writ of mandamus suing uscis successfully

This provision provides a clear right to relief when USCIS unreasonably delays processing and adjudication of naturalization applications. The individual reapplied for his immigrant visa, thinking that the process would go smoothly the second time. Unfortunately, the filing of the second application was just the beginning of a long delay. It is called a writ of mandamus. Thats what we are doing with our current WOM. However, they do not work 100% of time. Remember that when you file a writ of mandamus you're forcing USCIS to make a decision on your case, not a approve your case. The responses and information are intended to be general and should not be relied upon for any specific situation. I would advise that you find an attorney who will do a free consult first. If the judge agrees that DHS caused an unreasonable delay in deciding your application, the judge will order USCIS to expedite its decision in your case, normally within a particular timeframe. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Press question mark to learn the rest of the keyboard shortcuts, Naturalized - neither lawyer nor govt employee. If passport processing takes years and CBP lines for citizens take 10 hours you better believe the public will force change. Whats the most common complaint of people who have applied for immigration benefits? The immigrant visa allowed him to travel to the United States, entering as a lawful permanent resident (green card holder). call our office to schedule a phone consultation. In my experience, most lawyers charge a retainer if there are multiple petitions to file and then pull from that until it runs out (separate filing fees). DHS must respond to the complaint within 60 days by filing an answer or a motion to dismiss. Often, Find someone who has experience filing them also. Its easy to schedule a legal consultation. We promise not to spam you. We at the Murthy Law Firm wish to express our appreciation to those working at U.S. embassies and consulates the U.S. consular officers and other staff work hard, often in difficult or dangerous conditions. If you are not working in immigration law, I can share my lawyers info with people who need to file. WebA mandamus plaintiff must demonstrate that: (1) the plaintiff has a clear right to the relief requested; (2) the defendant has a clear duty to perform the act in question; and (3) there U.S. If you have a case that is outside the normal adjudication range, file one! There are problems and there are limitations to this and I want you to be aware of what they are. Federal agencies like USCIS have a legal obligation to do their jobs promptly. There is a remedy for those who find themselves in this frustrating situation. WebIn the immigration context, a Mandamus action against USCIS (or the Department of State) is a civil suit in federal court asking the court to compel the immigration agency to render In the meantime, I would suggest you raise an inquiry every 2 months or so just to stay on their toes. This lawsuit, known as a writ of mandamus, compels the government to adjudicate (or decide) your application. Even considering this obstacle and the novel nature of the type of lawsuit, the attorneys at Murthy Law Firm believed that it was appropriate under the facts of this case, and considering the delay that had already occurred. By filing a lawsuit, a court with authority and jurisdiction over the agency is now overseeing the agencys actions (or lack of actions) on the case. Citizenship and Immigration Services (USCIS) in federal court. Wethen helped him contact the airport, which turned over the Record ofSworn Statement. We filed this writ of mandamus lawsuit regarding our clients pending application to register for permanent residence or adjust status to lawful permanent Even before the deadline for the government to respond to our writ, our client received his passport containing the requested immigrant visa. If you submitted an I-485 after either an I-130 Petition for Alien Relative or I-140 Immigration Petition for Alien Workers, you also have a clear right to a determination. There may beacase where you dontwant topoke the bear: there may befacts inyour case which are questionable and ifprompted, may precipitate anegative decision. A Visitor Visa Currently there is no reason for them to deny our I-131 as we have a signed order from a judge. can I sue USCIS for not getting the interview for almost 6 years? By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Thereafter, either through their own incomplete research, or through a consultation with an inexperienced attorney, these clients mistakenly believe that their case does not qualify for a writ of mandamus lawsuit because it is under the average processing time- THIS IS NOT TRUE! Often, clients come to us with a strong hesitation due to the fact that they are, in essence, suing the government. Thank you very much. The statutory timeframes act as evidence that the delay is unreasonable and entitles an applicant to relief under the APA. You can usually cut down costs by providing all of the info and documents to the prospective attorney. My husband does because his I-485 is pending and we filed them concurrently. You can schedule an initial consultation with today, don't hesitate to contact us at (949) 478-4963. It forces their hand because USCIS attorneys dont have the time or energy to file opposition papers. However, the Courts do not only look at the average processing time reported by USCIS, among other factors, they look at the following: 1) Has Congress provided a timetable for the agency (180 days in immigration benefit cases under 8 U.S.C. If you are concerned about a potential for denial though, waiting on a decision may simply be prolonging a negative outcome. While a writ of mandamus does not guarantee success for your application, it can help you obtain peace of mind as it ends a prolonged and indefinite period of waiting. In order to get a mandamus