Administrative Procedures Act (APA) for Wrongful Denials

Administrative Procedures Act (APA) for Wrongful Denials

If your case has been improperly denied, and you have unsuccessfully exhausted all of your options of appealing the decision, you may have the right to bring an Administrative Procedures Act federal lawsuit in district court to have the decision reviewed by a judge and ultimately reversed. 

Under the APA, you can sue if you feel that the immigration officer ignored the evidence and documentation provided in the filing or relied on arbitrary or incorrect legal conclusions to deny a petition. If the district court finds that the decision by USCIS, or other federal agency, was unlawful, arbitrary, capricious, or an abuse of discretion, then the district court can reverse the decision. 

Some of the common types of cases in which an APA action may be appropriate are for denied immigrant visas such as an I-130 visa petition or an I-485 application for adjustment of status (i.e. green card).

In order to bring an APA suit, you must show that you have “exhausted all administrative remedies” mandated by law and that the agency has issued a “final” decision on your case. Generally, upon a showing that you have no other option to challenge the decision, then you have the right to bring an APA suit. 

Attorney Gary Boyadzhyan has successfully assisted numerous clients with their APA lawsuits to have their unlawful decisions reversed. 

Contact Boyadzhyan Law for a free initial case evaluation to see if we could help reverse your denied application and get the justice you deserve. (818) 572-4100 | info@boyadzhyanlaw.com