The immigration process can be difficult and complicated. It can take months or even years to obtain a visa or green card. Once you submit your petition to the USCIS, you must wait for a response and decision. In some cases, the process can seem to stall without even getting any communication. Sometimes even when you get a response, you still are not any closer to obtaining your visa. Depending on the situation, there is something you can do to try to speed up the process. An experienced immigration lawyer will help you learn your options.
Delays in the Immigration Process
The immigration process is prone to delay. Many of the petitions that people file can take months just to go through the initial review process. From there, the process can be extremely delayed, which causes quite a bit of frustration. In many cases, an immigrant may not be given a clear reason for why their case is delayed. When a delay in the processing of an immigration petition is extreme, the petitioner may try to speed up the process with a writ of mandamus. Sometimes, this is the only possible legal option. A knowledgeable immigration attorney will help determine your best course of action.
What is a Writ of Mandamus?
A writ of mandamus is a legal action that requests the court to compel action. It is a process used for various types of cases, including some immigration cases. A writ of mandamus is basically a civil lawsuit against the government. It is made on claims that the government must act in accordance with its legal duty. A writ of mandamus in an immigration case is a request to force the U.S. Citizenship and Immigration Services (USCIS) to handle your petition in an expeditious manner.
A writ of mandamus is a federal legal action that goes before a judge. The judge will review your case to determine whether to grant the writ of mandamus. If granted, the order requires the USCIS to move swiftly to make a determination in your immigration matter. It must be noted, however, that the writ of mandamus does not require the USCIS to approve your petition.
How Does a Writ of Mandamus Work?
The Administrative Procedures Act is in place to ensure that governmental agencies, such as the USCIS, perform their duties within a reasonable length of time. The law allows you to file a lawsuit against the agency in federal court. The lawsuit is a legal process in which you will be able to present your case in court. The judge will review the details and make a determination as to whether to grant a writ of mandamus. The writ of mandamus does not compel the agency to make a specific determination; It mandates that the agency do their job in reviewing the matter or make a decision. The writ of mandamus is a completely separate filing from your USCIS matter. A skilled immigration attorney will assist you through the process of filing a civil case in federal court.
Benefits of a Writ of Mandamus
The USCIS processes many thousands of immigration cases a year. With so many petitions, it is no wonder that the processing time can be lengthy. Many of these matters take longer to handle than we hope. When compelled by a writ of mandamus, the USCIS must provide expedited relief. Therefore, it will essentially require your immigration matter to get handled as soon as possible. A writ of mandamus may be particularly useful in family-based immigration petitions, employment petitions, adjustment of status, naturalization, and green card matters. Typically, the USCIS will have 60 days to respond to a writ of mandamus.
When Can I File a Writ of Mandamus?
A person may file a writ of mandamus only when a legal process is taking an unreasonable length of time to resolve. The request must be made only after a particular immigration matter is stalled or is not getting handled quickly enough. It is also necessary not to wait too long to file a writ of mandamus. An unreasonable length of time can be subjective, so you will need to have details of the date of submission and any communication you had with the USCIS.
With help from your immigration attorney, you can determine whether you may benefit from filing a writ of mandamus. Some of the situations which may warrant a filing include:
- You submitted a petition for a green card but have not had a response for an extended period of time.
- You cannot get an update on the status of your USCIS petition.
- You have a pending application for a lengthy period of time.
- You received approval on your application but nothing further has happened.
- Your application was denied, but you cannot get an explanation as to why.
The length of time it normally takes the USCIS to process a petition depends on a variety of factors, including the type of visa request. It is best to check with your attorney to find out the typical processing time for your specific type of application.
How to File a Writ of Mandamus
A writ of mandamus is a civil lawsuit that you must file in federal court. A mandamus lawsuit itself may take up to six months or more, depending on the current workload. You must include the facts of the case, the legal issues, the reason why the length of time is unreasonable, and what relief you are requesting. Generally, you are requesting the court to order the USCIS to make a decision in your immigration case. You must make sure to provide all documentation that supports your claim. Every case is different, so it is helpful to consult with a qualified immigration attorney to assist you through the process.
The immigration process can be lengthy. A writ of mandamus is a way you may be able to ensure that your case is not stalled in the system. If you feel that your case is taking an unreasonable length of time, it may be necessary to file a writ of mandamus. Talk to our legal team to learn how we can assist you with your immigration matter. Call us today at Ibrahim Law Global at (708) 584- 3043 to request a consultation.
