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Glendale Lawyer Explains What You Need To Know About Filing a Mandamus Action

A Writ of Mandamus is a court order issued to USCIS, demanding the agency or official fulfill their duty or correct an abuse, such as an unreasonable delay causing harm. Many immigration applications may take many months or even years, with the applicant left with little to no information regarding the progress of the application or may have been informed the application is under administrative review.

If you have exhausted all your options and your immigration case has been unreasonably delayed, or never advances out of “pending” status, our immigration attorney at Aratta Law Firm can advise you if filing a Mandamus action could be the best option. Contact us at (818) 550-1111 about this critical issue.

   

Mandamus Actions and Immigration Cases

If you have an immigration case that has not been resolved for over a year, filing a Mandamus lawsuit may be necessary. This action forces USCIS to make a decision on a pending immigration case, although there is no guarantee that the decision will result in an approval for a visa.

Families may not be able to reunite due to an unreasonable delay in processing an application – keeping loving families separated causes what could prove to be irreversible harm. A Mandamus action can be filed by your immigration lawyer to compel USCIS to take action on a pending application. The filing of a Mandamus action may be your best option if your case has been unreasonably delayed.

   

When to File a Mandamus Action?

Several circumstances may require filing a Mandamus action. These include, but are not limited to the following cases that have had an abnormal delay:

  • Employment-based visa applications
  • Family-based visa applications
  • Naturalization cases
  • Permanent residency applications
  • Adjustment of status (Green Card) applications
   

Litigation – Filing a Case Against USCIS

Two types of legal actions can be filed against USCIS, either a Writ of Mandamus or a Complaint for Naturalization. The Writ of Mandamus demands the agency take action on a pending case that has been unreasonably delayed, and a Complaint for Naturalization, an action filed when a Green Card application has not been decided for an unreasonable length of time. The law allows lawsuits to be filed if USCIS has failed to issue a decision for more than 120 days from the date of an applicant’s interview or examination for naturalization.

   

Why You Need an Immigration Lawyer

The litigation skills of your immigration attorney could not be more critical if you are facing an unreasonable delay in your immigration processing. Crafting a Writ of Mandamus or Complaint for Naturalization requires legal skill, experience, and a breadth of knowledge of immigration law. The lawsuit may name several defendants, including USCIS, the heads of the agencies involved, and the local immigration field office.

A Complaint for Naturalization is served to the named parties, as well as the Attorney General of the U.S., and the local U.S. Attorney, who are tasked with defending against the lawsuit if it proceeds. Once received, the lawsuit is assigned to an Assistant U.S. Attorney, who contacts the local immigration field office to find out why an application has been delayed. In many cases, the case is resolved within about 60 days, with an approval. In other cases, an interview or other requests could be issued. Once the case is resolved, your lawyer dismisses the lawsuit.

   

Aratta Law Firm: When You Need Help.

If your immigration application has been unreasonably delayed, and you are unable to join your family, start your employment in the U.S., or other problems, connect with us at Aratta Law Firm for assistance.

At Aratta Law Firm, our immigration attorney is a skilled litigator who can file a lawsuit against USCIS when a case is unreasonably delayed. Call us at (818) 550-1111 today.