Many foreign nationals, families, and employers are all too aware that U.S. Citizenship and Immigration Services (USCIS) is prone to lengthy delays. USCIS is a massive government agency that handles an extensive amount of legal work relating to nearly all immigration matters. As a bureaucratic entity, they are also prone to frequent errors, lost files, and the general processing delays for which we may never find the underlying cause. Delays are frustrating setbacks for many who wish to visit or move to the United States. When there are certain deadlines to be met, including those related to employment, or certain events that can’t be missed, such as those involving family members, delays in the immigration process can be devastating.
When applicants and petitioners do all that they can to ensure that they correctly and completely file their specific action and applications, USCIS should handle these matters in a reasonable amount of time. When USCIS causes unnecessary delays and fails to handle a certain action in a timely manner, applicants do have options available. Writs of mandamus, for example, are legal actions – known as judicial remedies – that allows an applicant to file a complaint directly against USCIS for unnecessary delays. While situations and circumstances will always be different, applicants may be able to file a writ of mandamus if they meet the following criteria:
When a writ of mandamus is filed, courts will review all of the issues relating to the case and applicant and will require USCIS to issue a final decision on an application within a set time-frame, which can range from 30 to 90 days. Many applicants who have encountered delays in the naturalization process, an adjustment of status application, and other immigration actions can benefit from filing a writ of mandamus.
It is important to understand that while a writ of mandamus can prompt USCIS into action when they have unreasonably delayed applications, the legal complaint does not guarantee that the decision will be a positive one. The most important thing to consider is that all foreign nationals, domestic employers, and families who expend the necessary time and effort to complete a proper application deserve to receive a decision in a timely manner. When they do not, aggressive legal measures such as a writ of mandamus can be taken. If you would like more information about immigration delays, writs of mandamus, and the ways in which our firm can help, please do not hesitate to reach out for help. Contact a New York immigration attorney from Pozo Goldstein, LLP for the representation you need.
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