Dual Citizenship, USCIS Often, the Assistant USAttorney (AUSA) charged with defending the lawsuit will contact the consulate orUSCIS, find out the problem, and work toresolve it sometimes within days ofreceiving the lawsuit. For example, ifithas only been 2 months since the immigrant visa interview and itremains pending under 221(g), itishighly unlikely that acourt would find this unreasonable regardless ofthe emotional suffering ofbeing separated from aloved one. Denaturalization 1361 is the statute that allows a writ of mandamus to be filed. 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). writ of mandamus suing uscis successfully . I feel comfortable in the courtroom and drafting lawsuits and dragging the immigration service into court so we can bring into the light what's been delayed, what's been hassled about, and what we've been frustrated with is actually a really good way to use my legal skills and to help people at the same time. 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. 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. Mandamus Inour experience, the government tends tobemore careful and cautious insuch cases because itknows that itmay beanswerable toajudge ifitacts inbad faith. Against a government agency by an individual to Mandamus to your favor there has been an delay. While itcan behelpful tohave acompelling reason orpurpose for applying for the visa orimmigration benefit, itisnot mandatory. 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. Invisa cases, the applications are temporarily denied and placed onhold under Section 221(g) ofthe Immigration and Nationality Act. Does your Case Qualify for Writ of Mandamus? Mackellar Federal Candidates, These lawsuits work in certain kinds of cases. When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. NVC 24 Volt Aircraft Power Supply, His legal fees seemed reasonable at $4000. In Latin, the word mandamus means "we command." By definition, a writ of mandamus is a formal, legal document that commands a. If anything, this type of action would likely help ensure that any decision USCIS makes is in accordance with the law. The reason why you could sue the government . Even if the litigation is successful, it only orders USCIS to adjudicate the petition, which may not result in approval. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. If you are using our Services via a browser you can restrict, block or remove cookies through your web browser settings.