Writ of Mandamus
In cases where the applicant is waiting on naturalization or permanent residency for a very long time, where the cases have fallen outside the normal processing time without any specific reason given by USCIS; or for the reason that the case is pending FBI background check, the writ of Mandamus can really push the case to reach a final adjudication.
Basically, a Writ of Mandamus is filed against the USCIS to get a Federal Judge to order the USCIS to do what it is required to do anyway but, for some reason, is just not doing. Technically, the claim is filed under 8 United States Code 1447(B). Usually, the government’s answer is that it’s doing a thorough, time-consuming security check and that’s why the process is taking so long. Federal Courts, however, have not been reluctant to order the government to act and recently the United States District Court all across U.S are becoming more & more open to such claims.
Our office has filed numerous mandamus actions successfully. The mandamus actions we filed were related with delay in Naturalization, adjudication of permanent residency as well as asylum. For more information about the writ of mandamus please contact our office.