hTTi

Hello everyone,

About three weeks ago, I filed an inactivity lawsuit (§ 75 VwGO) against the immigration office because no decision had been made on my application from July 2024. According to the court, the lawsuit was delivered to the authority about three weeks ago.

From what I know, the immigration office forwarded my case to the security authorities, but since then, I haven’t received any decision or further response.

Now I’m considering whether to send a polite reminder to the immigration office — just to ask about the current status and let them know that I would be willing to withdraw the lawsuit if a decision is made soon.

My concern is whether such a message could weaken my position in court. On the other hand, I don’t want to wait unnecessarily if a small nudge might help move things forward.

Has anyone here experienced something similar? Would you send such a reminder, or would you rather wait?

Thanks in advance for your advice!

I can imagine by filing the lawsuit, you may have gone to the very bottom of the list but I don't know anything about time limits and the like.

Personally, I would wait, but since you have already used a lawyer, why not ask him/her?

Don't know how it works here but when I sued USCIS for taking too long, they were given 3 months to respond. They tend to lose track of such suits, so the game is to contact their attorney a couple of weeks before the deadline and ask them about it, essentially as a reminded. They are grateful for this and they want to figure out what's holding up the application, and get back to you with a plan to process it (with details on whether they will approve or deny, what they need, etc.) if you agree to jointly dismiss the case. Maybe it's similar here?

I would suggest you wait. I filed one in late October, so more than three months ago. I know that the court sent three demands to the state to respond within 3 weeks, and I think they ignored them. But, I just received notice that my citizenship has been approved.

Regarding Fraufruit's suggestion that filing the suit would hurt your application -- this is not true. I have heard of several cases where a lawsuit sped up the process, including mine.

Edit -- just realized how old your original post is. I guess this must be resolved by now!