I'm Josh Goldstein, an immigration lawyer based in LA, but we've also got a crew on the East Coast. My team and I help folks from all over the world make their immigration dreams a reality.
In my recent video, I was very excited to share the news of winning a hearing and shutting down a government motion for a client with a crazy delayed immigration case.
Let’s now delve into the details of how my team and I pulled this off!
Government Motion: A Look at Legal Strategies
In this recent win, I got to pull out some heavy legal artillery: the Motion to Dismiss under 12(b)(6) and the Motion for Summary Judgment. Moves such as these are game-changers for a client who'd been stuck in immigration limbo for years.
Unpacking the Motion to Dismiss (12(b)(6))
The government's first play was to file a Motion to Dismiss under 12(b)(6). They argued that the delay was all thanks to unexpected curveballs like the pandemic and a crazy backlog.
But I came back swinging, focusing on the strength of my client's complaint. I stressed that the motion should only weigh the info inside the complaint, not anything from outside sources.
The Game-Changing Motion for Summary Judgment
After successfully fending off the Motion to Dismiss, we progressed to the Motion for Summary Judgment. This step was a critical turning point. In this phase, the government was required to provide affidavits based on personal knowledge to support their arguments.
This gave us the chance to dig deep into the case. We were able to ask pointed questions and conduct thorough examinations, which armed us with the vital info we needed.
A Case in Point: The Pandemic Delay
To put it into perspective, our client submitted an application for his wife in March 2020, just as the pandemic hit.
She still hadn't been granted an interview in the latter half of 2023. This drawn-out wait has really hit their finances hard and affected their emotional well-being.
The Power of Persistence
These legal tricks, the Motion to Dismiss and the Motion for Summary Judgment, are like secret weapons to speed up cases that are stuck in the system.
With the right game plan and not giving up, we can tackle the tricky world of immigration law together and help you reach that American dream!
In some cases, even the State Department admits they've misplaced some important immigration paperwork. That's why it's crucial to keep a sharp eye on justice through these legal routes.
In the end, our mission is crystal clear: we're all about fighting for immigration justice. Every applicant deserves a fair shot, and that's exactly what we're here to make sure happens.
Writ of Mandamus Lawsuits
These lawsuits serve as a legal way to prompt government agencies or officials into action when faced with delays. It's akin to saying, "Let's move things forward!"
We take these matters to federal court, which is basically like the big leagues. There, we can get an order that basically tells the government, "Let's pick up the pace!" These legal moves are a big deal for us, making sure the government keeps up in a timely manner.
They constitute an integral component of our approach to advocating for immigration justice, aiding our clients in advancing toward their aspirations of achieving the American dream.
Tell Us About Your Case
In summary, that covers the key points! Navigating through immigration hurdles can be a real journey, but armed with the right knowledge and strategies, you can turn the tide in your favor.
We're offering a free legal consultation to help assess your unique situation. Take a few minutes to complete our Immigration Case Quiz, and let's get the ball rolling toward your immigration goals.
Your future in the United States could be closer than you think! Ensure you don't miss this opportunity. Embark on your immigration journey now!
Posted in: Blog