Federal Immigration Litigation Attorney in Chicago
When administrative remedies fail, federal court litigation may be necessary to protect your immigration rights. At Liberum Law, our federal immigration litigation attorneys in Chicago file lawsuits in U.S. District Court to challenge USCIS denials, unreasonable processing delays, and unlawful government actions.
Our federal immigration litigation practice includes mandamus actions to compel USCIS to adjudicate unreasonably delayed applications, APA (Administrative Procedure Act) challenges to arbitrary or capricious agency decisions, declaratory judgment actions to establish legal rights, and injunctive relief to prevent imminent harm from unlawful government action.
Federal litigation is a powerful tool when USCIS has denied a meritorious petition, unreasonably delayed processing, or applied the law incorrectly. Our attorneys evaluate whether federal court action is appropriate for your case and pursue it aggressively when warranted.
Contact our immigration litigation attorneys at Liberum Law for a free consultation.
Frequently Asked Questions
When does an immigration case go to federal court?
When USCIS or the BIA issues adverse decisions, certain remedies are only available in federal court: mandamus (compel agency action on unreasonably delayed cases), Administrative Procedure Act challenges (APA claims for unlawful agency action), declaratory judgment, and petitions for review of BIA decisions.
What is a mandamus action?
A federal lawsuit asking the court to compel USCIS to decide a case that has been pending unreasonably long. Most effective for cases pending well beyond posted processing times (typically 18+ months overdue). Often resolves the underlying delay without trial.
Can I challenge a USCIS denial in federal court?
Some denials can be challenged directly in federal district court under the APA — typically when administrative appeals (AAO) are unavailable or have been exhausted. Mandamus and APA claims are the primary tools. Federal litigation requires careful evaluation of jurisdiction and remedies.
How long does federal immigration litigation take?
Mandamus: typically 4–12 months — often resolves before trial when USCIS adjudicates the pending case. APA challenges: 1–2 years. Petitions for review of BIA decisions: 1–3 years. Federal litigation is a powerful tool but not a quick fix.
How much does federal immigration litigation cost?
Every case has its own specifics. Our experienced attorney will evaluate your case and provide a detailed quote. Contact us today for a detailed case evaluation.