There is hope for those who have been wrongfully rejected or delayed— you can take your case all the way up to a federal court of appeals by filing a successful writ of mandamus against USCIS. To show just how powerful this tool can be, this blog post will explain one such recent success story that resulted in an immigrant’s green card being granted after 17 years. Read on for further details about this inspiring victory achieved by filing a writ of mandamus!
About Writ of Mandamus
A writ of mandamus for immigration is a court order that compels a government agency or official to perform a particular action. In the context of immigration law, a writ of mandamus is often sought by individuals who believe that their application for a visa, green card or citizenship has been wrongly denied, delayed or ignored.
To be eligible for such relief, the applicant must demonstrate that the agency or official has a legal obligation to take action, and that there is no other adequate legal remedy available.
Examples of cases where a writ of mandamus may be appropriate include situations where an individual has been waiting for an unreasonably long period of time for a decision on their application, or where the agency has failed to respond to a request for information or documentation.
Overall, a writ of mandamus can be a powerful tool for individuals to seek relief from bureaucratic inaction or wrongdoing in the immigration context.
The clients were a man, his wife, and their two children ––all born in the Middle East.
In 1987, they created a commercial enterprise in California and applied for the EB-5 Visa, but U.S. Immigration never granted them legal status based on their Green Card applications, creating a delay in immigration.
Though the family came to America legally and the children were raised here, they could not prove their status to the USCIS.
Without the travel card, they were restricted to what they could do, so the entire family was in limbo for 17 years.
Because the law was evolving, the adult children were caught up in a bureaucratic snafu. They could not:
- Pursue their careers
- Work legally
- Or travel outside the U.S.
These unfortunate circumstances resulting in them losing out on countless opportunities to work lawfully.
The USCIS’s Attorney is the Department of Justice. The family tried to resolve their issues with other attorneys, but there was one approach they had not considered.
Warren Law Firm suggested that they sue the Department of Justice for a Green Card. We had successfully sued them in the past, so we filed the Writ of Mandamus to compel the U.S. Government to process their Green Card application because of the 17-year delay that greatly affected their lives.
A Writ of Mandamus is an order from a court to an inferior government official ordering that official to properly fulfill his or her official duties or correct an abuse. The sue Green Card process took about six months and was settled before Warren Law Firm went to court because the USCIS realized that they had created a wrongful situation.
“The family was absolutely ecstatic,” said Angela Warren, Esq., founder of Warren Law Firm. “They sent us gifts. They were very appreciative. They had never worked with an attorney who thought of suing the Immigration Department.”
“Now the children have found new careers,” she added. “They’ve also pursued other opportunities and traveled freely knowing they could get back into the United States without any hassles.
In addition, the adult children were able to qualify to apply for U.S. citizenship – but they couldn’t do that before because they were in bureaucratic limbo. Best of all, they didn’t have to wait the traditional five years between getting the Green Card and applying for U.S. citizenship because of the government’s 17-year delay immigration.
The Bottom Line
By creatively petitioning for a Writ of Mandamus, Warren Law Firm was successful in getting U.S. Immigration to avoid any further problems. The client’s status was resolved by simply deploying a sue green card case.
About The EB-5 Program
Created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors, the U.S. Citizenship & Immigration Services (USCIS) administers the EB-5 program.
Through it, investors may legally qualify for EB-5 classification by investing through businesses or regional centers designated by USCIS based on proposals for promoting economic growth.
Schedule a Writ of Mandamus Consultation
This legal case study proves that the writ of mandamus is a powerful tool when used correctly. USCIS may wrongfully reject or delay petitions, but thankfully those who are denied have a way to seek justice through the courts. You can take it all the way up to the federal court of appeals if needed but luckily just filing a Writ of Mandamus is enough to urge USCIS to act to avoid paying legal fees.
Our team here at Warren Law Firm has had success achieving green card and visa approvals with this legal strategy, and we’d be more than happy to take your case into consideration. If you’ve experienced delays or rejections from USCIS, you owe it to yourself to investigate this option further. Reach out today and schedule a free consultation so we can review your unique situation and determine if a writ of mandamus could help get you the approval you deserve.