Unreasonable Processing Delays
In some instances, individuals may feel compelled to seek judicial remedies in the face of excessive delays with their immigration case. Typically, these instances involve cases where U.S. Citizenship and Immigration Services delays the adjudication of I-485 (Applications to Register Permanent Residence or Adjust Status), N-400 (Naturalization Applications), or I-589 (Applications for Asylum and Withholding of Removal) while criminal and national security background checks are conducted. We can assist with federal litigation of these matters in one of two ways:
Where appropriate, we can assist with the preparation and filing of a writ of mandamus in federal court compelling the government to take action on the long-standing application. A mandamus action may be a relatively simple and quick remedy in situations where the government has failed to act when it has a duty to do so. It may be possible to compel the government to adjudicate naturalization applications, visa petitions and applications for adjustment of status. In some cases, however, it is important to note that the government is likely to oppose the individual's claim and some courts may be reluctant to compel agency action. Depending on the facts of the case, we can advise regarding the most appropriate strategy.
In the case of delayed citizenship applications, immigration law provides for judicial review of a stalled naturalization petition if the application is pending for more than 120 days after the date on which the examination is conducted. In this regard, our firm can assist with the preparation and filing of a lawsuit under 8 U.S.C. § 1447(b) for cases that meet this criteria.