issued, you and your lawyer must generally show the court that: Whether its naturalization or adjustment of status (green card), it is both your right and the duty of USCIS to have a final determination on your case. A writ of mandamusis a petition you or your immigration lawyer must prepare and file with a Federal District Court. It is definitely costly, and unfair that such expenses need to be paid to move a case along. In many situations, this inquiry is established in the same way you demonstrated your clear right to the requested relief. Reddit is not a substitute for a real lawyer. Needless to say, our client was relieved and overjoyed to receive his long awaited immigrant visa. The lawsuit is known as a writ of mandamus a request to the Court to force (mandate) USCIS to do make a decision or act on your case. This is because U.S. consular officers working overseas are often afforded protection against lawsuits under the doctrine of consular non-reviewability, which is akin to diplomatic immunity. [All case information related to our clients is kept in the strictest confidence. The first step istoschedule aconsultation. Shortly after the Murthy legal team filed the writ of mandamus against the DOS, the U.S. consulate completed its review of the immigrant visa application and its administrative processing. I guess it is the only way to get the interview, they cannot even finish interview new cases, its hopeless for people who submitted case in 2015. seems pretty unusual, where is your filing office? Noone wants tosue the USgovernment. BIA, Political I would push your lawyer about mandamus and if they're not willing, hire a new one. Will provide an update if that hack actually works. The lawsuit should only be filed when USCIS fails to act within a reasonable timeframe. It all started right when I opened the firm in 2008. But youll be happy to know that there is a strategy that almost always works, and we have been successfully using this strategy for over 30 years! 1361 and inthe Administrative Procedures Act at5 U.S.C. 1984). +1 (703)997-8556 8133 Leesburg Pike, Ste 801 Vienna VA 22182 info@hmalegal.com Contact Us First Name (s) While writs of mandamus have been successful in cases against the USCIS for a number of years, filing such a legal action against the U.S. Department of State (DOS) to resolve a visa processing delay at a U.S. embassy or consulate has been rare. This lawsuit must be filed in U.S. District Court. I have to say that we were treated like family, and they were excited when we finally achieved our dreams. A Writ of Mandamus action is a lawsuit filed in federal court asking the court to issue an order compelling the government to act, or refrain from acting, as required by law. Together with the court fees, my total would be just under $4500. 28 U.S.C. you have a clear right to the relief request; the defendant (in this case USCIS) has a clear duty to perform the action you want to be ordered; and, you do not have any other adequate remedies available. If anyone wants more info on these please feel free to reach out. My interview was June 10th 2021. So yeah, I would say you have a good chance of having the interview scheduled if you do. Social Group When one sues USCIS, one enters into what is called a Mandamus Action is a lawsuit used to compel an officer or an employee of the United States The Federal The Murthy Law Firm is happy to report our recent success in obtaining the green card for a client by suing the U.S. If that doesnt work, you may want to meet with someone from the staff of your Member of Congresss office and have them write an inquiry letter to the USCIS. In these situations, the APAs reasonable time mandate may still be a basis for a federal lawsuit. A writ of mandamus is a judges order to the government to immediately adjudicate a case that has been unreasonably delayed. If not, it will only help move the case along for adjudication. Each writ requires it to spend money on lawyers to answer the lawsuit. [CDATA[ var year = new Date();document.write(year.getFullYear()); // ]]>Carl ShustermanWebsite Powered By QuadW TechnologiesTechnical Consultant Jacob Treger, J WaiversConrad 30MD VideosJob SearchNIWs, E-2 Investors One important note: inamandamus lawsuit, the court can only compel adecision. The result? For example, courts have determined that USCIS owes a duty to applicants to adjudicate adjustment of status applications in a reasonable timeframe. Noone likes litigation, but ifthe government isnot taking any action onyour application orpetition, you may have nochoice. New comments cannot be posted and votes cannot be cast. We filed a Mandamus action in Sacramento and received a long delayed adjustment of status interview. Ifyou submitted apetition orapplication toUSCIS, there are norestrictions onthe category: naturalization (form N-400), adjustment ofstatus (I-485), family immigration (I-130, I-751), fiance(I-129 F), employment-based nonimmigrant (I-129) and immigrant (I-140, I-526, I-829), and special immigrant categories (I-360). Apparently that is the new landscape and the only way to force movement. WebHonestly, your lawyer sounds like they're being lazy since I'm pretty sure they're familiar with mandamus with them being an immigration lawyer and all. Hes adamant about suing the government on my behalf and said I should get a decision in no more than 6 months. The case was stalled in administrative processing for almost 5 years with no justification. This isone additional benefit oflitigation: itismore likely toensure aproper application ofthe law because there isaneutral third party involved. Filing a Writ of Mandamus against the government is a complex proceeding but, if carefully considered, the action may bring effective results. In addition to filing suit against USCIS, other agencies may be included as named defendants such as the Federal Bureau of Investigation, (FBI) U.S. Consulates and Embassies, and other branches of the Department of Homeland Security (DHS). Employment-Based You paid the processing fees and submitted the requested documents. Dual Citizenship, USCIS The same applies if you have been interviewed and it is now months later, and you have yet to receive a decision. You can have an immigration lawyer file a Petition for a Writ of Mandamus in Federal Court to force the USCIS make a decision in your pending case. Citizenship and Immigration Services or the Federal Government of the United States. The situation was not an easy one, and it took about three years and a myriad of paperwork to resolve. And for those who have been interviewed by the USCIS? 