FACTS:

A client’s pending family-based Petition (Form I-130) had been pending for several years as they awaited COVID-19 related processing delays. After finally being interviewed by USCIS, the client hoped for a quick decision in their case, but no action seemed forthcoming.

With a frustrating silence from USCIS, the client reached out to see if there was something available to help expedite or produce a final decision on their Form I-130 Petition.

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.

THE RESULT:

Luckily and happily in this case, we were lucky to get the timing just right! We argued that the client’s lengthy waiting for adjudication was outside the “normal” processing timeline for USCIS, and asked for the US Attorney to help with securing a final adjudication of this Form I-130 Petition.  As a result, and as hoped, the government attorneys caused USCIS to approve their pending Form I-130 Petition in a matter of weeks. From the time of filing until approval of the pending I-130 was only a period of weeks. With this good result, the client is now on to the next steps in their case!

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.