News & Insights

1. Understanding the Writ of Mandamus

A Writ of Mandamus is a legal action filed in federal court that compels a U.S. government agency, like USCIS, to act on a delayed case. It does not guarantee approval of your asylum application, but it forces the agency to make a decision within a reasonable timeframe.

• Eligibility to File:

  To file a writ, you must demonstrate that:

  • You have a valid asylum application pending.
  • USCIS has unreasonably delayed action on your application (usually delays exceeding 180 days without significant movement).
  • You have exhausted all other remedies, such as inquiries or status checks.

2. Steps for Filing a Writ of Mandamus

• Hire an Experienced Immigration Attorney:

  • Filing a writ involves navigating complex federal procedures. An attorney can ensure that your case is properly presented and legally sound.

• Case Review and Preparation:

  • Your attorney will review your case to confirm the delay is unreasonable and ensure that your asylum application is complete and accurate.

• Drafting and Filing the Complaint:

  • A formal complaint will be prepared, outlining:
    • Your asylum application details.
    • The length and nature of the delay.
    • Why the delay violates your legal rights.
  • The complaint is filed in the appropriate U.S. District Court.

• Serving USCIS and Other Agencies:

  • Once filed, the complaint is served on USCIS, the Department of Homeland Security (DHS), and potentially other relevant agencies.

• Resolution or Hearing:

  • Often, USCIS will take action on your case after receiving notice of the lawsuit, avoiding a court hearing. If not, a federal judge will review your case and may order USCIS to act.

3. Potential Impact of Being Out of Status

• Effect on Asylum Case:

  • Asylum applications are not affected by your current immigration status. Being out of status does not disqualify you from asylum eligibility.
  • However, staying out of status for extended periods may affect future immigration benefits, like adjustment of status, if your asylum case is denied.

• Timeliness and Credibility:

  • Ensure that your asylum application was filed within one year of your arrival in the U.S. unless you qualify for an exception (e.g., changed or extraordinary circumstances).
  • Maintaining consistent and truthful records will be crucial for your asylum interview.

4. Other Options to Address Delays

• USCIS Inquiries:

  • Submit an inquiry using the USCIS Case Inquiry Tool or contact the asylum office where your application is pending.

• Congressional Assistance:

  • Request help from your local Congressional representative’s office. They can often advocate for you with USCIS.

• InfoPass Appointment:

  • Schedule an appointment at your local USCIS field office to discuss your case in person.

5. The Role of Changing Government Policies

While government policies can shift under new administrations, U.S. asylum law is rooted in the Immigration and Nationality Act (INA) and international treaty obligations. Regardless of your status, your asylum case will primarily be evaluated based on:

• Credibility of your claims.
• Evidence of persecution or fear of persecution.

It’s important to monitor policy changes, but asylum decisions are typically made on a case-by-case basis.

6. Resources to Find a Lawyer

• American Immigration Lawyers Association (AILA):

  • Use AILA’s directory to find experienced immigration attorneys near you: AILA Lawyer Search.

• Pro Bono Legal Services:

  Many organizations offer free or low-cost legal assistance for asylum seekers:

  • Asylum Seeker Advocacy Project (ASAP)
  • Immigrant Legal Resource Center (ILRC)

• Local Immigration Nonprofits:

  Reach out to nonprofits in your area, such as the New York Immigration Coalition.