10 Jan USCIS Approves Forms I-130/I-485 After Getson & Schatz Files Complaint for Writ of Mandamus in Federal Court
Our Philadelphia immigration lawyers recently filed a Writ of Mandamus in Federal District Court in Pennsylvania seeking to compel USCIS to take the action our clients’ long pending Forms I-130 and I-485. The filing of the Writ of Mandamus resulted in the approval of both forms.
Married in January 2012, our clients came to our Philadelphia immigration law firm in October 2013 after eighteen (18) months had passed since the couple simultaneously filed their Form I-130 Petition for Alien Relative and Form I-485 Application to Register Permanent Residence or Adjust Status. During that time, our clients attended their initial interview at their local USCIS Field Office and made numerous inquiries into the status of their case, yet received no update or explanation from USCIS as to the reason for its delay in adjudicating their Forms I-130 and I-485. An eighteen (18) month wait is well outside the normal processing time frame for a marriage based green card application. We advised our clients that filing a Writ of Mandamus – a complaint to compel the United States Government, one of its constituent agencies, or employees to fulfill a legal obligation it owes which, in this case, was the adjudication of their filings – is one way to expedite the adjudication process. In conjunction with filing the Writ of Mandamus we also submitted supplementary evidence of our clients’ marriage in order to provide USCIS with further evidence in anticipation of USCIS taking action on our client’s case due to the filing of the Writ of Mandamus.
Within 1.5 months of receiving process of service, USCIS scheduled our clients for another I-130/I-485 interview at their local Field Office. After preparing the couple for the types of questions they would face during their interview, one of our Philadelphia immigration attorneys accompanied our clients to their interview. Eight days later, our clients received approval notices for their Forms I-130 and I-485. Since the immigrant spouse received his permanent resident status more than two years after the couple had married, he received his permanent residence unconditionally.