Each year, U.S. citizens seek to reunite with immediate family that lives abroad. Whether it is a spouse or a child, if they are a resident of a foreign nation, they must go through the legal process to lawfully enter the United States. and remain in the country to obtain permanent resident status and eventually citizenship.
However, even when everything is completed and filed correctly, you may find yourself with a pending petition for an extended period. While wait times are expected and anticipated with family immigration matters, these matters still need to be addressed in a reasonable timeframe. As such, if you believe that USCIS or other federal agencies failed to act or decide on your matter, you have the right to file a lawsuit against them, compelling them to act.
Writ of mandamus
At the Law Offices of Raymond Lo, LLC, we understand the frustrations caused by a pending immigration petition. You took the time to carefully complete and file the application, completed biometrics and confirmed everything was received and filed correctly; however, you continue to see that your matter is pending or needs additional review.
If you have been waiting and extensive amount of time, you should understand that you have options and rights. You could file a writ of mandamus to force action on your case. There are two types of writs of mandamus, and depending on your matter, one or both could be possible actions to take.
The first is a preemptory writ of mandamus, which is when there is a court order issued against USCIS, informing the agency that they must act on the matter in accordance with their lawful duty. The other type is an alternative writ of mandamus. This is a court order use to force USCIS to take certain action or show the judge why it does not need to obey.
Pending I-130 petition
Because USCIS officers have a legal duty issue some form of decision for your matter, filing a writ of mandamus can be very helpful in your family immigration matter if you have been waiting a long time. To get a mandamus issued for your case, you must illustrate to the court that you have a clear right to the relief being requested, that USCIS has a clear duty to perform the act you seek to be ordered and that you do not have other remedies available because you exhausted all possible options.
If you filed an I-130 petition for an immediate relative and they are eligible to adjust their status following legal entry into the United States and your petition has been pending for more than two years, you have the right to file a writ of mandamus. A legal professional can help you understand this process, your rights and answer any questions you have.
