Immigration Appeals and Litigation
If you are in need of a competent Pennsylvania immigration lawyer, Hykel Law serves this niche throughout the Greater Philadelphia and Southern NJ. U.S. immigration laws are not always clear-cut like other laws. For some foreign nationals, our system is downright confusing and frustrating. Not everyone fits into the “mold” of what is allowed or not allowed under the current interpretation of immigration laws.
Attorney Renee Hykel Cuddy, Esq. is trained to navigate, plan and move forward on a feasible solution for even the most complicated immigration matters. If possible, she will go above and beyond to get your case approved, when the agency has taken an incorrect position on the law. When USCIS has unfairly denied your case, delayed your case processing well beyond normal processing time, or held your loved one in detention without a bond hearing, Hykel Law will file a federal lawsuit to compel USICS and/or ICE to act justly.
Hykel Law’s litigation services deal with discerning facts to find solutions for our clients. Some of these immigration appeal and litigation services include:
- Delayed Naturalization Cases: USCIS is required to give you a decision on your application for naturalization within 120 days of your interview under Section 336 of the Immigration and Naturalization Act. If your case has been delayed longer than that time period, Hykel Law can sue USCIS and ask the judge to assume jurisdiction and issue a decision or order USCIS to give you a decision. We have successfully obtained naturalization approvals after initiating these actions in federal court.
- Delayed Green Card Applications: If USCIS has delayed the processing of your green card application beyond a reasonable amount of time, Hykel Law can file a mandamus action in federal court to compel USCIS to give you a decision in your case. After filing such actions, we have obtained stipulations from the federal government agreeing to give a decision within 60 days.
- Appeal of a Denied Green Card Application: When your Green Card application is denied, Hykel Law can help you evaluate your options. You can take an appeal to a higher USCIS authority (the Administrative Appeals Office (AAO)), you can refile the case or you can sue USCIS in U.S. District Court. Hykel Law can evaluate your case and recommend the best course of action. If the case was not properly prepared, which often occurs when people do not use lawyers, often the best option is to re-file the case because you will get faster, more cost effective results. Moreover, if you are going to take an appeal to a higher authority later, the case needs to be properly documented for the appeal. Make an appointment today with Renee Hykel Cuddy so she can evaluate your case to determine the best strategy for your unique circumstances.
- Appeal an Order of Removal: After an Immigration Judge (“IJ”) orders someone to be removed from the United States there are limited options available. Hykel Law can help you determine which options are best for your case. You can file a Motion to Reopen and/or a Motion to Remand the matter with the Board of Immigration Appeals (BIA) or with the IJ, as appropriate. When new evidence which was unavailable at the time of the hearing becomes available, a Motion to Reopen may be a good option. If you did not have proper notice of your Removal Hearing, a motion to reopen an in abstentia order of removal may be appropriate. If a legal error was committed by the IJ, a Petition for Review in the Circuit Court of Appeals with jurisdiction over the matter may be the best option. Renee Hykel Cuddy has had successes after filing each of these matters including in the Second Circuit Court of Appeals.
- Appeals of Denied Work Visas: If USCIS unfairly denied your work visa there are three options available: re-file the case, take an appeal to a higher USCIS authority (the Administrative Appeals Office (AAO)) or you can sue USCIS in a Declaratory Judgment Action in the U.S. District Court where jurisdiction over the matter is proper. Hykel Law has successfully obtained approvals for persons denied work visas after carefully evaluating the case to determine the best course of action and aggressively moving forward to win the case.
- Denied PERM:If the Department of Labor (“DOL”) has unfairly denied Form 9089 (Labor Certification), you can appeal the case to the Board of Alien Labor Certification Appeals (“BALCA”) which is a higher office in the DOL. Renee Hykel Cuddy has successfully litigated matters at the BALCA level to have the case remanded to the Certifying Officer in the DOL for approval of the Labor Certification.
- Administrative appeals: When appropriate, Hykel Law can file a appeal of your case to the Board of Immigration Appeals.
The PA and NJ immigration litigation team regularly takes part in community outreach to citywide, regional events as an advocate for fair and responsible immigration laws. Our team has experience filing federal lawsuits in Pennsylvania, New Jersey and the Circuit Courts.
PUT A TRUSTWORTHY PHILADELPHIA IMMIGRATION ATTORNEY ON YOUR SIDE TODAY.
We Help Solve Immigration Challenges
How can we help you? Click on one of the boxes below to get started:
Employment & Investment Visas
Although it often comes with controversy, immigration into the United States has always played a major role in the strength of its economy. Perhaps no one understands this more than the residents of Philadelphia, where the Liberty Bell still welcomes foreigners to one of the richest historical communities of our country.
Not knowing or understanding the system and laws of the U.S. can be a disadvantage for many foreign immigrants who wish to obtain permanent residency in the United States, either for themselves or for their loved ones. Hykel Law’s Family-Based Immigration Services can lead you through the complicated process to achieve either temporary or permanent residency, depending on your situation.
Are you afraid of deportation? If you are a foreign national involved in the beginning stages of removal proceedings, the deportation attorney at Hykel Law in Philadelphia can help prevent this unfortunate situation. We can evaluate your immigration case and find the best strategy to defend you from removal proceedings to help you stay in the United States.