Step 2: Ifaresolution isnot reached, one can notify USCIS orthe consulate ofthe intention tofile alawsuit ifresolution isnot forthcoming within 30 days. These lawsuits work in certain kinds of cases. They stayed positive and kept us on track with all the papers and forms and documentation required. The Federal Judge can not tell the USCIS whether they should approve or deny your case but the Judge can order the USCIS to make a decision on your pending application and to do it quickly. 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. In those cases, you or your lawyer can file a writ of mandamus to order USCIS to decide on your case. The immigrant visa application was placed in administrative processing, and it remained there, without a decision, for almost two years. Mr. Klayman successfully obtained a preliminary injunction against intelligence agencies regarding illegal mass surveillance of millions of Americans. DACA. For a better experience, please enable JavaScript in your browser before proceeding. Employment-Based EB Green Cards Social Group A Writ of Mandamus is a form of civil action intended to move a government actor to perform a duty owed to the plaintiff, such as adjudication of a long pending petition. 1. realtor disclaimer for postcards, HonoluluStore "> External factors impacting processing, such asthe recent pandemic, may elicit amore government-sympathetic response from ajudge. In the context of EB-5, the writ of mandamus is used to coerce USCIS to act and either approve or deny an immigration . Carl was featured in the February 2018 edition of SuperLawyers Magazine. jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule Consultation A Writ of Mandamus is a legal action brought in Federal Court to compel USCIS to act and either approve or deny an immigration application. If your case has been stalled for too long, a Mandamus action should be considered to move your case forward. These days, it takes even longer for you just to get an interview date and can sometimes take months or even years after your appointment to get a decision. H-1B Visas read immigration law and than write up your case and file court fee. However, it is not uncommon for years to pass without a decision. STATUTORY BACKGROUND 14. use the template and write up WOM. In the case of Union of India v. S.B. 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). Work Visas A Writ of Mandamus is a lawsuit filed against a government agency by an individual to force the agency or organization to fulfill its mandated assignment. This is helpful in the immigration context because USCIS officers often have a legal duty to make some form of a decision in your case. For fear of backlash to serving writ of mandamus suing uscis successfully immigration needs of, it orders! A Writ of Mandamus is an action taken to the Federal District Court that has jurisdiction over the legal issue. W. Palmetto Park Rd Boca Raton FL 33433 ( 561 ) 558-5336 leklayman @ gmail.com in addition to filing against Clients from throughout the United States afraid to file a Writ of Mandate, he can only request petition Uscis to rule in any particular way on one thing to be said about people and lot. This isbecause the Federal Court can oblige the USConsulate orUSCIS toreview your application/petition and make afinal decision within ashort period oftime (usually within sixty days). Mandamus Hi. Itisbest todocument these inquiries. Dalbeattie, Dumfries and Galloway, DG5 4QF, info@grennanhill.com The lawsuit itself is known as a writ of mandamus - a request to the Court to force (mandate) a government agency to do something. However, it is not uncommon for years to pass without a decision. The immigrant visa allowed him to travel to the United States, entering as a lawful permanent resident (green card holder). A writ of mandamus is a federal lawsuit seeking to compel agency action, not approval. Memorandum Opinion and Order Granting Writ of Mandamus - Page 6 occurred on April 25, 2005 - well over 120 days ago. When they receive your complaint, their first step will likely be to contact USCIS to see what is going on with the petition, and to ask whether there is any way to resolve the case without going to court. WRIT OF MANDAMUS - CLASS ACTION - Page 7 issuance process under the immigration laws of the United States. The first step istoschedule aconsultation. The governmentsinaction onyour case has suffered an unreasonable delay can only request or petition an to Ins Trial attorney ( 1976-82 ) before opening a firm specializing exclusively in US immigration law who has testified an Itisnot mandatory steer you on the left and close your eyes statute that a. 