reason, an applicant who receives a denial that is appealable to the AAO should contact an experienced immigration attorney for advice and representation before taking any steps to pursue an appeal or file a motion. Our attorneys at Kiang Immigration Law are thoroughly familiar with AAO practices and policies, as well as the federal court options for appealing an unfavorable decision. We apply our extensive experience to counsel and represent individuals facing adverse administrative decisions on immigration applications.
Federal Court Immigration Cases
If an immigration application is delayed or denied, several different types of court actions may be available depending on the circumstances. Litigation over immigration matters occurs in federal district courts and federal circuit courts of appeal. Since federal courts have complex procedures and rules that apply to all cases, representation by legal counsel is imperative to have the best chance of succeeding in a federal court action.
Our immigration attorneys at Kiang Immigration Law have extensive experience in all types of immigration litigation. If you face an unfavorable decision in an immigration matter, we encourage you to reach out to us to discuss your options for challenging the administrative agency action. Several types of actions may apply, depending on the situation, including:
- Seeking federal district court review of unfavorable agency action under the Administrative Procedure Act
- Filing a writ of mandamus action for unnecessary delay in an agency immigration application
- Appealing an adverse decision of the Board of Immigration Appeals (BIA) to the federal circuit court of appeals
- Filing a writ of habeas corpus for delays after an individual has been detained by ICE
There are other situations and types of adverse actions involving delays and denials that can be pursued in federal court as well. Our immigration attorneys at Kiang Immigration Law analyze your situation, explain what options are available, and help you make a fully informed decision before you proceed. Regardless of what type of immigration issue you encounter, we are always here and ready to help.
Talk With Our Immigration Law Attorneys About an Immigration Delay or Denial
Kiang Immigration Law welcomes inquiries about representation in immigration delays and denials. Our attorneys are available to meet with clients in our Alhambra, California office, as well as by phone or through platforms like Zoom and FaceTime.
To schedule a consultation, call us at 626-782-7759 or use our online contact form.