Applying for asylum is difficult and waiting for a delayed asylum decision can be stressful. We understand what you're going through and want to help you with your refugee status. In our discussion, we’ll cover how long the wait can be and share tips to make it easier.
Our goal is to offer hope and support during this tough time. A mandamus lawsuit might be a good legal remedy if you've been waiting too long and want to speed things up. Let's work together to move forward!
@joshisimmigration Replying to @user6031734694312 #uscis #usvisa #mandamus #221g ♬ original sound - Josh Goldstein, Esq.
Why Are Asylum Cases Delayed?
Delayed asylum decisions can take a long time for a few reasons:
- A lot of people ask for asylum in the US each year, so there are a lot of cases to handle.
- Background checks and security screenings can take a while.
- USCIS doesn't have enough workers or resources, so it can take longer to process applications.
- Changes in immigration rules can also make the process slower.
Taking Control With Legal Action
Are you waiting a long time for a decision on your asylum application? You can speed up the process by filing a mandamus lawsuit. This tells the government to make a decision on your case. Feeling scared about taking legal action? Don't worry, Josh and his team can help you understand and feel more comfortable with the mandamus process.
What Is a Mandamus Lawsuit?
A petition for a Writ of Mandamus forces a government agency (like USCIS) to make a decision on your case. You want the court to help your asylum application move forward in the asylum application process.
The information above is not legal advice for delayed asylum decisions. Contact us to get personalized immigration lawyer guidance for your specific situation. It's important to always get legal advice that fits your circumstances for your asylum case.
When Should You Consider Filing for Mandamus?
Petition for a Writ of Mandamus is powerful and is your legal right. Here are some situations where it could help get an answer on your delayed asylum decision:
- If your application has been stuck for a long time with no clear reason for the asylum decision delay (over a year).
- If USCIS is not talking to you and you are not getting any news or updates.
- If you’re not gettting help from your congressional representative.
- If USCIS isn't replying to your messages about your case.
- If you must make a quick decision because you or your family are in danger.
- If the delay has caused you extreme hardship.
When a Petition of Mandamus Might Not Be a Good Idea
It's important to know when a legal petition may not be the best choice to resolve your delayed asylum decision. Below are some examples when to rethink a Writ of Mandamus lawsuit:
- If there are security checks still being done, mandamus may not work because the court might say the checks are needed for safety.
- If your application is not complete, mandamus won't fix the problems.
- When it's too soon.
Steps to Filing a Mandamus Petition
We offer a complete mandamus lawsuit filing service for delayed asylum decisions. Below are some key steps to filing a mandamus petition:
- Share your case with case to arrange free consultation. Together, we'll be able to plan the nest way forward based on your situation.
- Help you to compile all papers about your asylum request, like receipts and letters from USCIS.
- We'll write a formal complaint and file it in federal court. This asks the court to force USCIS to make a decision on your case.
- We'll provide a copy of the complaint to the right authorities.
- Next, the case goes to court. A judge will look at the facts and decide if USCIS needs to make a decision about your asylum request.
Potential Outcomes of a Mandamus Lawsuit
It's important to know that filing a mandamus lawsuit may not guarantee asylum approval.
Here are some things that could happen:
- Your Application Decision: The court might order USCIS to make a decision on your application, which could be approval or denial.
- Review of your case: Filing a lawsuit might prompt USCIS to review your case quicker, even without a court order.
- Dismissal: The court might throw out your lawsuit if it thinks the delay is justified.
Please don’t get discouraged if you receive a Motion to Dismiss. We’ve successfully challenged and overturned many dismissals in court. Speak to us, and we’ll devise a plan to help you move forward.
Take Action on Your Delayed Asylum Decision Today!
We understand the difficulties delayed asylum decisions cause and provide legal assistance for asylum seekers. If you need help with a delayed asylum decision through a mandamus lawsuit, we can help you get your case unstuck.
If you need help with immigration law and seeking asylum case resolution, contact us. Join the many successful immigration stories this year and take action on your delayed asylum decision today!
Frequently Asked Questions
Understanding delayed asylum decisions and mandamus lawsuits is important. This FAQ section answers common questions about asylum delays and legal options, providing useful information for asylum seekers.
1. What are the causes for delayed asylum decisions?
There are a few reasons for this. The system is dealing with a high number of cases, and the process can be complicated. The USCIS and immigration courts have been overwhelmed recently, which has led to delays.
2. How long must I wait for a decision to be made on my asylum claim?
The wait for a decision on your asylum claim can be quite long. In 2020, most decisions took more than six months. Currently, there are many delays, with some people waiting over a year for a decision.
3. How many delayed asylum decisions are currently in the United States?
There are currently more than 2 million delayed asylum decisions waiting to be processed in the United States. Of these, about 1.1 million are pending in U.S. immigration courts. Pending asylum decisions make up roughly one third of the total backlog. With only 682 immigration judges across the country, the cases face significant delays in being resolved.
Posted in: Blog, Immigration Law