Arlington Immigration Delay Lawyer 

Each year, the U.S. Citizenship and Immigration Services (USCIS) receives an overwhelming number of applications for visas and other immigration benefits. The USCIS is also in charge of naturalizing foreign citizens, and it works closely with the other Department of Homeland Security agencies for the proper application of U.S. immigration laws.

Unfortunately for visa applicants and those seeking U.S. citizenship, it can take the USCIS an unnaturally long time to make decisions.

This is inconveniencing and upsetting for applicants, but there are ways for applicants and potential citizens to bypass delays legally. If you are currently waiting for the USCIS to make a decision in regard to your case, an Arlington immigration delay lawyer may be able to help you. Schedule a consultation with a skilled immigration attorney to get started on your case.

What is a Writ of Mandamus?

Immigration delays can be frustrating, but it is important for individuals to understand they can take action. By obtaining a Writ of Mandamus, which is an order from a Federal Court commanding the U.S. Citizenship and Immigration Services to make a decision in regard to an immigration application, an applicant can receive a final determination on their application. According to the Writ, a petitioner (the person applying for immigration status), must demonstrate their claim is clear and no other remedy is available.

This simply means the applicant must prove they submitted an application and the government owes them a decision so they can be free from doubt as to their eligibility for the benefit sought. A peremptory Writ orders the USCIS to perform the act in question (make a decision) as required by law. An alternative Writ orders the USCIS to take a certain action, such as attending a hearing, to explain why they should not have to issue a decision.

Delays in the Adjudication of Form N-400

The naturalization process is extensive and stressful, but unfortunately, even after a person passes their naturalization test, the government can delay making a final decision in regard to their citizenship status. This is unfair, and it often places undue financial and emotional strain on individuals and their families. After a person takes and passes an examination, the USCIS has four months (120 days) to make a decision, but without legal intervention, it can take years.

When a Writ of Mandamus is ordered, the USCIS will be ordered to make a decision in regard to the citizenship status of a person. The Mandamus action must be filed with a Federal District Court; however the decision may not be positive.

Family-Based and Immigrant Visas

In the United States, family members of U.S. citizens and permanent residents are given precedence when it comes to applying for a visa. The family member who is a citizen or resident of the U.S. may “sponsor” the family member applying for a visa, and applications with “sponsors” will be reviewed in a timely manner.

After an application for a family-based petition is filed, the sponsor awaits approval so that the beneficiary can go forward with applying for an immigrant visa abroad or apply for adjustment of status.  Unfortunately, if it takes too long for approval, the petitioner may have to hire an Arlington immigration delay lawyer to help them obtain a Writ of Mandamus.

Learn More from an Arlington Immigration Attorney

Waiting for the government to make a decision in regard to your immigration status can be emotionally and psychologically excruciating. By filing a Writ of Mandamus, you and your attorney can make sure the U.S. Citizenship and Immigration Services makes a decision about your case as quickly as possible. Learn more by calling an Arlington immigration delay lawyer about USCIS delays.