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Registered Users (C)
¡°How much longer do I have to wait?!?!¡±
This is a very common question from people with pending applications at U.S. Citizenship & Immigration Services (¡°USCIS¡±). Unfortunately, USCIS (formerly ¡°INS¡±) can be very slow at adjudicating petitions and many times all that can be done is wait. However, this is not always the case. There is a way to force the government to take action. This is done by filing something called a ¡°writ of mandamus.¡±
Writs of mandamus are authorized by 28 USC ¡ì 1361. This law, also known as ¡°The Mandamus Act,¡± states:
Title 28 U.S.C. ¡ì 1361. Action to compel an officer of the United States to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
In other words, federal law provides people with a legal action that can be used to compel administrative agencies (such as USCIS) to do what they are legally required to do. What is USCIS ¡°required¡± to do? Generally, they are required to adjudicate a case within a ¡°reasonable¡± time.
Whether or not your case has been pending for a ¡°reasonable¡± time depends on both the type of case you have filed (e.g. I-140, I-485, I-129, etc.) and your particular circumstances.
A Mandamus action is an excellent, yet often unknown way to finally get a decision on your case. However, in addition to filing a mandamus action there are other administrative steps that can be taken to move your application forward when it seems like USCIS is taking too long.
If you think that a mandamus or other action might be appropriate in your case and want a knowledgeable, strong advocate on your side, please contact our office and one of our attorneys would be glad to discuss your options with you.
(°æ™àËùÓЩsÁºÓÂÂÉŽŸÊ„ÕËù©olianglaw.com)
This is a very common question from people with pending applications at U.S. Citizenship & Immigration Services (¡°USCIS¡±). Unfortunately, USCIS (formerly ¡°INS¡±) can be very slow at adjudicating petitions and many times all that can be done is wait. However, this is not always the case. There is a way to force the government to take action. This is done by filing something called a ¡°writ of mandamus.¡±
Writs of mandamus are authorized by 28 USC ¡ì 1361. This law, also known as ¡°The Mandamus Act,¡± states:
Title 28 U.S.C. ¡ì 1361. Action to compel an officer of the United States to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
In other words, federal law provides people with a legal action that can be used to compel administrative agencies (such as USCIS) to do what they are legally required to do. What is USCIS ¡°required¡± to do? Generally, they are required to adjudicate a case within a ¡°reasonable¡± time.
Whether or not your case has been pending for a ¡°reasonable¡± time depends on both the type of case you have filed (e.g. I-140, I-485, I-129, etc.) and your particular circumstances.
A Mandamus action is an excellent, yet often unknown way to finally get a decision on your case. However, in addition to filing a mandamus action there are other administrative steps that can be taken to move your application forward when it seems like USCIS is taking too long.
If you think that a mandamus or other action might be appropriate in your case and want a knowledgeable, strong advocate on your side, please contact our office and one of our attorneys would be glad to discuss your options with you.
(°æ™àËùÓЩsÁºÓÂÂÉŽŸÊ„ÕËù©olianglaw.com)