Actions Under the Administrative Appeals Act (APA)

Has USCIS issued a decision regarding your petition or application that is contrary to law or fails to consider all the relevant facts? You may be able to file an action with the U.S. District Court under the Actions Under the Administrative Appeals Act or APA. The APA allows you to challenge actions by USCIS that are arbitrary, capricious, or contrary to law. The Administrative Procedure Act allows the U.S. District Court to conclude USCIS’s actions were unlawful and set them aside. However, before you file an action with the U.S. District Court, you must exhaust all administrative remedies.