Fighting Immigration Delay, Writ of Mandamus

Trusted  Southern California Legal Representation that will Help Resolve Immigration Delays

Does this sound like your situation?

  • Your case has been stalled due to FBI background checks;
  • You applied for naturalization or for a green card and have experienced long delays without any decision; or
  • Your case has been pending due to “administrative delays” for many months or even years.

If this sounds like what’s been happening to you, contact Los Angeles immigration attorney Joshua Goldstein today at (213) 262-2000.  Find out if a mandamus lawsuit might be the solution to these never-ending delays! Our experienced Southern California immigration attorneys can help you put an end to this uncertainty and help you resolve your immigration case.

Why Haven’t I Gotten a Decision in My Case?

If you have been experiencing delays related to your immigration application, you should know that you’re not alone. According to the LA Times, federal immigration court backlogs are at an all-time high, and the sheer number of cases awaiting a decision in California are among the highest in the nation.

In addition to the high volume of cases currently being handled, there are several common reasons why your immigration application may be delayed:

  • Administrative Delays in Processing: Green card applications (I-485, Application for Adjustment of Status), citizenship applications (N-400, Application for Naturalization), and other immigration applications pass through numerous channels on their way to being approved. It’s possible for your application to get stuck at many different points in the bureaucratic process before a decision is made. When immigration agencies are questioned regarding these delays, the response is likely to be that your application is “pending”, “under review”, or “under investigation.”  
  • Delays In Background Checks and Security Clearances: USCIS conducts background checks and security clearances on all applicants for immigration services. These checks involve reviews by multiple federal agencies and lengthy delays are possible even if you have a clean background and no criminal record. Anecdotal evidence suggests post-9/11 security policies have increased the scrutiny of these checks, increasing the likelihood of delays based on profiling of applicants’ names and countries of origin, in particular those coming from Morocco, Algeria, Russia, China, India, Pakistan, and the Middle East.

What Does a Mandamus Lawsuit Do?

At the Law Offices of Joshua L. Goldstein, P.C., we can help you resolve unreasonable delays that have caused you to put your whole life on hold. When you submit an immigration application, you have a right to a decision in that case. Under the Administrative Procedure Act (APA), the government has a legal obligation to make a final decision on every immigration application in a timely and reasonable manner. If your case has been delayed without good cause, our experience Los Angeles immigration attorneys can help you file a writ of mandamus lawsuit in federal court that will force the government to comply with this mandatory legal duty.

What a Mandamus Lawsuit Does NOT Do

A write of mandamus is an extremely effective legal tool used to compel various federal agencies to make a decision in your immigration case. Filing this type of lawsuit doesn’t guarantee that the government will approve your application, but it does guarantee that your case will no longer languish in an indefinite limbo state. The government will be forced to look at your file, evaluate the evidence you have presented, and take action on your application. When nothing else seems to work and your efforts and requests for information on the status of your pending application fail to get a response, a mandamus lawsuit is often the best way to get the answers you need to resolve your case and move on with your life.

Contact Our Los Angeles Immigration Attorneys Today

Issues regarding applications for citizenship, green cards, or other immigration-related benefits have a significant impact on your present circumstances as well as your future success. It is important to know that you do have certain rights when it comes to getting a timely decision on your application, and that these rights are protected by U.S. laws. At the Law Offices of Joshua L. Goldstein, P.C., our Los Angeles immigration attorneys provide the aggressive and professional legal representation you need to defend your interests. Call us today at (213) 262-2000 or contact our office online to schedule a no-obligation consultation with a Los Angeles immigration lawyer.