If your Adjustment Of Status or AOS application is taking too long to process or if your application is intentionally delayed, you may be eligible to file a mandamus lawsuit. What is a mandamus lawsuit, and how does it work? What types of Visa and immigration cases are eligible for a mandamus lawsuit? What is the reasonable time to process a Visa application or petition? When is mandamus not applicable?
This article will answer all of these questions and more. If you are experiencing difficulties with your adjustment of status application, contact an immigration lawyer in Austin, Texas, today for help.

What Is A Mandamus Lawsuit?

A mandamus lawsuit is a civil action that seeks to compel the United States Citizenship and Immigration Services (USCIS) to decide on an adjustment of status application. These suits are filed in federal court, typically after USCIS failed to act promptly or properly. The purpose of a mandamus lawsuit is to force the agency to do its job. Also, to decide on an adjustment of status application rather than leaving it untouched for extended periods.
Mandamus lawsuits can be used in Visa and immigration cases, including adjustment of status applications. To be eligible for a mandamus lawsuit, the adjustment of status application must have been pending before USCIS for more than 180 days without a decision. Or USCIS must have failed to perform a non-discretionary act.

Reasons For Delayed Processing Of I-485 Applications

The adjustment of status process can be lengthy and complex for many applicants, resulting in delays. Some common reasons for these delays include the following:

• USCIS processing backlogs or funding cuts.
• Incomplete application packages.
• Requests for evidence (RFE) from USCIS.
• A criminal record or other issues that require additional review.
• Missing documents or incorrect information on the petition.
• Visa fraud or misrepresentation of facts.

The USCIS scrutinizes the adjustment of status applications very carefully and requires that all applicants meet the requirements for adjustment. As a result, some adjustments of status cases may take much longer than expected or required. So, suppose you have an adjustment of status application with the USCIS, and you have a criminal record or incomplete documentation. In that case, you may expect your application to take longer to process. However,  if you feel that the adjustment of status processing is taking too long, you can seek relief through a mandamus lawsuit.

Let Lincoln-Goldfinch Law Help With Your Application

Whenever possible, it’s best to avoid filing a lawsuit against the government. If your adjustment of status application isn’t processed, hiring an experienced immigration lawyer can help. They can communicate with USCIS directly and provide the necessary evidence required for decision-making.
In addition, they can also offer further advice and assist you in resolving your adjustment of status application as quickly as possible. Speak with an experienced immigration lawyer today to understand if filing a mandamus lawsuit is the best option for you.
By relying on the skills and capability of Lincoln-Goldfinch Law, you can be assured that your adjustment of status application will be handled by experienced immigration lawyers. They are knowledgeable in all aspects of AOS applications, including mandamus lawsuits. For more information, contact their Austin, Texas office and let them help you.