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.

The path to U.S. permanent residency can seem daunting for those who have been granted asylum or refugee status in the United States. However, it is possible to navigate the process and successfully apply for adjustment of status with patience and preparation.
This blog will discuss the adjustment of the status application process in detail, including what forms are required and how to submit them. In addition, it will also provide information on where you can go for help if you have questions about your adjustment of status application.

Can Asylees & Refugees Obtain A Green Card?

The United States is a country that welcomes refugees and asylees from all around the world. Persecution, war, or natural calamities force refugees to leave their homes. Persecution may be based on nationality, religion, race, social group memberships, or political opinion.
Asylees are those seeking or being given political asylum. Asylees and refugees are given temporary protection when they enter the United States. Often, it is too dangerous for them to return to their country, and thus, they seek to find ways for their stays to become permanent.  But to become permanent residents, they must request for adjustment of status.
Asylees and refugees in the United States can obtain permanent resident status, commonly called a Green Card. To do so, you must submit an adjustment of status application. The U.S. Citizenship and Immigration Services (USCIS) will review the application. If approved, it will grant you permanent residency or a Green Card. The adjustment of status process is lengthy, but with patience and preparation, you can successfully apply and receive permanent status.

Eligibility Requirements For Asylees & Refugees

To apply for adjustment of status in Austin, Texas, both asylees and refugees must meet specific criteria. These requirements are similar to other states as well.

For Asylees

The adjustment of status is permissible if they have been physically present in the United States for at least one year since their grant of asylum. Also, they must meet other requirements determined by USCIS. The filing of the adjustment application must be within two years of the asylee being granted asylum status unless life-changing circumstances delay filings, such as an illness or a financial hardship.

For Refugees

Adjustment of status is permissible if refugees have been physically present in the United States for at least one year since their entry and meet other requirements determined by USCIS. Refugees must also show that they were admitted to the country based on refugee status within two years of filing the adjustment application.
In all cases, adjustment of status applicants must demonstrate that they have been lawfully admitted for permanent residence as refugees or asylees. Also, they must show that they are admissible to the United States, not barred by any provisions of immigration law and that they have not abandoned their asylum or refugee status. Finally, they must also provide proof of financial support during their adjustment process.
Once an individual’s eligibility for adjustment of status in Austin, Texas,  has been determined by the USCIS, they will be required to complete associated paperwork and attend an interview to provide additional evidence related to their adjustment case. Following completing these steps, a decision on the adjustment application may be issued promptly.

Steps In Applying For Adjustment Of Status

Several steps are involved if you are an asylee or refugee in Austin, Texas, and wish to apply for adjustment of status. Following these steps is vital to be granted adjustment of status from refugee to permanent resident.

Meet The Eligibility Requirements

The first step is to meet all eligibility requirements for adjustment of status. It includes having a valid asylum application on file with USCIS and being physically present in the United States for at least one year since being granted asylum.

Complete Necessary Forms

After ensuring you meet all eligibility requirements, completing the necessary forms is next. These include Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-765, Application for Employment Authorization. The I-485 requires information about your background history, family members, travel history, and criminal record (if applicable). The I-765 requires personal biographical data, including name and Social Security Number. These forms are available at the USCIS office in Austin, Texas.

Pay All Applicable Fees

The final step in applying for adjustment of status is paying the necessary fees. This includes a $1,225 filing fee (as of 2022) for an adjustment of status application and any additional cost associated with processing the form(s), such as biometrics fees.

Gather Documentation & Submit The Forms

Before submitting the adjustment of status forms to USCIS, ensure you have gathered all necessary documentation.

• Proof of identity.
• Lawful entry into the United States.
• Evidence that your asylum application was granted.
• Travel documents, and other required items.

Once you have compiled all the necessary paperwork and paid the applicable fees, submit your adjustment of status applications to USCIS.
After completing these steps, you will likely need to attend an adjustment of status interview for USCIS to review your case. Following a successful interview process, your adjustment of status application should be approved by USCIS in due course.

Benefits Of Adjusting Your Status As An Asylee Or Refugee

Adjusting your status as an asylee or refugee to permanent residency or U.S. citizenship can provide many advantages you may not get otherwise. Here are a few main benefits you should consider when deciding if an adjustment of status is right for you.

