Can I sue USCIS for denial?
Asked by: Eula Streich Sr. | Last update: February 13, 2026Score: 4.1/5 (16 votes)
Yes, you can sue USCIS in federal court for certain denials or unreasonable delays, primarily under the Administrative Procedure Act (APA) or for specific naturalization issues (Section 1447(b)), to challenge arbitrary, capricious, or unlawful decisions or compel a timely ruling, often after exhausting administrative appeals. While you can appeal many decisions within USCIS (like to the AAO or BIA), a lawsuit forces federal court review, which can result in the denial being overturned, the case sent back for reconsideration, or an order for USCIS to act.
Is suing USCIS a good idea?
While it shouldn't, suing the agency can strain your relationship with USCIS and potentially complicate future immigration applications or petitions.
How much does it cost to sue USCIS?
Possibility of Denial: Once the lawsuit compels a decision, USCIS could issue a denial if they find problems with your application. Legal Costs: Filing fees for federal court are typically around $400–$500, and attorney fees can range from $5,000 to $10,000 or more.
Can you sue USCIS for denial?
§ 1447(b)) This is the strongest tool available to citizenship applicants. If you attended and completed your initial citizenship interview and 120 days have passed without USCIS issuing a final decision (approval or denial), you can file a Section 1447(b) lawsuit.
What happens when you sue USCIS?
If I sue the USCIS, will the USCIS deny my pending application? No, USCIS will not adversely affect the decision on your Immigration application because you have exercised your right to sue in court and applications will be decided on their merits alone.
Can I Sue USCIS After A NOID Denial? - US Citizenship Immigration Guide
What happens if USCIS denies your case?
If USCIS denies your application, you usually receive a notice explaining why, giving you options like filing a motion to reopen/reconsider (using Form I-290B) or appealing to the Administrative Appeals Office (AAO) within strict deadlines (often 30 days), or you might need to refile with corrected information or a waiver, depending on the reason for denial; immediate legal advice is crucial.
What is the average cost of a civil lawsuit?
Civil lawsuit costs vary wildly, from under $10,000 for simple, quickly settled cases to over $100,000 or more for complex matters, driven by attorney fees (often $150-$550+/hour or large retainers), expert witnesses, filings, depositions, and court costs. Simple cases might involve filing fees ($30-$435+) and minimal attorney fees if settled quickly, while complex disputes require significant upfront money for discovery and trial prep, with outcomes depending heavily on the case's length and complexity.
How to appeal USCIS denial?
For most appeals, appellants must file an appeal on Form I-290B within 30 calendar days after personal service of the decision, or 33 calendar days if the decision was mailed. An appellant must file an appeal of a USCIS decision to revoke the approval of an immigrant petition upon notice under 8 C.F.R.
Can you sue USCIS for emotional distress?
Emotional distress claims against USCIS are not permitted as standalone claims under the Federal Tort Claims Act (FTCA). While suing for emotional distress is not permitted under the FTCA, mandamus actions and Administrative Procedure Act (APA) claims are available to challenge USCIS actions.
What is the 5 year rule for USCIS?
An applicant for naturalization under the general provision must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization.
How to take USCIS to court?
Mandamus lawsuits must be filed in the U.S. District Court where the claim arose, normally in the state where the petitioner or applicant resides or where the USCIS is located. After filing, the complaint the lawsuit is served upon the USCIS through its attorney, the Office of the U.S. Attorney.
Is it worth using an immigration lawyer?
Yes, immigration lawyers are often worth the cost, especially for complex cases like deportation, asylum, or employment-based petitions, as they prevent costly errors, navigate complex laws, improve success rates, and provide crucial guidance, though simple cases might be manageable without one if you're very thorough and have a clean record. They offer expertise in the intricate U.S. immigration system, ensuring correct documentation, timely filings, and strategic advice, saving time and stress, and can be essential for preserving your rights and future in the country.
Can I file a complaint against USCIS?
If you believe a USCIS employee has been involved in criminal violations, misconduct, wasteful activities, or allegations of civil rights or civil liberties abuse, you should report specific information to the Department of Homeland Security (DHS) Office of the Inspector General.
What are the disadvantages of suing?
Time Commitment and Delays. Legal cases take time – often months or years, depending on complexity. A lawsuit involves meetings with attorneys, producing evidence, depositions, procedural delays, and eventually trial if necessary. Plaintiffs must be committed for the long haul.
Who to serve when suing USCIS?
Service on an Agency or Officer of the United States
To serve DHS, USCIS, ICE, or any DHS employee in their official capacity, including the DHS Secretary, the regulations state that the summons and complaint should be sent to the Office of the General Counsel at the address in Appendix A.
What not to say at immigration?
“I've been denied a visa before.” “I'm still figuring out my immigration status.” “I don't have proof of medical examinations or vaccination proof.” “I don't know how to comply with visa conditions during my stay.”
Does suing USCIS work?
Suing USCIS for delay should be considered as a last resort, but it can be highly effective. Applicants may file a Section 1447(b) lawsuit after 120 days from the naturalization interview. Applicants awaiting an interview may file a mandamus action to compel USCIS to act.
What proof do I need for emotional distress?
To prove emotional distress, you need objective evidence like medical records (diagnoses, therapy notes), expert testimony from mental health professionals, and documentation of physical symptoms (sleep issues, panic attacks), alongside personal journals detailing impact, and witness statements from family/friends who observed changes, all to establish a clear link between another's actions and your severe suffering. A lawyer helps gather this proof to show the distress is severe and impacts daily life, not just temporary annoyance.
What to do if your USCIS case is denied?
You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate entities that have jurisdiction over different types of immigration cases.
Can I apply for citizenship after denial?
If the U.S. Citizenship and Immigration Services (USCIS) denies your naturalization request, it can feel like your dream has been crushed, but it doesn't have to end there. You still have legal options and the right to appeal or reapply under certain circumstances.
What is proof of appeal USCIS?
Form I-290B, Notice of Appeal or Motion, is primarily used to file: 1. An appeal with the Administrative Appeals Office (AAO); or. 2. A motion with the U.S. Citizenship and Immigration Services (USCIS) office that issued the latest decision in your case (including a field office, service center, or the AAO).
What are valid reasons for appeal?
Grounds of appeal are the specific legal reasons a party claims a lower court made a significant error, justifying a higher court review, typically involving legal mistakes (wrong law application, jury instructions), procedural errors (jury selection, evidence handling), constitutional violations (due process), insufficient evidence, ineffective counsel, or prosecutorial misconduct, aiming to overturn or modify the original ruling.
How much money is enough to sue?
You don't need a fixed amount of money to start a lawsuit, but costs vary widely, from under $100 for small claims court filing fees to tens or hundreds of thousands for complex cases with lawyers, with personal injury often using "no win, no fee" (contingency) arrangements where you pay a percentage (30-40%) if you win. Initial out-of-pocket expenses (filing fees, retainers) can range from under $100 to several thousand dollars, depending on court, case type, and lawyer.
How much of a 25k settlement will I get?
From a $25,000 settlement, you'll likely get significantly less than the full amount, often around $8,000 to $12,000, after attorney fees (typically 33-40%), case costs (filing fees, records), and medical bills/liens are paid, with the exact amount depending on how much your lawyer charges and the total medical expenses you owe.
Do most civil lawsuits settle?
Wondering how many cases settle before trial? You're not alone. This is one of the most common questions people ask personal injury lawyers. The reality is that the vast majority of civil lawsuits are resolved out of court, long before a jury is ever involved.