Introduction: In the realm of immigration law, navigating through bureaucratic processes and delays can be an arduous journey. However, there are instances where persistence and legal recourse can lead to favorable outcomes. This post highlights a recent success story of a USC husband and his wife, along with their stepchildren, who triumphed in a Mandamus case after facing numerous challenges. Despite initial setbacks and prolonged delays, their dedication and the pursuit of justice ultimately resulted in the approval of their Adjustment of Status case.

Background: The journey began when the wife and children’s asylum cases were denied, leading to being referred to proceedings before the US Immigration Court.  Recognizing the need to take action, the family retained local counsel (they had been previously represented by counsel out of state).  Our office saw that the referral was over zealous and that they should be allowed to pursue adjustment of status before USCIS rather than the Court.

Legal Battle and Progress: Our office fought to quickly have the the case dismissed in order to pursue their Adjustment of Status case. After successfully negotiating the dismissal of the case through contacts with DHS, the clients hoped for smooth sailing.  However, their path to success was far from easy. After being scheduled for an interview with USCIS, the Washington Field Office DELAYED and CANCLED the interview for our clients. The clients were frustrated by delays and rescheduled interviews (which were never rescheduled). And, sought another alternative.

The Power of Mandamus: The Mandamus, a legal remedy that enables individuals to request a US District Court to compel the government to reach a decision on a pending case, played a significant role in this family’s journey. Although obtaining a Mandamus is not always a guaranteed solution, this case demonstrates that it can be an option worth considering for those who have endured prolonged USCIS delays and can demonstrate substantial hardship.

After filing Mandamus in Federal Court, this family was STILL not done.  Although the Mandamus action DID cause USCIS to reschedule the interview, the interview itself proved to be challenging.  A separated interview (to determine the bona fides of the marriage) led eventually to a complicated Notice of Intent to Deny which added further complexity to the case. Nevertheless, they persevered, and after six months of filing the mandamus, the USCIS finally approved their case!

Lessons Learned: It is crucial to recognize that every case is unique, and outcomes may vary depending on specific circumstances and legal issues. While this success story offers hope to individuals facing similar challenges, it is essential to approach each situation with a clear understanding of the potential risks and complexities involved.

Conclusion: The clients triumphed over adversity in their pursuit of Adjustment of Status. Through the filing of a Mandamus case and unwavering determination, they ultimately achieved their desired outcome, securing approval for their pending case. Although not every case will follow the same trajectory, their experience serves as a testament to the power of perseverance and the potential for positive resolutions even in the face of daunting immigration obstacles.

Disclaimer: It is important to note that the outcome of any immigration case is highly dependent on the unique circumstances and legal issues involved. This post is meant to provide general information and does not guarantee similar results in other cases. Legal advice from a qualified immigration attorney should always be sought for specific situations.