Asylee11
Active Member
I had to do the same to get my GC!! had to sue them after 12 months no update. Worth every penny.
Law Offices of Rajiv S. Khanna, P.C.
Processing time for green card based on asylum
- Thread starter oliver_68
- Start date
Can I sue them after 9 months or should I wait for 1 year.
You cannot file mandamus until you have exhausted all possibilities, one raise an enquiry if outside of normal processing times, two try and call , three use your senator etc, only then will a mandamus likely succeed( my opinion, not legal advise) your attorney will advise you anyway since thats part of what u paying .
lotterywinnerof2023
Member
Technically you can file mandamus lawsuit anytime, but your odds of success is lower if your still within normal processing and you don't have sever hardship. This what my lawyer said.
Asylee11
Active Member
That's not true, to be honest! You can file a mandamus anytime after 6 months from the date the case was filed! The processing times listed on the USCIS website are created by USCIS and aren't official or legally binding, so the court doesn't pay attention to those processing times. However, you did mention an important point: before you apply for a mandamus, you need to make a service request. This way, you can show the court that you reached out to them first before taking legal action.
Asylee11
Active Member
you can after 9 months but i would do service request now if i were you and if no updates by the next 2-3 months then immediately sue them
Asylee11
Active Member
That's not true, to be honest! You can file a mandamus anytime after 6 months from the date the case was filed! The processing times listed on the USCIS website are created by USCIS and aren't official or legally binding, so the court doesn't pay attention to those processing times. However, before you apply for a mandamus, you need to make a service request. This way, you can show the court that you reached out to them first before taking legal action.
How are you doing my friend...
Can you explain how to do this service request..I would be grateful.
Can you explain how to do this service request..I would be grateful.
Asylee11
Active Member
good and thanks for asking, wbu? hopefully life is treating you well. amen
Asylee11
Active Member
lotterywinnerof2023
Member
You can file a mandamus lawsuit if your case has been delayed for more than six months, and USCIS processing times are not legally binding. However, courts often use those timelines as a reference when deciding whether a delay is “unreasonable.” So technically, you can file at any time — but if you're still within the posted processing time and don’t have any significant hardship, your chances of success are usually lower. The government's attorney might file a motion to dismiss, and you could end up needing thousands of dollars to fight back.
Also, while filing a service request before going to court is not legally required, it’s definitely a smart move. Judges like to see that you made an effort to resolve the issue before pursuing legal action.