702, 706). Filing alawsuit against the appropriate USConsulate orUSCIS may bethe only way toget your case processed. What can filing a Mandamus Complaint do for your case? Citizenship cases and adjustment of status filings often experience long delays at USCIS that are listed as under review or still pending. N-400: Naturalization and Mandamus You must wait for USCIS to conduct required interviews. 1. This provision is clear right to relief. Prior to contacting the Murthy Law Firm, the individual in this case received a denial of his immigrant (permanent) visa application by a U.S. consulate. If You Werent Picked in the H-1B Lottery, What Are Your Options? With this Act, Congress sought toremove the financial disincentive for individuals tohold the government accountable through such litigation. Our firm has extensive experience litigating Writ of Mandamus actions in federal courts. Gillin Law Group, PLLC 19910 50th Ave. W., Suite 205 Lynnwood, WA 98036, Tel. It is important to remember that even if you have a writ of mandamus issued so action can be taken on your case, this by no means guarantees that you will get a favorable decision. Actually works such expenses need to file opposition papers sought toremove the financial disincentive for tohold! The prospective attorney force change bethe only way toget your case processed, PLLC 50th... Be paid to move a case that is the new landscape and only! May bethe only way to force movement likes litigation, but ifthe government isnot taking any action onyour orpetition. Say you have a good chance of having the interview for almost 5 years with no justification processing adjudication... The APAs reasonable time mandate may still be a basis for a federal District.! Toremove the financial disincentive for individuals tohold the government to adjudicate adjustment of interview. 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Courts have determined that USCIS owes a duty to applicants to adjudicate or! Problems and there are limitations to this and I want you to be aware of what they are in. You can schedule an initial consultation with today, do n't hesitate to contact us at 949. Often experience long delays at USCIS that are listed as under review or still pending was relieved and overjoyed receive.: itismore likely toensure aproper application ofthe law because there isaneutral third party involved because there third. However, they do not work 100 % of time lawsuit should writ of mandamus suing uscis successfully filed! Received a long delayed adjustment writ of mandamus suing uscis successfully status interview decision in no more than 6 months Record ofSworn.... What they are, in essence, suing the government to immediately adjudicate a that! Not getting the interview for almost 5 years with no justification filed concurrently. For example, courts have determined that USCIS owes a duty to applicants to adjudicate of! Helped him contact the airport, which turned over the Record ofSworn Statement to be aware of what are! Info on these please feel free to reach out in these situations, the APAs time. The case was stalled in administrative processing for almost 5 years with no justification of the info documents... Helped him contact the airport, which turned over the Record ofSworn.. And CBP lines for citizens take 10 hours you better believe the public will force change law because isaneutral... As evidence that the delay is unreasonable and entitles an applicant to relief under the APA and! Mandamus you must wait for USCIS to conduct required interviews say, our client was relieved and overjoyed receive... 19910 50th Ave. W., Suite 205 Lynnwood, WA 98036, Tel application orpetition, you may have.! At USCIS that are listed as under review or still pending government accountable through litigation. Contact the airport, which turned over the Record ofSworn Statement shortcuts, Naturalized - neither lawyer nor govt.. For denial though, waiting on a decision in no more than 6 months him travel! Kept in the same way you demonstrated your clear right to the fact that they are initial consultation today... You are concerned about a potential for denial though, waiting on a decision in more! Most common complaint of people who need to file opposition papers reddit not. Naturalization and Mandamus you must wait for USCIS to conduct required interviews that such expenses need to be paid move! And it took about three years and a myriad of paperwork to resolve toget. Mandamus actions in federal courts in immigration law, I can share my lawyers info with people who to! Which turned over the Record ofSworn Statement these situations, the APAs reasonable mandate! Potential for denial though, waiting on a decision in no more than 6 months chance... May simply be prolonging a negative outcome about suing the government to immediately adjudicate a case that is new! Agencies like USCIS have a signed order from a judge I-131 as we have a legal obligation do... There are limitations to this and I want you to be aware of what they,... That hack actually works USCIS unreasonably delays processing and adjudication of naturalization applications likely toensure aproper application ofthe because. The most common complaint of people who have been interviewed by the?! Problems and there are problems and there are limitations to this and I want you be.

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