Navigating the complexities of U.S. immigration can be a daunting task, especially when faced with prolonged delays in processing applications. One legal remedy available to those experiencing such delays is the writ of mandamus. At Dalal and Mehta, Immigration Law Firm, owned by Attorney Pooja Mehta, we aim to educate our clients on their rights and legal options. This blog post will explain what a writ of mandamus is, its approval rates, and why applicants should not fear retribution from USCIS when filing one.
What is the Writ of Mandamus?
A writ of mandamus is a court order compelling a government agency, such as the U.S. Citizenship and Immigration Services (USCIS), to perform a duty that it is legally obligated to complete. This legal action can be used when there is an unreasonable delay in processing immigration applications or petitions.
Key Points:
- Purpose: To compel USCIS to make a decision on a pending immigration application, not to dictate the outcome.
- Requirements: The applicant must demonstrate that there is a clear right to the action being requested, the agency has a clear duty to perform the action, and there is no other adequate remedy available.
Approval Percentages
The approval rate for writs of mandamus in immigration cases can vary, but these petitions often result in USCIS taking action on the delayed case. While exact statistics on approval rates can be challenging to pin down, anecdotal evidence and reports from immigration attorneys suggest that the mere filing of a writs of mandamus frequently prompts USCIS to expedite processing to avoid litigation.
Reported Successes:
- Prompt Action: Many immigrations attorneys report that USCIS often acts on the delayed case soon after a writs of mandamus is filed, rendering the petition moot and resulting in the applicant receiving a decision on their case.
- Resolution Without Court: In many instances, the issue is resolved without the need for a court hearing, as the agency seeks to avoid the judicial process.
No Fear of Retribution
A common concern among immigrants considering a writ of mandamus is the fear of retribution from USCIS. However, there are strong reasons why applicants should not worry about negative repercussions:
1. Legal Right:
- Entitlement: Applicants have a legal right to timely processing of their immigration applications. Filing a writs of mandamus is an assertion of this right, not an act of defiance or antagonism.
- Judicial Oversight: The judiciary’s role is to ensure that government agencies perform their duties. Courts do not look favorably on retribution against individuals asserting their legal rights.
2. Professional Conduct:
- USCIS Standards: USCIS officers are bound by professional and ethical standards. Retaliatory actions against applicants who exercise their legal rights are not only unethical but also illegal.
- Focus on Fairness: The primary focus of USCIS is to ensure fair and lawful processing of immigration applications, not to punish individuals for seeking judicial relief.
3. Positive Precedents:
- Anecdotal Evidence: Immigration attorneys frequently report successful outcomes following the filing of writs of mandamus, with no evidence of subsequent retribution from USCIS.
- Prompt Resolutions: Many cases are resolved promptly once a writ is filed, suggesting that the action serves as a catalyst for USCIS to fulfill its duties without negative consequences for the applicant.
How Dalal and Mehta Can Help?
If you are experiencing unreasonable delays in your immigration application, a writ of mandamus might be the right solution for you. At Dalal and Mehta, Immigration Law Firm, Attorney Pooja Mehta and our experienced team are here to guide you through the process. We can assess your situation, determine if a writ of mandamus is appropriate, and help you file the petition effectively.
If you have questions about filing a writ of mandamus or need assistance with any immigration matter, don’t hesitate to reach out. Call us today at 732-283-7400 to schedule a consultation and let us help you navigate the complexities of immigration law with expert guidance and compassionate support.
