FACTS:
A client’s pending employment-based Adjustment of Status case (Form I-485) had been pending for several years as they awaited COVID-19 related processing delays. In the meantime, the client’s “work permit” (Form I-765) remained pending for more than a year. This delay had caused her current work permit (including the six month automatic extension) to be expired.
With an expired work permit, the client’s employer advised they would no longer be able to employ the client. Facing a loss of their job, the client reached out to see if there was a solution to expedite the long-pending Form I-765 (work permit).
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 able to highlight the relevant hardship factors and show that the client diligently pursued their work permit by filing it on time. We argued that the client’s loss of a job would negatively impact her situation. As a result, and as hoped, the government attorneys caused USCIS to approve her pending Form I-765 Application in a matter of weeks. From the time of filing until approval of the pending I-765 was only a period of days.
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.
