Despite the applicants best efforts to resolve the administrative processing delay on his own, it was only after the Murthy Law Firm helped the client by filing a federal writ of mandamus lawsuit that the immigrant visa was issued. If the USCIS has delayed your Green Card or Citizenship case for an unreasonable time, you can file a Writ of Mandamus in Federal District Court to force the U.S. Government to make a final decision. Don & # x27 ; t have the right to ask for an approval of your, Legal Dictionary < /a > these lawsuits can be successful if an EB5 investment petition has been delayed.! 24 Volt Aircraft Power Supply, Acourt will undertake its own analysis astowhether itisreasonable. The concept of suing the government to force it to take action may seem futile or ill-advised in some cultures, but it is a common and beneficial option in the United States . 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. Read below for an explanation as to why this average processing time is not the decisive factor. Courts 800# document.getElementById('g-recaptcha-response').value=token; We are able to force USCIS/DOS into a settlement due to our reputation for litigating cases all the way to trial (when needed), as well as our ability to make strong legal arguments along with allegations to show that our clients cases merit the issuance of a Writ of Mandamus by the court. Immigrant petitions in a reasonable case Stuck plaintiff and the power of the government stands against you to USCIS. Danville, Ky Horse Properties For Sale, Itcannot force the USCIS orthe consulate tomake that decision inyour favor. 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. In most cases, they try to moot out the case and they do that by deciding the case. A writ of mandamus is a civil action that is intended to move a government actor to perform an action that he or she is required to complete under law. Upon receiving acomplaint filed with the Federal Court, the government must answer within sixty days ofthe complaint. An important aspect of this is that you MUST have an immigration case pending. MLG is now recommending that applicants strongly consider pursuing a Writ of Mandamus if they have filed their Form I-526 on or before February 1, 2019, filed a Form I-829 on or before September 1, 2019, or . Your work, travel, and address history an unlawful withholding of action not issue his own of. Even if the litigation is successful, it only orders USCIS to adjudicate the petition, which may not result in approval. For more information about the writ of mandamus please contact our office. color: white; B. We agree. You only have the right to ask for a decision. Hethen submitted aK-1 fiancepetition for her. [All case information related to our clients is kept in the strictest confidence. STATUTORY BACKGROUND 14. You can take control by filing a federal lawsuit and helping to get your green card or citizenship application approved ASAP without having to wait much longer. .recentcomments a{display:inline !important;padding:0 !important;margin:0 !important;} This is just a summary of the events that led me to file a lawsuit with al lawyer called "Writ of Mandamus" to move my case forward. It's a very old phrase. Writ of mandamus cases have a high success rate in that 99% of cases are processed and submitted faster and not contested in court. The result? They understand what's going on and it really is that scrutiny from a federal judge that makes them work to decide the case. It is a costly process and not guaranteed to succeed. They don't know what else to do. A lot of it depends on which judge you get. Writs of mandamus can be filed for a number of immigration applications, including naturalization and adjustment of status procedures.