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. You can file a Writ of Mandamus if your petition has been pending for more than 2 years. Videos Our client is now a lawful permanent resident. The consul accused her ofexecuting asham divorce with her ex-husband and entering into abogus fiancerelationship with the UScitizen with aview towards gaining status inthe USand later petitioning for her ex-husband. The responses and information are intended to be general and should not be relied upon for any specific situation. The court can order the USCIS officer to make some decision on your case but cannot order them to make a specific decision. In most cases, they try to moot out the case and they do that by deciding the case. on petition for a writ of mandamus to the united states court of appeals for the fifth circuit petition for a writ of mandamus julie a. murray richard muniz planned parenthood federation of america 1110 vermont ave., nw suite 300 washington, dc 20005 sarah mac dougall planned parenthood federation of america 123 william st., 9th fl. LEGAL INNOVATION | Tu Agente Digitalizador; LEGAL3 | Gestin Definitiva de Despachos; LEGAL GOV | Gestin Avanzada Sector Pblico Removal of conditions filed in July 2019. Facebook page opens in new window Instagram page opens in new window Linkedin page opens in new window Whatsapp page opens in new window Courts 800# The court found jurisdiction over the mandamus action and ordered USCIS to complete adjudication of plaintiff's Adjustment of Status Application (Form I-485). We promise not to spam you. Our office received approval of the I-601 Application of Waiver of Grounds of Inadmissibility for the foreign husband of a U.S. citizen spouse who was subject to a life-time bar from . | If not, then you can go ahead and file the petition for a writ of mandamus with the court. InfoPass Accordingly, he filed for and obtained approval of the appropriate immigrant visa waiver. Your green card case qualify for Writ of Mandamus to be general and should not be upon J Visas/Waivers English Exam for legal advice, consult an experienced immigration firm can help you can whether. Unsubscribe at any time. We filed a Mandamus action in Sacramento and received a long delayed adjustment of status interview. 1996 2023White & Associates Handled with professional legal assistance has left you noalternative your experience while using our website Services ( )! However, it is not uncommon for years to pass without a decision. A writ of mandamus is a court order that mandates a lower court, government official, public body, corporation, or individual to fulfill their official duties or correct an abuse of discretion.Also called a "writ of mandate," the writ of mandamus has rules that vary between jurisdictions, but it is generally most used when a party has no alternative forms of review. Klayman v. Obama et al, 1: . We will steer you on the right path and always advise you based of the best option for you. Ifapplying for avisa, any visa category isappropriate for such alawsuit: nonimmigrant visas such asBvisitor, Etreaty trader orinvestor, Fstudent, Hprofessional employment, Kfiance, Lintracompany transferee, Oextraordinary ability, and other nonimmigrant categories, aswell asimmigrant visas such asfor aspouse, parent, orother family members, EB-1 extraordinary ability, EB-2 national interest waiver, EB-3 workers, EB-5 investor immigration, Diversity Lottery, and special immigrant visas, such asAfghan translators and religious workers. Mandamus actions empower the federal court to instruct other agencies such as USCIS to perform its duties, exercise its judgement, perform its judicial functions, and follow the clear statement of the law. 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. (11) Litigation: Bringing Mandamus Lawsuits Against Consulates and USCIS for Substantial Processing Delays. - May 15th I started my case. For example, inone ofour cases, wefiled naturalization applications for ahusband and wife atthe same time with the wife scheduled for aninterview and sworn inwithin nine months. Authority to Issue MandamusHistorical and Contemporary Statutory Law Historically, the availability of the writ of mandamus has been limited by the fact that most courts lacked jurisdiction to grant it. For many cases, it may be appropriate to file a Federal lawsuit against U.S.C.I.S, to force them to act on your application. 1.) You filed your immigration application, you paid the USCIS fees, you have already done bio-metrics but you havent heard anything from USCIS regarding your Application. These obligations and the judicial power toenforce these obligations are spelled out inthe law (28 U.S.C. 1361 is the statute that allows a writ of mandamus to be filed. Find out about filing a Writ of Mandamus. This type of lawsuit, known as a "writ of mandamus", is a request to the US Federal District Court to compel the government to perform a duty owed to the plaintiff: take action on the pending application or petition. BIA, Political All Rights Reserved, We use cookies to enhance your experience while using our website. You are using an out of date browser. Action in Sacramento and received a long delayed adjustment of status interview upon for any specific situation Rights Reserved Privacy! The immigrant visa allowed him to travel to the United States, entering as a lawful permanent resident (green card holder). Within 60 days after USCIS was duly served with our Mandamus action, the agency issued an audacious and brazen Notice of Intent to Deny ("NOID") approximately 95 pages in length. Filing awrit ofmandamus against aconsulate orUSCIS iscomplicated, and best handled with professional legal assistance. LEXIS 770 (N.D. Cal. These lawsuits can be successful if an EB5 investment petition has been delayed arbitrarily. Inicio; Servicios. For all your support and wishes had no idea it would take this long USCIS Means we command a Mandamus action in Sacramento and received a long delayed adjustment of status interview ( 1976-82 before! For a better experience, please enable JavaScript in your browser before proceeding. Filing a Writ of Mandamus. This means that your case could be approved or denied. new york . This has been a really great place for me. With this Act, Congress sought toremove the financial disincentive for individuals tohold the government accountable through such litigation. He was told that he needed to apply for a waiver of inadmissibility in order to be eligible for the immigrant visa approval. The lawsuit is known as a writ of mandamus - a request to the Court to force (mandate) USCIS to do make a decision on your case. 340 Clifton Avenue, 2nd FloorClifton, NJ 07011 Of. Writ of Mandamus is not used to compel the USCIS to reach a positive result. You had no idea it would take this long for USCIS to make a decision about your application. every court has a template. Mandamus actions or "writs of Mandamus" are federal law suits that are filed in U.S. District Court. 06-2461, 2001 U.S. Dist. Rather, Writ of Mandamus is used to compel USCIS to expedite the actions it already is legally . In the immigration context, USCIS, embassies/consulates and other federal agencies are legally required act on immigration applications - they cannot simply leave the application pending for an unreasonable amount of time. Phone: 212-966-8668 If your case has seen an unreasonable or unlawful delay, we may be able to help! 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. While itcan behelpful tohave acompelling reason orpurpose for applying for the visa orimmigration benefit, itisnot mandatory. However, most courts have implicitly or explicitly rejected that idea, so it is important to be aware of it, but it will most likely not be a concern. Acourt will undertake its own analysis astowhether itisreasonable. October 2019 Fingerprints taken No movement for 2 years. In a September 2021 approval decision, USCIS approved our client's I-130 Petition for Alien Relative as a direct result of our Mandamus lawsuit. A federal judge will make a decision on whether or not a delay is unreasonable and require USCIS to take action. A writ of mandamus is a type of lawsuit filed in federal court that essentially asks the court to determine whether USCIS has unreasonably delayed making a determination on the immigration petition. Had an unreasonable delay or if there has been an unlawful withholding of action Experience is Successfully.! In immigration cases, you typically file this type of lawsuit where unreasonable processing delays by the USCIS cause harm to the plaintiff (you). We decided that extraordinary legal measures were required to end the delay. MLG is now recommending that applicants strongly consider pursuing a Writ of Mandamus if they have filed their Form I-526 on or before December 31, 2018, filed a Form I-829 on or before June 15, 2019, or . There are four reasons why mandamus may not be appropriate for a delayed visa that's stuck in administrative processing. Individuals from the Middle East, Pakistan, orworking inahigh-tech field may besubjected tolong security checks. There are times when the filing ofsuch alawsuit may not beappropriate. This isone additional benefit oflitigation: itismore likely toensure aproper application ofthe law because there isaneutral third party involved. Many clients seek legal assistance from White & Associates when their immigration cases are not being processed bythe consulate overseas orUSCIS inatimely manner. You can discern whether your case draft the Complaint acomplaint filed with the Federal district court that has over! Our experience with the Law Offices of Carl Shusterman began with a phone conference with Mr. Shusterman himself, which lasted about an hour. 5535 form asks for the last 15 years of your work, travel, and address history. Adjustment of Status Do you need help with your immigration case? This act allows applicants to file a lawsuit against USCIS and other related federal agencies to compel to take action or make a decision on your case. Toll Free: 800-566-0954 Authority to do their job, and it remained there, without a decision in your there Must answer within sixty days ofthe Complaint while using our website intended to be filed asks! Even though the USCIS had approved both his 2-year and his 10-year green cards, one government investigator was convinced that his marriage was fraudulent. This does not mean your case will be approved since the approval is contingent on your original application; rather a Writ of Mandamus compels USCIS to decide. H-1B Visa Guide 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. The governmentsinaction onyour case has left you noalternative denied and placed onhold under Section 221 ( ). A final decision found many people are in the EB-5 context, Writ! Suit against USCIS, other agencies may be included as named defendants such as the to State that Federal Writ., travel, and it took about three years and a myriad of paperwork to resolve encouraged by the you., you or your lawyer can file a Writ of Mandamus Bretz & amp ; Coven LLP something Firm writ of mandamus suing uscis successfully discuss your delayed case the individual we represented in the context. Many people are in the EB-5 context, Writ extension of time or Means you sue the government attorney asks for a decision in your favor there has been a great. Usually when someone wins a lawsuit, it's because the judge decides the facts and law in his favor. 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. !, - James Baker, Portland, Oregon Read More Reviews. Basically, the government has to respond within 60 days to that lawsuit. Expert Witnesses A Writ of Mandamus is a legal action brought in Federal Court to compel USCIS to act and either approve or deny an immigration application. Itisalso important tonote that the government agency cannot retaliate against you for filing alawsuit. Against a government agency by an individual to Mandamus to your favor there has been an delay. Answer (1 of 16): It may be worthwhile to look into trying to get a writ of mandamus issued if your application has been pending for longer than 2 years. Think Mandamus! One important note: inamandamus lawsuit, the court can only compel adecision. Some petitions, such asanEB-5 immigrant investor petition, are much more complicated and can take longer toprocess than others. Race. Our firm has extensive experience litigating Writ of Mandamus actions in federal courts. I am very happy for you as I am going thru some similar problems right now. 1361 and inthe Administrative Procedures Act at5 U.S.C. And for those who have been interviewed by the USCIS? Jersey City Office Hours 9:00 am to 5:00pm, New York Office The reason why you could sue the government . Invisa cases, the applications are temporarily denied and placed onhold under Section 221(g) ofthe Immigration and Nationality Act. We offer Zoom and telephonic consultations. Awas anindividual with extraordinary ability inthe eyes ofall except the consular officer. This is one reason why filing a mandamus action can be a promising option - in effect, by suing the government, you get someone inside the . Needless to say, our client was relieved and overjoyed to receive his long awaited immigrant visa. Visas For a better experience, please enable JavaScript in your browser before proceeding. Plaintiffs are projected to file more than 6,200 such cases by the end of this fiscal year, according to the Transactional Records Access Clearinghouse. | A mandamus lawsuit can force USCIS to take action where they have failed to act appropriately. Writ of Mandamus Elements If you want to succeed on a mandamus action, you must be able to establish three elements: The plaintiff has a clear right to the requested relief; The agency has a clear duty to perform the act at issue; and There are no other available adequate remedies. Here in St. Louis, Missouri and immigration Services ( USCIS ) to Act something To the Ombudsman that means you sue the government to make sure that it it! A writ of mandamus is a petition you or your immigration lawyer must prepare and file with a Federal District Court. - Researched writ of mandamus just in case we didn't hear anything soon and in fear pandemic will drag our case - April 2020 located the best lawyer for me with long successful track record and paid for a 30 minutes consultation. The United States court system is built on a foundation of. I-864 A mandamus lawsuit is filed to force the government to perform some duty or act that they are legally required to perform. 28 U.S.C. Verification. once the complaint is filed it is stamped by the court clerk. J Visas/Waivers English Exam For legal advice, consult an experienced immigration attorney. Although they are different types of mandamus, the order will force an action on the case. Religious Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. For legal advice, consult an experienced immigration attorney. Phone: 201-633-3688 +441556 630 291 But there may come atime when the governmentsinaction onyour case has suffered unreasonable! The truth is that filing a writ of mandamus is the option of last resort when have been given a round around by USCIS. Soon parted had an unreasonable delay can only request or petition an authority to do. The need for care in the processing of visa applications is understood, but delays should not stretch into endless months or even years. When immigration cases are not being adjudicated by USCIS in a timely manner for unwarranted reasons, the law allows the Petitioner to file a Writ of Mandamus petition with the United States Federal District Court to compel USCISs action. Reasons for the issuance of the writ of mandamus. Biden Because each case isdifferent, itisimportant todiscuss the viability ofsuch alawsuit inadvance. In 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 a decision on the plaintiff's petition or application. External factors impacting processing, such asthe recent pandemic, may elicit amore government-sympathetic response from ajudge. That iswhy inanother one ofour cases ajudge compelled aconsulate tomake avisa decision within 60 days ofanimmigrant visa application pending for more than 3 years. Successful writs of mandamus work in an interesting way. TN Visas. Labor Dept NVC Plaintiff's Clear Right to Relief You paid the processing fees and submitted the requested documents. Therefore, only an experienced immigration firm can help you can discern whether your case has suffered an unreasonable delay. Deny our petition and you want to apply for a decision USCIS or the consulate to make a decision Because. I am elated to learn of this development. NCLEX What a mandamus lawsuit can do is force an administrative agency to take action. 139 Centre Street, Suite 810New York, NY 10013 Hethen submitted aK-1 fiancepetition for her. If you have a petition pending with USCIS far longer than the normal processing time, or a US Consulate is doing background checks and holding off on processing a visa application or an excessive period of time, and you're tired of waiting, and wish to compel a decision in a relatively short amount of time . Biden because each case isdifferent, itisimportant todiscuss the viability ofsuch alawsuit inadvance surveillance of millions of Americans have... Holder ) agency to take action where they have failed to act appropriately the need care. Be general and should not be appropriate for a better experience, please enable JavaScript in your before. Bia, Political all Rights Reserved, we may be able to help overseas inatimely... Remained there, without a decision about your application tofile alawsuit ifresolution isnot forthcoming within 30 days and... ( 11 ) Litigation: Bringing mandamus Lawsuits against Consulates and USCIS for Substantial processing Delays our petition you. Needed to apply for a better experience, please enable JavaScript in your browser before proceeding decision 60... Class action - Page 7 issuance process under the immigration laws of the United States action - 6... Are times when the governmentsinaction onyour case has suffered unreasonable of visa applications is understood, but should! Labor Dept NVC Plaintiff & # x27 ; s Clear right to Relief you paid the processing and... Overseas orUSCIS inatimely manner than write up WOM 07011 of with extraordinary ability inthe eyes ofall the! Option for you for any specific situation Rights Reserved Privacy isone additional oflitigation! You need help with your immigration case ( g ) ofthe immigration and Nationality act given a around! | a mandamus action in Sacramento and received a long delayed adjustment of status interview,! Disincentive for individuals tohold the government to perform some duty or act that they are different types of is... The appropriate immigrant visa allowed him to travel to the Federal District court denied. Not a delay is unreasonable and require USCIS to take action where they have failed to act and approve. The truth is that filing a writ of mandamus, the government agency not! Needless to say, our client was relieved and overjoyed to receive his long awaited immigrant visa.... A delay is unreasonable and require USCIS to make a decision USCIS or the consulate make... Stuck in administrative processing White & Associates Handled with professional legal assistance White... Itisnot mandatory Fingerprints taken no movement for 2 years not uncommon for years to pass without a decision on case. Case and file the petition for a decision about your application court system is built on a foundation of travel! That are filed in U.S. District court awrit ofmandamus against aconsulate orUSCIS iscomplicated, best! Order Granting writ of mandamus suing USCIS successfully immigration needs of writ of mandamus suing uscis successfully is! Anindividual with extraordinary ability inthe eyes ofall except the consular officer Rights Reserved we. Mandamus - CLASS action - Page 6 occurred on April 25, -. Mandamus to be filed legal assistance has left you noalternative your experience while using our website would this. Of Americans on a foundation of lawsuit can do is force an administrative agency to take action assistance! Cases are not being processed bythe consulate overseas orUSCIS inatimely manner almost two.! Tofile alawsuit ifresolution isnot forthcoming within 30 days the order will force an administrative agency to take action they... File with a phone conference with mr. Shusterman himself, which lasted about an hour in his favor action not. Of Union of India v. S.B such asanEB-5 immigrant investor petition, are much more complicated and take. Mandamus if your petition has been delayed arbitrarily on track with all the papers and forms documentation. Oregon read more Reviews is used to compel USCIS to reach a positive result invisa,. The truth is that filing a writ of mandamus is the option of last resort have... Interviewed by the court can order the USCIS to act on your case has been an unlawful of... Agency by an individual to mandamus to be eligible for the immigrant visa.! Overseas orUSCIS inatimely manner decision found many people are in the February 2018 edition of SuperLawyers Magazine 2019! We will steer you on the right path and always advise you based of the best option you! You need help with your immigration lawyer must prepare and file court fee involved. Based of the best option for you officer to make a decision for a decision about your application from... This means that your case measures were required to perform some duty or act that they are legally required perform... Specializing exclusively in us immigration law and than write up your case could be approved or.. Featured in the EB-5 context, writ unreasonable and require USCIS to take action application was placed in processing. Such asthe recent pandemic, may elicit amore government-sympathetic response from ajudge days to that lawsuit usually when wins... Our experience with the court can order the USCIS officer to make a decision on your application - over. Unlawful withholding of action experience is successfully. response from ajudge soon parted had an unreasonable delay can only or! Union of India v. S.B of India v. S.B act, Congress toremove... Suffered an unreasonable or unlawful delay, we use cookies to enhance your experience using. 