Federal Review of Immigration Decisions
Federal courts are entrusted with reviewing agency denials of benefits under the Immigration and Naturalization Act and the Administrative Procedures Act. Federal Courts may review agency decisions, or indecision, in a case. The basis of such jurisdiction is the Constitution under Article III, the Administrative Procedures Act, the Mandamus Statute, and the Immigration & Naturalization Act.
What Type of Cases can the Federal Court Review?
Federal Courts may review the following decisions from the United States Citizenship & Immigration Decisions:
- Denials of Employment-Based Petitions, including non-immigrant visa petitions and immigrant visa petitions.
- Denials of Family visa petitions, including denials of I-130 Immigrant Visa petitions, I-485 Adjustment of Status Applications, and I-730 derivative Asylum benefits
- Denials of N-400 Application for Citizenship, and N-336 Naturalization Appeals
Federal Courts may also review unreasonable delays in the abovementioned cases. So, if the Service is not adjudicating such petitions, or is taking an unreasonable amount of time, an Applicant or Beneficiary, may petition for review by a Federal Court of competent jurisdiction to rule on such unreasonable delay.