Why Now Is the Smartest Time to Sue USCIS

If you're a U visa applicant or another immigrant stuck in long USCIS delays, you don’t have to wait helplessly. With the recent news, many immigrants are wondering: Is it still safe and effective to sue USCIS on my own? The short answer is yes—and in many ways, now may be the most strategic time to act.

We’re empowering immigrants to sue USCIS without a lawyer, and recently addressed these concerns in a live Facebook session featuring our attorney advisor, Brad Banias. The discussion tackled the risks, opportunities, and changing legal landscape for immigrants navigating the U.S. immigration system under the new Trump administration.

What Is Pro Se Pro?

We offer a self-service legal toolkit for immigrants experiencing unreasonable delays from USCIS. “Pro se” means representing yourself. With our platform, applicants can file a federal lawsuit—known as a mandamus lawsuit—without hiring an attorney.

This approach is not only affordable but surprisingly effective. Most lawsuits lead to action from USCIS within a few months, sometimes weeks.

Is It Safe to Sue USCIS During the Trump Administration?

One of the most common concerns we’ve been hearing lately is whether suing USCIS might put your case—or your safety—at risk under the Trump administration.

Brad Banias, a seasoned immigration attorney, addressed this head-on: “We are not seeing retaliation,” he emphasized. Filing a lawsuit, even under the current administration, remains legal and protected.

In fact, federal judges—many of whom have clashed with the Trump administration in recent years—may now be more willing to push back against USCIS overreach. “The judiciary is protective of its role,” Brad explained. Judges, who serve lifetime appointments, don’t want to set dangerous precedents by allowing the executive branch to stall or mishandle immigration cases unchecked.

Bottom line: Lawsuits continue to work, and the legal system still offers protection—even under Trump.

Why Mandamus Lawsuits Are More Effective Than Waiting

USCIS processing times have ballooned in recent years. For example, the average wait for a Bona Fide Determination (BFD)—the stage that unlocks work permits for U visa applicants—has been as high as 51 months.

Thanks in part to pressure from Pro Se Pro plaintiffs, that timeline has dropped to around 35 months. That’s still nearly 3 years, and far too long for immigrants trying to work, support families, or access basic security.

Lawsuits are changing that. Many Pro Se Pro users report USCIS taking action within 60–90 days of filing.

Nebraska Court Challenges—and How Pro Se Pro Is Adapting

Pro Se Pro began filing many of its U visa lawsuits in the District of Nebraska in early 2025, after USCIS shifted more cases to the Nebraska Service Center. Unfortunately, two of the five judges in that district have been dismissing cases quickly, especially when facing aggressive (and inexperienced) DOJ attorneys.

But instead of giving up, Pro Se Pro pivoted fast.

“We’ve learned. And now we’re stronger,” said Banias.

Here’s how Pro Se Pro adapted:

Refiling cases outside Nebraska in districts where plaintiffs live
Monitoring each case to provide backup strategies in real time
Developing new arguments and templates based on government motions
Using data from FOIA lawsuits to predict trends and optimize filings

This experience is making Pro Se Pro more effective and more flexible than ever before.

Can You Really File a Lawsuit Without a Lawyer?

Yes. And it works.

We built specifically to support pro se plaintiffs—people filing lawsuits on their own. With the right tools, you don’t need legal training to demand action from USCIS.

Hundreds of immigrants have already used Pro Se Pro to:

Get BFD work permits approved
Secure waiting list decisions or visa approvals
Reunite with family members stuck outside the U.S.

And you can do it too.

What Happens If You Lose the Lawsuit?

Good news: Losing a USCIS mandamus lawsuit does not hurt your immigration case.

Why? Because the lawsuit is not about whether you qualify for the visa—it’s about how long you’ve been waiting. Even if a judge says, “You haven’t waited long enough,” that has no impact on whether you’ll eventually get your U visa, work permit, or adjustment of status.

Worried about worst-case scenarios? Here’s what they actually look like:

You might need to refile the lawsuit in another district.
You might wait a few extra months while Pro Se Pro helps you pivot.
You do not risk denial or deportation for suing.

As Banias put it: “You have nothing to lose—except your time, your money, and your stress. And even then, the time savings can still be huge.”

The BFD Work Permit Advantage

Many U visa applicants think they must wait for a BFD letter before applying for a work permit (Form I-765). That’s outdated advice. USCIS now makes it clear: You can and should file both at the same time.

Pro Se Pro offers a form filler tool and full instructions to help you do it on your own.

And if you already have another work permit (like STEM OPT), you can hold both simultaneously. BFD-based work permits often offer more flexibility, allowing you to work for any employer—or for yourself.

The Future of U Visa Lawsuits and Pro Se Advocacy

Pro Se Pro isn’t just helping individuals—it’s transforming the system. By equipping hundreds of pro se plaintiffs to take action, the platform is:

Forcing USCIS to reduce processing times
Pressuring courts to set clearer policies
Making immigration relief more accessible

“This isn’t just about your case. It’s about changing the whole system,” said Banias.

And after three years of progress, the impact is undeniable.

Take Action Now—Before Policies Change Again

With the Trump administration back in power, immigration policies could shift rapidly. Work permits, travel options, and even waitlist procedures may tighten.

That’s why it’s urgent to act now: