October 15, 2024
More than 2 million people immigrated to the United States last year. The United States Citizenship and Immigration Services (USCIS) provides visas for those who qualify. In order to obtain a visa, you must go through the proper procedure. The length of time it takes to obtain a visa can vary greatly depending on the type of visa you request. There are many applicants and likely not enough employees to verify and approve applications. This means that the wait time to get a visa can be months or even years in some cases. There could be delays in any kind of request, such as an application, petition, or appeal.
Can I Expedite the Visa Process?
The visa process begins with the submission of your application or request. In addition to your application, you must also submit any required documentation. Once your application is received, you will get a notification. This simply means that the USCIS has received your visa application, but it can still take quite a bit of time to get approved. There is a way to request the USCIS to expedite the adjudication of an application, petition, request, or appeal. Generally, the USCIS expedites only in rare circumstances, such as due to extreme financial loss, urgent employment needs, or humanitarian issues.
Most often, your need to expedite your visa is not considered urgent. Therefore, you will need to wait in line. However, you may find that the wait time is unreasonable. You should not have to wait an excessive or unreasonable length of time to obtain a visa. If the length of time you have been waiting is too long, you may be able to take legal action to help speed up the process. Talk to your immigration lawyer to find out whether it is time to file a writ of mandamus.
What is a Writ of Mandamus?
A writ of mandamus is a legal court order that requires a government official to do their duties. It comes from the Latin term “mandamus,” which translated means “we command.” The writ of mandamus is an action that the court can take to compel a resolution. It is basically a petition or lawsuit against the USCIS. A writ of mandamus is only to be used in exceptional circumstances, such as in cases of emergency or matters that are important to the public. Courts have the power to issue a writ of mandamus in matters that they deem necessary.
Writ of Mandamus in Immigration Cases
In immigration cases, a writ of mandamus is a useful tool that carries some power. In some situations where there has been a lengthy delay in an immigration procedure, the writ of mandamus can compel the USCIS to take action more quickly. Generally, once a writ of mandamus is in place, the USCIS must comply within 30 days. It is important to keep in mind that the writ of mandamus does not request the USCIS to approve your application. It simply requires them to review the application and make a decision.
How Long is Too Long for an Immigration Case?
The law states that an applicant may file a writ of mandamus when their immigration case is taking too long. Since there is no set time frame for this action, you may wonder how long you must wait before the immigration case is considered too long. Typically, if your application has been pending for a year or longer, it might be advisable to file a writ of mandamus. If your application or matter is time-sensitive, a shorter period of time may be considered excessive. For instance, in matters regarding pending deportation, you may need to file a writ of mandamus much more quickly.
How to File a Writ of Mandamus Petition
In an immigration case, you will need to file a writ of mandamus petition with the U.S. Federal District Court. It is helpful to work with an immigration attorney who has experience with a writ of mandamus. Your attorney will review the details of your immigration case and help to determine whether a writ of mandamus or other action is necessary. Your immigration lawyer will file the appropriate paperwork and advocate on your behalf.
What to Expect After You File a Writ of Mandamus Petition
After a writ of mandamus is in place, the USCIS must take steps to review your immigration matter in an expeditious manner. In many cases, the USCIS may not wish to enter into litigation regarding the matter. Instead, they will immediately review your application or other immigration matters that were the reason for your petition. Sometimes the USCIS will make a final decision on your immigration matter rather than have to go through the court system to resolve your lawsuit. If that happens, the USCIS will make a decision in exchange for you dropping the petition.
What to Know About a Writ of Mandamus
There are a few things to know about the writ of mandamus. If you need the USCIS to take action on your immigration matter more quickly, you can use a writ of mandamus. While it may seem extreme, it is a common practice because of the extreme backlog of immigration cases. The writ of mandamus can be helpful in most immigration cases, including those that are handled through an embassy. Remember that you should not be subject to unreasonable delays from the USCIS.
Do not agree to the dismissal of a writ of mandamus unless you are certain that the USCIS has agreed to process your petition. An immigration attorney can be very helpful in guiding the procedure. Consult with your lawyer to learn what options you have available and whether to file a writ of mandamus. You do not need to handle this on your own. A skilled immigration lawyer is here to help you get your matter handled without further delay.
Although USCIS issues may seem out of your control, there is something you can do about long delays. We can help you get a writ of mandamus to speed up the processing of your immigration petition. Reach out to us at Ibrahim Law Global at (708) 584-3043 to request a consultation.
