If the United States Citizenship and Immigration Services has failed to make a decision on your application for a green card or naturalization, you may be entitled to file a law suit in federal court called a “writ of mandamus.” This type of law suit is considered a civil action and its purpose is to compel government officers to perform their mandatory duties correctly. If you are experiencing an immigration delay in the processing of your application to the USCIS, be sure to contact the experienced Immigration Lawyers at Rodriguez & Sanabria.
Under federal law, a writ of mandamus is an action to compel government officers to perform their duties. It is important to note that while a writ of mandamus compels the government to take action, a court cannot compel the government agency to act in a certain manner. Moreover, the court cannot grant the relief that you might be looking for, i.e. approving your application for a green card or naturalization.
In order for a court to compel action on your immigration application, you must be able to establish that you have a clear right to the requested relief; that the government has a clear duty to perform the review and approval of your application; and that there are no other adequate remedies available to you.
No matter whether you are seeking a green card or naturalization, the majority of application delays occur because the FBI is conducting security or name checks. Unfortunately, these checks, which are usually based on the applicant’s name and country of origin, can cause immigration applications to be held up in the system for many years. In these instances, a writ of mandamus may be the easiest and quickest way to compel the USCIS to take action on an application that has been delayed for a long period of time.
If you are experiencing a lengthy delay in your immigration application, having an experienced lawyer by your side who can investigate and follow-up on your delayed case can increase your chances of obtaining an expeditious and successful outcome in your case. There are many different avenues to follow when you need to speed up the outcome of your immigration case, such as making an appointment with an Immigration Information Officer to find out what is happening with your case, or asking your local Congressional representative to inquire on your behalf. In extreme cases, where the delay has lasted years, a writ of mandamus may be necessary to compel the government to adjudicate your case. An attorney who is familiar with the system can advise you as to whether one of these forms of relief may be available to you.
If your green card, naturalization, or other immigrant application has been held up in the system for a longer period of time than you think might be normal, the experienced Immigration Lawyers at Rodriguez & Sanabria can help you determine why your case might be delayed, and can assist you with working to obtain a successful and expeditious conclusion to your case. Contact Rodriguez & Sanabria 24/7 via phone at (571) 292-1209 in Virginia, (301) 585-8400 in Maryland or email for a free consultation, or to schedule an office visit.
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