Access To Employment & Education Opportunities

As an asylee or refugee, adjusting your status provides more opportunities in terms of education and employment. For example, immigrants granted permanent resident status may apply for jobs with government organizations. They can also receive in-state tuition rates at public universities in Austin, Texas, which can make further education more affordable.

An Easier Path Towards Citizenship

Adjusting your status makes it easier to become a U.S. citizen. While it can take up to five years after adjustment of status, you may be able to expedite the process if your spouse is a U.S. citizen. Furthermore, having permanent residency can make it easier for your spouse or family members to gain U.S. citizenship.

Increased Financial Opportunities & Benefits

If you get permanent status, you may have access to certain benefits, such as more competitive job offers and tax credits. These benefits are not available to non-permanent-status immigrants. Additionally, adjusting your status opens up other financial assistance, such as grants and scholarships. Finally, once you become a U.S. citizen, you may be eligible for certain social security benefits, such as disability or retirement. Overall, adjusting status is a great way to expand your opportunities and increase your chance of becoming a U.S. citizen. If you’re considering the adjustment of status in Austin, Texas, it’s essential to research the advantages and disadvantages and hire an immigration attorney before making a decision. Doing so can help ensure that adjusting your status is your best option.

Let Lincoln-Goldfinch Law Represent You

The adjustment of status applications for asylees and refugees can be complex. Filing the wrong documents or making mistakes in the adjustment of status can result in rejection or even deportation. Lincoln-Goldfinch Law is experienced and skilled with the adjustment of status applications and can help refugees and asylees secure the adjustment of status. Contact them today for a free consultation.
By understanding the adjustment process and enlisting the help of an immigration attorney from Lincoln-Goldfinch Law, refugees can take advantage of the opportunities to obtain permanent residency status in the United States. This will enable them to pursue freedom and equality and have a better life in America. Don’t wait, contact them now for assistance with the adjustment of status applications.

The right to asylum allows people to flee their home country when they face extreme persecution. During these difficult times, those seeking refuge could use a companion in the person of an asylum lawyer.

When challenges arise, some people say that it is best to face them. But it is a reasonable option to run away when the challenge is persecution that causes you extreme fear and anxiety. 

If you are contemplating applying for asylum, it is essential to learn more about its type and process, which you can discuss with an asylum attorney. 

Types Of Asylum

According to UN Refugee Agency, asylum is a form of protection that enables a person to remain in the country instead of being sent back to one where they fear persecution. It is now included in the 1951 Refugee Convention and the 1948 Universal Declaration of Human Rights. Meanwhile, there are two types of asylum. They are as follows. 

Affirmative Asylum

Affirmative asylum is a type of asylum that is requested by anyone not subject to removal proceedings in the United States. The U.S. Citizenship and Immigration Services or USCIS should receive the application. The asylee must be in the United States when they request affirmative asylum.

Applying for asylum may seem daunting but with the help of your asylum attorney, you can increase your chances of getting through it successfully.  Here are the following steps to process your affirmative asylum application. 

Step 1: You Must Arrive In The United States

It is a requirement to be physically in the country when you apply for affirmative asylum. It is because asylum is only for those who are already in the United States. 

Step 2: Fill Up The Necessary Forms

You must fill up Form I-589 or the Application For Asylum and for Withholding of Removal. Note that you have one year to file this form from your last arrival in the United States. 

You may add in your application your spouse and/or your children under the age of 21 who are not married and present in the country of the USA physically. As these instructions demand, you should also submit documentation for your spouse and children. Children who are older or married must submit separate applications. 

Suppose you are granted asylum, together with your partner or spouse and children under the age of 21. In that case, you may submit Form I-730 or Refugee and Asylee Relative Request so they can receive comparable benefits.

Step 3: Undergo Security Checks

The applicant will receive a confirmation of receipt and a notice to visit the Application Support Center for fingerprint collection after the USCIS has received the completed application form. For the appointment for fingerprinting, you must show the ASC Appointment Notification. The applicant’s spouse and children should attend their security check appointment if they ask for asylum.

