| Q. |
Writ of Mandamus
When do you recommend someone considers Writ of Mandamus lawsuit against the USCIS? In our case, we filed our application in June 2006, had the interview in March 2007, and my husband's namecheck (who is the primary applicant - EB2) was completed in April 2008. Would our case be a good candidate?
Also, if we decide to do the lawsuit, would we have to stop being represented by my husband's company lawyer and start being represented by whoever we choose for the lawsuit or can the two be kept separate?
Thank you.
User's Location:
Chicago, Illinois, United States of America
Category:
Employment-based Green Card
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| A. |
If you would have asked this question last year, I would have definitely recommended a mandamus lawsuit. After the USCIS revised its policy earlier this year, however, and now agrees to approve adjustment of status applications that are pending more than six months for only namecheck results, the lawsuit option is really not necessary.
Our law firm has been very successful in obtaining multiple approvals on cases such as yours without resorting to costly and time consuming federal lawsuits. The one exception is for naturalizatin cases. In your situation, however, we would be able to make the inquiries needed and get the case processed, assuming of course, only the namecheck is pending. Also, if there are other outstanding issues, we would be able to identify and address those issues as well.
If your company's immigration lawyer is not aware of this new policy, or is just unwilling to be proactive in representing your interests, you should strongly consider obtaining your own legal counsel to resolve this matter. |
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Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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