In a past article (How Can I Get Scheduled for an Asylum Interview or Get a Decision Issued?), we discussed the option of filing a Petition for a Writ of Mandamus in federal court to compel the United States Citizenship and Immigration Services (USCIS) to schedule an asylum applicant for an interview or issue a decision in the case if it had been pending for a long time. This option is also available to long-pending green card applicants who are filing their applications based on Form I-130 (Petition for Alien Relative), Form I-140 (Immigration Petition for Alien Worker), or Form I-751 (Petition to Remove Conditions on Residence).
What Is a Mandamus Action?
A mandamus action, or Writ of Mandamus, is a lawsuit filed in federal court, seeking to force a federal agency to do its job within a reasonable amount of time. In this case, you are asking the court to order USCIS to act by issuing a decision in your long-pending green card application.
It is important to note that a mandamus action does not give the court the ability to decide your case or order the USCIS to approve your case. It only allows the court to order USCIS to issue a decision in your long-pending green card application without delay. In most cases, USCIS promptly issues a decision on the application before the lawsuit ever comes before a judge.
If you believe you have waited an unreasonable amount of time for a decision on your green card application, it may be appropriate to file a Petition for a Writ of Mandamus in federal court. To discuss whether a mandamus action is proper in your case and whether you would be successful, contact our immigration attorneys at the Law Offices of Azita M. Mojarad, P.C. Our experienced immigration attorneys stand ready to assist you and advise you of the proper course of action.