FACTS:

A client came to us after YEARS of waiting for their VAWA (Violence Against Women Act) -based green card case which was pending at USCIS. The client had, as is common with VAWA cases, a difficult history with their ex-spouse, and feared pursuing their case before USCIS. The client had an approved Form I-360 Petition (based on the abuse suffered from the ex-spouse), but USCIS had not acted on the Form I-485.

We discussed the “pros” and “cons” of seeking action with USCIS, and sent a “soft” letter to request adjudication of the case. When we did not receive a response, a frustrated and scared client asked for our advice on what to do next. Frustrated by the continued delay, we advised our client to consider federal court action – namely Mandamus in Federal Court.

THE LAW:

Generally, USCIS has no obligation to approve cases in any particular period of time. This does include adjustment of status 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 USCIS 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 I-485 case has been pending a short amount of time (less than several years), 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 their VAWA case and was worthy of relief. As a result, and as hoped, the government attorneys caused the USCIS to approve this client’s VAWA-based Form I-485 Application within 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.