Q: Can I sue immigration? I have kids in Ukraine where is war now and I can not bring them to me in USA
I have filed I-130 and its in in status of getting interview now, and I filed U4U program and this I-134A case got confirmed in April 2023. Till now I still can not move forward any of this cases and bring kids to me from Ukraine. Its a brutal war in Ukraine and beside my kids I do not have any family at all. I move them to Panama just to escape war and let them live. I am a USA citizen with a good income , and financially secure.
A writ of mandamus can be dismissed. The Unite for Ukraine process is totally discretionary and there are too few examiners to process the applications, but visas that are subject to unreasonably low Congressionally mandated levels are political matters.
Complain to your Congressional Representative that the visa quotas need to be increased! The visa quotas have remained too low since 1990. This has created 15 year or more delays in some categories. That is, from when the petition was filed with USCIS.
As an attorney, I understand the urgency and emotional difficulty of your situation. While I empathize with your predicament, I must clarify that U.S. immigration law does not provide a direct avenue to sue the government to expedite or prioritize specific immigration cases. The processing times for immigration cases can vary depending on various factors, and sometimes delays can occur due to backlogs or other administrative reasons.
I advise you to consult with an immigration attorney to review the specifics of your case and explore all available legal options to expedite the process or inquire about humanitarian parole or other potential avenues to bring your children to the U.S. under these circumstances.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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