I know how frustrating it can be to face immigration backlogs. But there's good news. You can file a Writ of Mandamus to help speed up the process. In this guide, we'll explain the process and demystify motions to dismiss to help you successfully navigate your immigration case.
If you receive a motion to dismiss your case, don't worry, it's not the end. This is a normal process that frequently happens when a case goes beyond 60 days without a resolution. While it can be disheartening, it's a situation that we have encountered before. Approximately 1 or 2 out of every 10 cases experience motions to dismiss, so it's quite common. In such cases, we can intervene to offer help in your immigration journey. However, it's important to understand the difference between a "dismissal with prejudice" and a "dismissal without prejudice" when a court dismisses a case.
When a court dismisses a case with prejudice, it means that the matter is considered closed and resolved. This implies that the case cannot be refiled. In immigration cases, a motion to dismiss with prejudice indicates that the court has discovered a significant issue that cannot be resolved. This can be a significant obstacle to overcome because it closes the door on that particular claim. But not all motions to dismiss result in a "with prejudice" decision. In some cases, it results in a "without prejudice" situation, which gives you a chance to amend the case, include additional details, or make necessary changes.
It's crucial to note that the final outcome of an immigration case is highly dependent on the specific facts and merits of the case. That's why having a team of experienced immigration lawyers on your side is crucial. Only they can provide the necessary expertise to help navigate the complex legal proceedings involved. With their guidance, you can rest assured that you will be well-informed throughout the process.
Our client's case was stuck at the U.S. Consulate in Colombia, leading to mounting delays and frustration. To resolve the issue, we filed a lawsuit, which prompted the federal government to file a motion to dismiss. However, we did not back down and continued to pursue the case. While the motion was still pending, our clients' case was processed, and they were granted their visas. This example underscores that a motion to dismiss is a procedural roadblock en route to trial. If you find yourself in a similar situation, rest assured that we are on your side, ready to fight and win.
If you're facing a motion to dismiss an immigration case, it can seem like a major obstacle in the way of achieving your dreams. However, expert advice can help guide you through the process. In this section, we'll provide valuable insights and tips on how to effectively handle a motion to dismiss.
Staying Calm and Informed During Motions to Dismiss: It's important to understand that a motion to dismiss is a standard procedural step, not an indication of the strength of your case. Educate yourself and seek advice from experienced professionals.
Get detailed information: Work closely with your legal team. Malik & Associates, PLLC provides services and representation to its clients s in the United States and throughout around the globe. Contact us online or call us today at (214) 881-2100 for a consultation