Green Card Application based upon approved Asylum Case that was pending 5 years approved within 2 weeks following filing of Writ of Mandamus
Our client had a pending I-485 application for adjustment of status based upon a grant of asylum that had been pending at the USCIS Nebraska Service Center for approximately 5 years without adjudication. When USCIS does not adjudicate an application for benefits within a reasonable period of time a powerful tool is to file a Writ of Mandamus in Federal District Court to request a Federal Judge to issue an order requiring USCIS to adjudicate an application. Our firm was retained to take such action. We put the USCIS Nebraska Service Center on notice of our intent to file a writ of mandamus but they did not respond to our notice. We thereafter filed a complaint for writ of mandamus in the United States District Court for the Eastern District of Pennsylvania. Within 2 weeks of our filing, our clients I-485 application was approved and the green card was issued. The United States Attorney assigned to the case had contacted USCIS to adjudicate the application. Upon approval of the green card we withdrew our mandamus complaint. A 5 year wait resolved in 2 weeks is a true success story!