Filing a law suit against USCIS

[Tranqualiy]

Hi!
My question is that if the I-485 is denied and you are not given a option to appeal. What are the routes one can take? Also if one files a law suit against the USCIS for wrongfully denying the application in the first place, what is the procedure for that.
Are you entitled for monetary compensation and mental aguish as a result of their actions or just getting the benefit

I will really appreciate any help in this regard

 

[canuckbro]

You should consult with a lawyer but you would probably need to proceed by way of judicial review. The judge or most likely judges would look at the manner in which the decision was made and if the USCIS didn't follow the law or other legal principles like due process etc. then you could get a mandamus (the higher court will order the lower court or officer to reconsider the decision or possibly grant an approval) or certiorari (a declaration that the decision has no force or effect ). This is not a very cheap or easy process. I don't know if once AOS is denied, whether you can immediately switch to CP.