Just lately a consumer of ours, let’s name him Muhammad H married a US citizen. His partner filed the petition for alien relative (I-130) software on his behalf with the applying for adjustment of standing (I-485). She turned pregnant and had little one whereas the petition was pending. Quickly his software was pending for over a 12 months and it turned apparent it was critically delayed. The consumer had scheduled an infopass appointment and checked together with his native congressman however acquired no response.
Frightened that he could have filed the petition incorrectly he got here to our workplace to inquire about what may very well be accomplished. We mentioned his case and reviewed a duplicate of his software. It appeared that he had filed it accurately and we did not see any apparent pink flags. There seemed to be no apparent cause for the delay in adjudicating his petition.
We defined to him that his best choice can be to file a writ of mandamus in federal courtroom. Submitting a mandamus requires a federal choose to assessment the applying and requests they order immigration to adjudicate it inside an affordable time. As soon as the applying is filed and correctly served the federal government has 60 days to reply.
On this case the writ of mandamus was filed and served it on the federal government. Inside 60 days we acquired a name from the US legal professional’s workplace. They acknowledged that they weren’t going to struggle our mandamus and that our consumer’s interview has been scheduled. Muhammad H. and his spouse attended the interview and notably the immigration officer was very skilled on the interview and solely had a number of questions for Muhammad and his spouse. Inside 2 weeks we acquired the choice on their case within the mail. Submitting the writ of mandamus put the consumer in management and now he can transfer on together with his life with out the fear of immigration hanging over his head. This made him very glad as not less than it was yet another factor he didn’t want to fret about.
Though this case concerned a wedding primarily based petition a writ of mandamus can be utilized in any I-130 petition for alien relative or I-485 adjustment of standing software. Likewise a writ of mandamus will be filed for any delayed I-140 employment primarily based software or a delayed N-400 software for naturalization. A mandamus may also be utilized within the asylum context or actually in any sort of continuing the place the federal government is inflicting a delay. The writ of mandamus is a robust software which may put you answerable for your immigration software.