Step 4: Prepare For Your Interview

After you finish your biometrics, you will receive an Interview Notification containing the details on the time and location of the asylum interview. The USCIS arranges interviews beginning with the most recently filed applications and backward. 

Rescheduling an interview appointment is only permitted with good reason or under unusual circumstances such as medical or family emergencies. While there is no set list of reasons that the USCIS accommodates, they examine individuals who could not attend the interview on their own merits because the reasonable cause relies on the person’s circumstances. 

Rescheduling requests that are made repeatedly, however, could make it more difficult to find a legitimate reason. Without evidence of sound reason, the interview will take place at the initially arranged time and day. The interview will be recorded as missed if the applicant does not show up. 

Step 5: The Actual Interview

You are allowed to attend the interview with an asylum lawyer or authorized representative. You must attend the interview with your spouse and any minor children requesting derivative asylum benefits. You must bring an interpreter if you cannot continue the interview in English.

The interview will typically be one hour, though it may change depending on the circumstances. Also, the witnesses you bring may testify to your statements.

Exceptional Circumstances

As mentioned above, the USCIS determines the valid excuse of applicants who could not make it to their scheduled interview. They consider exceptional circumstances and they are as follows: 

• They experienced extreme cruelty. 
• Their child or spouse was diagnosed with a serious illness. 
• The applicant’s spouse or child died. 

The applicant must present a request to determine exceptional circumstances to the asylum office. Also, any supporting documentation, such as medical records, death certificates, and police reports must be provided.

Step 6: Review Of  Your Application

At this point, you need to be patient in waiting for the decision of the asylum officers on whether or not they would approve you eligible for asylum.

A supervising asylum officer reviews the decision of the asylum officer to make sure it complies with the law. Depending on the circumstances, the supervisory asylum officer may forward the choice for further evaluation to the asylum division personnel at USCIS headquarters.

Step 7: You Will Receive The Decision

It usually takes two weeks after your interview to know the decision. However, the process can extend further if you were interviewed at the field office of USCIS, if you have pending security checks, or if there is a case that the USCIS asylum staff is still reviewing. It means you have to wait for a couple of days. 

The process for affirmative asylum can go more smoothly with the help of an asylum attorney. However, there are instances when an applicant is barred from applying for it. 

Ineligibility For Affirmative Asylum

The USCIS determines if the applicant is eligible for asylum. However, if you are in the following situation, the USCIS may bar you from applying. 

• Removal into another safe nation with which the United States has a two-party or multi-party agreement is an option.
• You failed to meet the one-year filing deadline.
• Your prior application for asylum was turned down by an immigration judge or the Board of Immigration Appeals.

Seek help from an asylum lawyer to know which type of asylum you must apply for. In some instances, affirmative asylum is no longer possible and a need to apply for defensive asylum arises. 

A person subject to removal proceedings must apply for defensive asylum. An immigration judge will hear the application, which is submitted to the Department of Justice’s Executive Office for Immigration Review (EOIR). 

You qualify to apply for defensive asylum if you are ineligible for affirmative asylum and have been referred by USCIS to the immigration court. 

You can also fall under defensive asylum if you have a case of violating immigration law and were detained by US Customs and Border Protection while attempting to enter the country illegally. An asylum officer determined that you had a valid fear of being persecuted in your native country. 

Officers examine an asylum seeker who has been placed in removal proceedings as part of what is known as the “credible fear” process. At this point, you need to establish solid statements that you were under persecution or you have well-founded reasons to fear harm from your country. 

Immigration court hears a defensive asylum case. A lawyer will be with you as you face your asylum case with the Department of Justice, which will represent the United States government. If you have an asylum attorney, you can have more confidence in every action you take in this situation.

Extreme persecution may cause you anxiety or fear; sometimes, it can make you feel alone in a daunting battle. However, you do not need to face this unaccompanied. You do not have to run away scared because, with the help of an asylum attorney, you can see how you can defend yourself, whether through an affirmative asylum or defensive asylum. They will help you know your rights and take action to help you protect them. 

You have learned the process of applying for asylum, and it can be challenging, especially when you are dwelling in distress. An asylum attorney can help you in every step of the process to apply for asylum and seek refuge. It is never easy to start a new life away from your homeland but you can always use the help of an immigration attorney to know what steps you should take next.