WOM and retrogression

R

rp1234

Registered Users (C)
Re; Writ of Mandamus suit to compel adjudication of pending I-485 due to name check delay for over 3.5 years.
Are there any case examples of mandamus litigation that have been affected adversely by visa number retrogressions? What are possible options/arguments for such scenarios? Is it possible to argue just on the name check delay?

Thanks in advance.
 
You have no basis for filing WOM when retrogressed. The purpose of a WOM lawsuit is to compel the government to do its legal duty. For I-485, the duty is to complete the processing within a reasonable amount of time. But it has no duty to approve a case that is retrogressed.

Once your priority date becomes current again, file WOM if you're not approved within a month.

While waiting for your PD to become current, contact your senator, congressman/woman, first lady, etc. about the name check.
 
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