Writ of Mandamus

Has your case been pending with U.S.C.I.S. for an unreasonable amount of time?

You filed your immigration case, you paid all the fees, you filed service requests and your case is still pending. That was four years ago.

After numerous telephone calls, InfoPass appointments and Congressional inquiry, you obtain the same answer: security checks are still pending. Or perhaps the story is different every time: extended review, file is with another agency, name check, file is lost...

Experienced Immigration Attorneys at Immigration Solutions LLC in Boston can help you!

In some cases, it may be appropriate to file a lawsuit against U.S.C.I.S. and other government agencies. There is an act known as the Administrative Procedures Act (5 U.S.C. §500 et seq, the “APA”). This act allows applicants to file a lawsuit against USCIS and other related federal agencies to compel a decision on your case. Congress stipulated that each discretionary decision, such as the ones made by USCIS, must be made within a reasonable time. Nevertheless, what the federal courts consider a “reasonable time” is of course subject to interpretation. Every case is different, thus only an experienced immigration attorney can help you can discern whether your case has suffered an unreasonable delay. Assuming the delay is unreasonable, the APA does give you the right to file a lawsuit. 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.  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. This means that ultimately your case might be approved or denied. Nevertheless, the experienced immigration attorneys at Immigration Solutions LLC in Boston, MA can advise you whether is more likely to be approved or denied.

The truth is that filing a writ of mandamus is just another option available to you. It is a very complicated option, one that a competent attorney must analyze. A careful analysis of its benefits and risks must be carried out by an experienced immigration attorney at Immigration Solutions LLC.

Please call us today to book a consultation to discuss your options at 617-536-0584

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