There are many cases currently awaiting adjudication in immigration. Many often undertake the immigration case head long without any legal assistance. In the end, they end up being crushed by the red tape and awaiting a final adjudication to no avail.
For many immigrants undergoing the progress of adjudication is to expect a long and arduous road ahead. Furthermore, the Board of Immigration Appeals (BIA) the body set by law to hear immigration cases, loosely define “extreme hardship”. In its recent decisions, separation of family members and financial difficulties are not deemed to fall within the definition of “extreme hardship”. This is a problem in itself.
To force the BIA to act quickly and equitably, the option is to go to federal courts to seek equitable relief through a mandatory writ of mandamus seeking to move the BIA to act on the petition as further delay would lead to further injustice and injury. Since many individuals with cases do not have legal representation or guidance, this option goes unheeded, unless advised by others.
When one sues the US government, it is mandatory for the government to respond within sixty (60) days of receipt of the case papers. By seeking federal action, the case that is hibernating becomes active again, as there is a need to review the case file to respond to the case.
There are other options available once the immigration case is removed from the case files of the CIS or the BIA. First and foremost, though, engage the services of an immigration lawyer for your benefit.