Writ of Mandamus

Immigration Writ of Mandamus

In some instances, after a nearly perfect naturalization petition has been submitted to the USCIS, months or even years can pass without hearing a word back from USCIS. Reasons for this can be many yet the most common cause of delay is the large volume of petitions that are sent in daily. The Department of Homeland Security (DHS), which plays a large part in making decisions pertaining to these cases, occasionally causes delays for reasons such as file transfers to incorrect destinations, misplacing files, or even shifting cases into files marked for further investigation or review because of administrative error on their part or a lack of understanding on the part of a low-level clerk. No one should be subjected to the intense discomfort of extended waiting with no relief in sight, especially after working so hard to submit the petition in the first place. For this reason, our Los Angeles immigration attorneys and Burbank immigration attorneys offer free consultations to interested parties seeking to file a Writ of Mandamus.

Naturalization Writs of Mandamus

A Writ of Mandamus is, in the case of immigration, a judicial order to USCIS and/or DHS to remedy an unreasonable delay in the resolution of an issue. For example: person A petitions for a certain type of visa, then begins to wait. The normal period of time passes and nothing is heard, and after questioning after the status of the petition, they find that it is still under review and no timeframe for a decision can be given. Person A goes back to waiting, and more time passes to the point where it is now inordinate. Our Los Angeles immigration attorneys and Burbank immigration attorneys assist and have assisted many clients with their own Writs of Mandamus in a variety of situations for a variety of causes. If you feel your situation requires additional action that goes beyond simply waiting for a decision, contact our firm and speak with a Los Angeles immigration attorney or Burbank immigration attorney today.

Adjustment of Status Writs of Mandamus

In order to acquire a Writ of Mandamus, a petitioner who has applied for some form of immigration-related benefit must file an official complaint with the federal district court which presides over the region in which the petitioner resides or, as is the case with many foreign national petitioners, in which the activities relating to the specific case occur or will occur. This complaint must meet several guidelines and must address and invoke certain elements of the legislation which governs the DHS – simply stating “I am discontent” along with a monologue outlining one’s feelings is not, unfortunately, adequate. For this reason, among many others, we highly recommend seeking the quality assistance of a Los Angeles immigration attorney or Burbank immigration attorney from our full-service immigration law firm.

After a Writ of Mandamus has been successfully acquired and filed, the Government has sixty days to respond to the complaint. After an inquiry with the DHS, most cases are resolved within this period of time, and a decision is made and our clients receive their answer. Occasionally, however, resolution will not be reached, and the Government will actually file an order for DHS to respond to your case. This rarely occurs, as it usually only takes one person a brief moment of time to look at the case and realize that our Los Angeles immigration attorneys and Burbank immigration attorneys did an excellent job with your petition and it has every reason to be approved.

Contact our firm to reach resolution on your hopes and dreams that are long overdue. Any of our Los Angeles immigration attorneys or Burbank immigration attorneys will be willing to help you petition and file, as our first and foremost priority is to make sure our clients’ needs are met. Schedule your free consultation today.

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