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Should You Sue USCIS or the State Department for Delays Under the Trump Administration?

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If you’ve been dealing with immigration delays, you might be wondering whether filing a lawsuit against USCIS or the State Department is worth it—especially with the Trump administration in office. Many immigrants are concerned about how their cases will be handled and whether a lawsuit will even be effective under a second Trump term. Let’s break it down.

Lawsuits Worked During Trump’s First Term

One of the biggest concerns people have is whether a lawsuit can even work under Trump’s administration. The truth is, lawsuits were effective throughout his first term from 2017 to 2021. In most cases, lawsuits got the government’s attention and forced action, leading to faster case processing. Despite political changes, the legal system still holds agencies accountable, and lawsuits remain a viable tool for immigrants facing unreasonable delays.

Deciding When to File a Lawsuit

Another major concern is whether it’s better to have a case decided earlier or later in Trump’s term. Here’s why filing sooner rather than later might be the better choice:

  1. Regulations Will Likely Get Tougher – As seen in Trump’s first term, immigration policies became stricter over time. The administration implemented new regulations, increased scrutiny, and made it harder for immigrants to secure benefits. The earlier your case is decided, the less likely it is to be affected by additional restrictions.
  2. Leadership Changes Could Mean More Delays – Over time, Trump will appoint more officials who align with his restrictive immigration stance. The longer you wait, the more likely your case could be affected by leadership changes at USCIS and the State Department.
  3. Lawsuits Force Action – Immigration agencies often delay cases unnecessarily. A lawsuit can push them to take action, ensuring your case doesn’t sit in limbo for years.

Why Filing a Lawsuit May Be the Right Move

If your case has been stuck with USCIS or the State Department for an unreasonable amount of time, a lawsuit might be your best option. It’s one of the most effective ways to get a response and move your case forward. Given the likelihood of increased delays and stricter policies under Trump, taking action sooner rather than later could be beneficial.

If you’re considering filing a lawsuit, consult with an experienced immigration attorney to explore your options. Immigration delays can be frustrating, but there are legal pathways available to help you get the answers and results you need.