FACTS:

A client came to us after YEARS of waiting for his LGBT-based asylum case which was pending an interview at USCIS. He filed a request for an expedited interview and the US Asylum office interviewed him in November 2022 (more than 5 years after filing his case). The client had a good interview, testified credibly, and had a strong case supported by facts, country conditions, and a strong supporting package of country conditions put together by our office. We felt confident that following this strong interview, an approval would be forthcoming.

Nonetheless, six months slowly ticked by with no response from the Asylum Office. Our efforts to communicate with them about the case did not create any movement. Frustrated by the continued delay, we advised our client to consider federal court action – namely Mandamus.

THE LAW:

Generally, USCIS has no obligation to approve cases in any particular period of time. This does include asylum applications, generally. Frustratingly, this is also true even after a successful interview, you can wait months or even years to obtain an answer from USCIS.

Even though the landscape is not always favorable, it is possible to request the US District Court having jurisdiction over the case order the asylum office 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 asylum case has been pending a short amount of time, and you have valid work authorization and cannot point to any hardship factors (family separation, relatives overseas, etc.), the government MIGHT be less willing to agree to such relief.

THE RESULT:

Luckily and happily in this case, our Mandamus action was successful and we were able to highlight the relevant hardship factors and show that the client diligently pursued his asylum case and was worthy of relief. As a result, and as hoped, the government attorneys caused the US Asylum Office to approve this client’s LGBT asylum case only a weeks after filing Mandamus!

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.