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Writs of Mandamus Attorney
Even a quick perusal of the news, Google, anecdotal stories across social media, will show that immigration decisions can be slow – on a good day. Despite the USCIS’ efforts to modernize the system, to have applications and supporting documentation uploaded online, every decision must still be made by a person. Most applications are still filed by snail mail.
It’s inevitable that some decisions will be delayed due to sheer volume. It’s inevitable that some files are just lost. It’s inevitable that some of the people making the decisions just don’t want to deal with a complex issue or one that they can’t quite understand or one that is a little ‘outside the box’ of their experience.
The ‘why’ of it doesn’t matter to you, what does matter is the fact that you, your family, your livelihood, are in limbo until a decision is rendered.
What do you do when the decision is going on months, even years, beyond what it should have taken?
You sue the federal government.
That sounds ominous, it is not. There is a mechanism in place for you to compel the USCIS to make a decision.
A writ of mandamus is an action filed in a federal District Court against entities like the USCIS asking that the court compel the government act on a pending immigration matter when it has been unreasonably delayed.
You deserve an answer. That requires a law firm with deep knowledge and years of experience. It requires Patricia Castillo Flanagan and Work Visa Lawyers, P.A.
Some Facts About A Writ of Mandamus
First, you are owed an answer, no one’s future should be held hostage by a court or bureaucrat. You are owed a fair process. A positive result, however, is not guaranteed. A writ of mandamus is not about that, it’s about getting the system to reach a decision. It’s about finally getting a yes or no answer.
That said, to succeed, you need to show that:
You have a clear right to the requested relief.
The agency has a clear duty to perform.
There are no other remedies available to you.
A Writ of Mandamus then, may – should – only be filed when the USCIS fails to make a decision within a reasonable timeframe. The question is, “how long a delay is unreasonable?” Like far too many immigration issues, the answer is: “It depends.” There is an art to knowing when to file a Writ of Mandamus for a specific immigration matter. Filing too soon is a waste of a filing fee; waiting too long may mean you run out of time.
What to Do
If it seems like you are waiting ‘forever’ to get a decision on your immigration matter, here's the one thing to not do: think that your decision is ‘sure to get there’ before your deadline(s) are up.
The government has sixty days to answer a writ of mandamus. Always keep that in mind as you look at the calendar.
A writ of mandamus is a legal action – it is you, in effect, suing the United States. It must be well-written, impeccably argued, and supported by evidence.
This is not something to try alone, this is not something to trust to a Google search.
Do Not Go it Alone
You deserve an answer. You are, in fact, owed an answer. A writ of mandamus can compel the government to make a decision. It is essential that it be done right.
Patricia Castillo Flanagan and Work Visa Lawyers, P.A. are here for you. Please contact us as soon as your suspicions are raised that a decision in your matter just is not coming. We have the knowledge and experience to file the application and see it through to fruition quickly and efficiently.
Contact Work Visa Lawyers Immediately
Responding to a Request for Evidence quickly and efficiently is crucial to your future in the United States. It is essential that the issue be precisely addressed, the supporting documentation flawless..
Patricia Castillo Flanagan and Work Visa Lawyers, P.A. are here for you. Please contact us as quickly as possible. We have the knowledge, experience, and a long history of success in responding to requests for information.