FACTS:

A client’s pending Affirmative Asylum (Form I-589 Application) had been pending for more than 5 years without an interview.  The client was understandably frustrated by this delay as they were not able to obtain a final answer on their case or move forward with their life until an answer was given on their asylum case.

THE LAW:

Generally, USCIS has no obligation to approve cases in any particular period of time.  When long delays make life difficult for clients, USCIS is often unable or unwilling to assist with expediting or dealing with the practical problems of the delays in adjudication.

Even though the landscape is not always favorable, it is possible to request the US District Court having jurisdiction over the case order USCIS to complete adjudication of a case through a form of relief known as a Writ of Mandamus.  If granted, such an order can compel the government to make a decision in a particular case. Importantly, this is NOT ALWAYS a solution, and the government COULD oppose such a motion and argue that the amount of time the applicant was waiting has not been reasonable.  For example, if your work permit has been pending a short amount of time, and you remain in valid work authorization and are not suffering any hardship, the government MIGHT be less willing to agree to such relief.

It is always important to note that a Mandamus Action DOES NOT guarantee an outcome on the underlying Asylum Case. Filing a Writ of Mandamus is not a good idea if you have a weak underlying case for asylum or any other relief as expediting the case through Mandamus may just wind up with a DENIAL of your underlying case.

THE RESULT:

Luckily and happily in this case, we were able to highlight the relevant hardship factors and show that the client diligently pursued their asylum case. With the agreement of the government attorneys in this case USCIS agreed to expedite this asylum case and grant an interview.

Such a result is not always possible or typical but does present an option for those who are suffering from long USCIS delays and have a worthy case.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.