Murthy Law Firm Successful in Mandamus Lawsuits
Posted Jan 11, 2008
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At the Murthy Law Firm, we have received many inquiries as to what can be done about a long-delayed I-485, Application for Adjustment of Status, filed and pending at the U.S. Citizenship and Immigration Services (USCIS). These are cases that are languishing, sometimes for years, due to delays in FBI name checks or other background checks. (Such cases should not be confused with those that cannot be approved due to the unavailability of immigrant visa numbers.) There is often little that can be done about delays like these to hasten decisions, with the exception of one effective course of action known as a writ of mandamus. It is our pleasure to share with MurthyDotCom and MurthyBulletin readers that our firm recently has obtained several extremely swift case approvals after filing writs of mandamus on behalf of our clients.
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What is a Writ of Mandamus?
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The word "mandamus" comes from the Latin translation of "we command." The writ of mandamus has its historical origins in English common law and was adopted by the U.S. legal system in the late 1700s and early 1800s. A writ of mandamus is a long-established legal remedy in U.S. law and the filing of a writ of mandamus should not result in retaliation by the government. A writ of mandamus may be issued by a court to a lower court or a government officer, ordering that a certain act be performed. A modern writ of mandamus action is a federal lawsuit that seeks to compel the government to perform a mandatory or "purely ministerial duty." In I-485 cases, this means that the U.S. federal court could require the USCIS to make a decision on a case within a reasonable timeframe, instead of delaying the I-485 decision for years and, thereby, effectively denying the individual certain constitutional rights.
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Recent Successful Writs by Murthy Law Firm
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The particular I-485 cases for which the Murthy Law Firm filed Writs of Mandamus varied as to how long they had been delayed at the USCIS from slightly less than two years to more than five years. Most of these clients had filed their I-485s through other legal representatives. In less than two months' time, Murthy Law Firm attorneys prepared and filed the necessary legal documents, negotiated with the appropriate U.S. Attorney's Office, and obtained successful resolutions for more than half of these cases for the benefit of our clients and their families. These actions resulted in prompt approvals of their delayed I-485 applications.
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Use in Delayed Permanent Residence / I-485 Cases
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As regular MurthyDotCom and MurthyBulletin readers will recall from our December 7, 2007 article, DHS Indicates It Will Expedite FBI Name Checks, applicants and petitioners whose immigration cases have been substantially delayed by background checks may benefit from filing a writ of mandamus against the government in a U.S. federal court. As noted in our March 2, 2007 article, Policy on Expediting FBI Name Checks: Very Limited, the USCIS no longer expedites FBI background checks simply because a foreign national has filed a writ of mandamus action. A full discussion of security checks required in permanent residence and naturalization cases was included in our May 12, 2006 article, Security Checks: How and Why. We at the Murthy Law Firm have found, however, that the filing of a writ of mandamus case can result in the resolution of cases for which no further background investigation is required.
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Use in Citizenship and Other Cases
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A writ of mandamus action may also be used to resolve delayed N400, citizenship (naturalization), cases that have been pending for more than six months, as indicated in our September 22, 2006 article, USCIS Announces Elimination of Naturalization Backlog. They can also be used if the USCIS fails to make a decision on a citizenship case within 120 days of the completion of the interview. Writ of mandamus actions are not limited to permanent residency and naturalization cases, but may be successful in correcting delayed government actions that meet the criteria set forth in the law.
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