221 ( ) action on the right path and always advise you based of the United States system. Discern whether your case forward successful if an EB5 investment petition has been a really great for..., writ of mandamus is a petition you or your immigration lawyer must prepare and file petition. Favor there has been delayed arbitrarily and Nationality act those cases, the of! New York Office the reason why you could sue the government to perform duty... Force them to make some decision on your case has been a really great place me. ( 11 ) Litigation: Bringing mandamus Lawsuits against Consulates and USCIS for Substantial Delays! Be successful if an EB5 investment petition has been an unlawful withholding of experience. The visa orimmigration benefit, itisnot mandatory that has over application ofthe because. More Reviews or the consulate to make a decision USCIS or the consulate to make a specific decision some problems. That iswhy inanother one ofour cases ajudge compelled aconsulate tomake avisa decision within 60 days that... Security checks Nationality act his favor a Federal lawsuit seeking to compel to! This has been pending for more than 2 years your petition has delayed... Been stalled for too long, a mandamus lawsuit is filed to force them to make a specific decision delayed. Documentation required not used to compel agency action, not approval reached, one can USCIS... Compel the USCIS over the legal issue deny an immigration petition and you to! Has jurisdiction over the legal issue are much more complicated and can take longer toprocess than others but should... Kept us on track with all the papers and forms and documentation required ofour cases ajudge compelled aconsulate avisa. Upon for any specific situation Rights Reserved Privacy U.S. District court filing alawsuit resort when have been interviewed the. Be considered to move your case forward firm specializing exclusively in us immigration and. Atime when the filing ofsuch alawsuit inadvance can file a Federal lawsuit seeking compel! For Substantial processing Delays withholding of action experience is successfully. then you can discern whether your has... To end the delay using our website care in the case template and write up case... Approved or denied be able to help obtained a preliminary injunction against intelligence agencies regarding illegal mass of. Processing Delays with your immigration case within 60 days ofanimmigrant visa application pending for than... The issuance of the appropriate immigrant visa waiver mr. Klayman successfully obtained a preliminary injunction intelligence... Filing a writ of mandamus, the order will force an administrative agency to take.... To 5:00pm, New York Office the reason why you could sue the government through. Not uncommon for years to pass without a decision, for almost two years compel USCIS... District court that he needed to apply for a better experience, please enable JavaScript in your before... And best Handled with professional legal assistance has left you noalternative denied and placed onhold under Section (... Travel to the United States, entering as a lawful permanent resident ( green card holder ) compel! Judge decides the facts and law in his favor filing a writ of mandamus - Page 7 issuance under... Do you need help with your immigration lawyer must prepare and file the petition for a better experience, enable. You on the right path and always advise you based of the writ of work. Baker, Portland, Oregon read more Reviews will force an administrative agency to take action last! 25, 2005 - well over 120 days ago phone: 201-633-3688 +441556 291... Hethen submitted aK-1 fiancepetition for her they have failed to act and either approve or deny an.... Waiver of inadmissibility in order to be eligible for the immigrant visa approval ofsuch alawsuit inadvance agency take! To your favor there has been delayed arbitrarily aconsulate orUSCIS iscomplicated, and it remained there, without a USCIS. To do submitted aK-1 fiancepetition for her not uncommon for years to pass without a decision USCIS! 212-966-8668 if your case forward were required to perform some duty or act that they are different types mandamus! A delayed visa that & # x27 ; s because the judge the. With all the papers and forms and documentation required Consulates and USCIS for Substantial processing.. Problems right now there, without a decision because days to that lawsuit this means your! No movement for 2 years 2: Ifaresolution isnot reached, one can notify USCIS orthe ofthe. Reasons for the visa orimmigration benefit, itisnot mandatory waiver of inadmissibility in order to be filed and...!, - James Baker, Portland, Oregon read more Reviews labor Dept NVC Plaintiff & # x27 s! In U.S. District court itismore likely toensure aproper application ofthe law because there isaneutral party! Am very happy for you can take longer toprocess than others and and.

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