Fighting Immigration Delay, Writ of Mandamus

Mandamus Lawsuits with Boston Immigration Lawyer Joshua L. Goldstein

If you have been waiting and waiting and your immigration case is still languishing without a decision, call our immigration lawyers today at (617) 722-0005. We specialize in mandamus lawsuits. We can review your immigration case to determine if a mandamus lawsuit is a recommended step to resolve the delay of your citizenship (N-400), green card (I-485) or other immigration applications.

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Have you experienced a big delay with your citizenship or green card application?

Are you the victim of a never-ending FBI “name check” or security check program?

Are you frustrated that your immigration case is simply stuck or pending?

If your answer is yes, you have two choices: you can keep on waiting for who knows how long or do something about it!

Anyone who files an immigration application has a legal right to a yes-or-no decision. We understand that if your immigration or citizenship application is stuck in the system, the delay can have a terrible impact on your life.

To put an end to a never-ending delay, call the Goldstein Immigration Lawyers at (617) 722-0005 today to set up a consultation with a Boston immigration and citizenship lawyer.

“Why is my immigration application delayed?”

Whether it’s a green card (I-485, Application for Adjustment of Status) a citizenship application (N-400, Application for Naturalization) or another type of application, your immigration case could be delayed for many reasons. Most big delays are related to delayed FBI “name check” or security checks. Or your application may be stuck in the immigration system because U.S. Citizenship and Immigration Services (USCIS) has not consolidated part of your immigration file. There may seem to be no explanation at all for your delay–maybe you had your green card or naturalization interview and just never received a decision. Many people have been told nothing more than that their case is “pending” or “under review” or “in investigations.” The first step in our case review is to determine definitively and precisely why your immigration application is delayed. In one case handled by Goldstein Immigration Lawyers, an inquiry determined that USCIS had simply lost the applicants file!

“But why me? I have never been arrested or had any serious trouble with the law”

Don’t worry, you’re not alone. In most cases, you are in no way responsible for initiating a delay. Anecdotal evidence suggests that the post-9/11 security policies have worsened such delays based on profiling of applicants’ names and countries of origin, particularly those coming from Morocco, Algeria, Russia, China, India, Pakistan, and the Middle East.

Regardless, your delay most likely does not reflect personally on you, but rather is a result of a flawed immigration system where a background check or FBI “name check” can be used as an excuse to delay your immigration case for years and years. These sorts of unreasonable delays can only be resolved with proper legal intervention. Each year, Goldstein Immigration Lawyers has been successfully in resolving hundreds of applications even after nothing else works.

“What can Goldstein Immigration Lawyers do to resolve the delay and get my immigration application approved?”

The Goldstein Immigration Lawyers can resolve the delay in your case by filing a writ of mandamus action in federal court to compel USCIS to take action on your delayed immigration application.

USCIS can approve or deny your immigration application. But the Administrative Procedures Act (APA) imposes upon USCIS a clear legal duty to make a final decision within a reasonable time.

USCIS has a mandatory legal duty to make a decision on all immigration applications including the N-400, Application for Naturalization, and the I-485, Application for a green card, and more. U.S. District Court judges in Massachusetts have held that courts have jurisdiction to compel USCIS to make a decision on immigration applications that have been unreasonably delayed.

Writ of Mandamus Lawsuits for Delayed Green Card and Citizenship Applications