Writ of Mandamus Results in Green Card Issuance05 Nov 2015
The Murthy Law Firm is proud to report that we were able to resolve a family’s long-delayed permanent residence (green card) cases. Prior to our involvement in this matter, the individuals had suffered through more than two years of delays in the approval of their applications to adjust status (form I-485). During this time, they tried various different avenues, all with the goal of achieving approvals for the applications, but the government refused to allow the cases to move forward. After contacting the Murthy Law Firm, however, we were able to have their green cards issued by filing a writ of mandamus lawsuit against the U.S. Department of Homeland Security (DHS).
Background: Significant Delays in Processing Green Cards
Prior to becoming our clients, this family filed their I-485 applications, expecting that the process would be completed relatively quickly. As the months passed, however, they realized that the applications were still pending with the U.S. Citizenship and Immigration Services (USCIS) well beyond the standard timeframe.
At first, the family tried to resolve the matter on their own. Their efforts included: calling USCIS customer service, placing service requests via the USCIS e-Request system, making InfoPass appointments at their local office, and contacting the CIS Ombudsman’s office; and reaching out to their Congressional representatives.
Over time, the family learned that their I-485 applications were stuck pending a background check. And, the USCIS would not provide any sort of timeframe as to when the background check may be completed. This finally prompted the family to contact the Murthy Law Firm.
Writs of Mandamus for Long Delayed Cases
Given that this family had taken exhaustive measures to achieve adjudication of their cases, our attorneys concluded that the best option available to end the delays would be to file a writ of mandamus lawsuit against the government. A writ of mandamus is a powerful tool that can be used to resolve delays caused by government entities, such as the USCIS, in a variety of situations.
Writ of Mandamus Results in Issuance of Green Cards
After the Murthy Law Firm filed a complaint against the DHS, we learned the source of the delay in our clients’ green card applications – the background and security check revealed that the family had been members of the Communist Party in their country of origin. Under the Immigration and Nationality Act, past or current membership in the Communist Party renders individuals ineligible for permanent residence. However, there is an exception if the membership was forced, involuntary, or nominal. Accordingly, the Murthy Law Firm presented compelling evidence to demonstrate that our clients had been forced to join the Communist Party in order to pursue their academic and professional careers in their home country. We further demonstrated that they did not participate in any ideological or political events related to the Communist Party. Based on these arguments and the persuasive supporting evidence, the USCIS finally approved their I-485 applications within a few months of our filing the writ of mandamus.
We are thrilled that our clients now, finally, are able to truly call the United States their home. The lesson to be learned here is that this is a country of laws – even if the U.S. government seems reluctant to grant a benefit owed to an applicant, there are checks and balances within our system that provide means for foreign nationals to fight for their legal rights. The Murthy Law Firm is available to represent those in need of a legal team who knows immigration matters!
The Murthy Law Firm never reveals details of any case handled by our firm, nor the identity of any client without first obtaining his/her express consent. We appreciate the generosity of our client in allowing us to use this case as an example to our readers. Please note that all cases are different. Even with cases that appear to be similar, past success does not guarantee a favorable result.
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