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We are qualified and have great experience with filing petitions for Writ of Mandamus in a federal court to force the United States Citizenship and Immigration Services, USCIS, to decide on a case.
Suing the government should always come as a last resort. A Writ of Mandamus is a lawsuit filed against a government agency by an individual to force the agency or organization to fulfill its mandated assignment. What this means is that you are filing a lawsuit against the government to enable them to perform their duty by deciding your immigration case.
The reason why you could sue the government could stem from a prolonged pending proper adjustment of status I-485 or citizenship N-400 case. However, the law only obliges the United States Citizenship Immigration Service to carry the final decision on immigration applications received within a span of a reasonable time. With a file suit against the USCIS, a jury can pass the order to hasten their decision but cannot order the USCIS with a specific decision to either approve or deny your application.
To this effect, the courts generally agreed that any decision making by the USCIS on the immigration application form I-485 adjustment status to a permanent resident green card that spans over two years is termed unreasonable.
Likewise, the Citizenship petition has a similar application. However, since 2016, the two years’ processing time for N-400 is becoming a custom. Immigrants wait for an average of twenty-month before a decision could be made on the citizenship application.
We advise applicants to discuss the process with an attorney for proper guidance to either sue the government or not to, as that is considered the last resort an applicant should ever use.