Stop USCIS Delays with a Writ of Mandamus
Introduction
Navigating the immigration process can be a journey filled with anticipation and hope. However, delays from USCIS can often create frustrating roadblocks, leaving applicants uncertain and anxious about their status. At Chestnut Law Group, we understand the urgency of these matters and focus on providing effective solutions to combat USCIS delays. One powerful tool in our arsenal is the petition for a writ of mandamus—a legal action that compels USCIS to fulfill its duty when delays have become unreasonable. In this blog post, we delve into how this strategic approach can expedite your case and provide clarity in uncertain times. Discover how our expertise can turn obstacles into opportunities for progress in your immigration journey.
Eligibility for Relief
Experiencing delays in receiving a decision from USCIS can be disheartening, especially when your future hangs in the balance. If you find yourself waiting for an unreasonably long time, a petition for a writ of mandamus could be the key to unlocking progress in your case. Understanding the criteria for eligibility is crucial in determining whether this legal recourse is right for you.
Applicants who have waited more than two years from the date on their receipt notice have a strong case for filing a petition for a writ of mandamus. According to legal standards, delays of this length are considered "unreasonable." The writ of mandamus is a legal mechanism designed to compel USCIS to act on your case when such delays occur.
Moreover, if your wait time exceeds three years, the situation is deemed "extreme," significantly strengthening your case for relief. In such cases, the urgency for action becomes even more pronounced, and the likelihood of obtaining a favorable outcome through a writ of mandamus increases.
It’s important to recognize that these timelines—two years for unreasonable delays and three years for extreme delays—are benchmarks that help establish the severity of your situation. By pursuing a writ of mandamus, you can push for a resolution and ensure that your case receives the attention it deserves. At Chestnut Law Group, we are committed to helping you navigate this process, leveraging our expertise to advocate for your rights and expedite your immigration journey.
Process and Timeline
When facing prolonged delays with USCIS, timely action is essential to expedite your case. At Chestnut Law Group, we follow a structured and efficient process to ensure that your petition for a writ of mandamus is handled promptly and effectively.
Before filing the petition, we give USCIS a thirty-day written notice to decide your case. This notice serves as a final opportunity for USCIS to take action without the need for court intervention. Our experience shows that this notice alone can often prompt a resolution.
If USCIS does not respond within the thirty-day period, we proceed with filing the petition for a writ of mandamus in court. From the date of filing, most cases are completed within sixty days. This means that within a total of approximately sixty days from initiating the process with the written notice, you can expect to receive a final decision in your case.
Conclusion
Our streamlined approach is designed to minimize delays and maximize efficiency, ensuring that you receive the prompt attention and resolution you deserve. At Chestnut Law Group, we are dedicated to helping you overcome USCIS delays and move forward with your immigration journey swiftly and confidently.
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