Review of Erroneous USCIS Decisions

Challenging Unjust Immigration Rulings Through Federal Court

USCIS sometimes denies applications based on legal errors, misinterpretation of evidence, or procedural mistakes. If your visa, green card, or immigration benefit was denied unfairly, you may have the right to challenge the decision in federal court.

At Benach Pitney Reilly Immigration, we help individuals fight wrongful USCIS denials by filing lawsuits to hold the agency accountable and secure the immigration status they deserve.

If you believe USCIS made a mistake in your case, contact us today to discuss your legal options.

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When Can You Challenge a USCIS Decision in Federal Court?

You may be eligible to appeal a USCIS denial in federal court if:

  • Your case was denied due to a legal or procedural error.
  • USCIS failed to consider key evidence in your application.
  • The denial was unreasonable in light of law and facts.

Not all USCIS decisions can be challenged in federal court. Consult an attorney to determine if your case qualifies.

Types of Erroneous USCIS Decisions That May Be Challenged

Wrongful Green Card Denials

  • Improper application of eligibility criteria.
  • USCIS ignored key documents or evidence.

 

Unjust Visa Petition Denials (Employment, Family visas, etc.)

  • Inconsistent reasoning in adjudicating petitions.
  • Misapplication of the law by USCIS officers.

 

Unlawful Naturalization Denials

  • Denials based on misinterpretation of good moral character.
  • Failure to properly review residency and physical presence requirements.

How to Challenge a USCIS Decision in Federal Court?

Step 1: Exhaust Administrative Remedies (If Required)

Some cases require an appeal to the Administrative Appeals Office (AAO) or Board of Immigration Appeals (BIA) before going to federal court.

Step 2: File a Federal Lawsuit (APA Challenge)

A federal complaint is filed under the Administrative Procedure Act (APA), arguing that USCIS made an unlawful decision.

Step 3: Government Response & Legal Proceedings

The government must respond and may engage in negotiation with the immigrant for a resolution outside of federal court. Where the parties can not agree on such a resolution, both parties will ask the court to rule in their favor through motions for summary judgement.

Step 4: Court Decision

The federal court can overturn the USCIS denial, order a reconsideration, or uphold the decision.

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How can Benach Pitney Reilly Immigration Help?

Our experienced immigration attorneys provide:

  • Case Analysis: Reviewing USCIS decisions for legal or factual errors.
  • Federal Litigation: Filing lawsuits in federal court to challenge unfair denials.
  • Strategic Negotiation: Working with the government to resolve disputes efficiently.
  • Strong Advocacy: Building compelling legal arguments to secure approvals.

Unfairly denied by USCIS? We can help fight for your rights in federal court.

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Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
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""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.