Florida Immigration Lawyer Blog
One of the most common calls we receive at our office sounds like this: I filed an application for asylum, adjustment of status or citizenship and it has been pending for a long time, what can I do? Long delays in processing times by USCIS (United States Citizenship and Immigration Services) are very common and very frustrating. Long delays in the adjudication of asylum applications, green card applications and citizenship applications leave individuals and families in limbo and cause a tremendous amount of stress. These processing delays also lead to increase costs for renewing work permits or green cards. These delays can also put vulnerable family members in other countries as risk of harm as asylum applicants in the U.S. wait for their interviews.
There are many reasons why USCIS delays cases, but there is usually only one effective solution – SUING USCIS IN FEDERAL COURT! Whether you call the lawsuit a Writ of Mandamus, or an Administrative Procedures Act unreasonable delay suit, these claims are designed to do the same thing, make the government do their job.
Many clients submit online inquires to USCIS about their stalled I-485 Green Card Applications and this does not resolve the case. Many clients contact their member of congress or the USCIS Ombudsman and this often fails to resolve the matter. We have found the most effective way to force USCIS to do their job is to sue them in federal district court. Under the right circumstances and with the right fact pattern, suing the government is usually successful in achieving a decision on the case. Suing the government does not guarantee that your case will be approved, but it usually results in a decision, fairly quickly, when all other strategies have failed.