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Dear friends:
Processes involving immigration are generally long due to the numerous administrative steps that must be followed and the volume of applications the government receives each year. In some situations, however, these waiting times become excessively long, going beyond what would be considered a “reasonable” wait. It is at this point, and upon meeting a series of requirements, that a lawsuit for a Writ of Mandamus can be filed in District Court. If the Court determines that the government’s delay is not justified, it may issue an order requiring USCIS to make a decision on the application in question or approve the petition directly.
A case is eligible if:
- A properly filed application has been submitted to obtain an immigration benefit (such as the I-485 application for Adjustment of Status, etc.)
- The person meets all the requirements for adjudication of the application; and
- USCIS has not made a decision within a period longer than usual, which is typically specified in the USCIS Processing Times Guide.
In the same way, if USCIS has not made a decision in a Citizenship or Naturalization case (N-400) 120 days after the interview or exam, a lawsuit can be filed in District Court. At that point, the Court will review the case, and if the individual meets all the requirements for Citizenship and the application has been properly filed, the Court itself may approve the process and naturalize the individual as a Citizen.
Our office has successfully litigated these types of cases throughout the United States, and we can assist individuals even if they do not live in Massachusetts.
Each of these processes involves different steps. If you would like to schedule an appointment to review whether you qualify for this or any other immigration process, call our office at (617) 303-2601. We can also assist you or your family members with any criminal case and personal injury case.
Sincerely,
The FitzGerald Law Company Team
A successful track record serving the Massachusetts community for more than 20 years in their legal needs in the areas of Immigration, Criminal Defense, and Injury and Accident cases.
