News & Insights

1. Timeline for Green Card Processing for Asylees

• Timeline for Green Card Processing for Asylees: Once you have been granted asylum and have maintained your asylee status for one year, you are eligible to apply for a green card (lawful permanent residency) by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
• Typical Processing Time: The processing time for green card applications can vary depending on your local USCIS office, workload, and the complexity of your case. On average, the process takes 8 to 22 months, but it may take longer in some cases. You can check the current processing times for Form I-485 on the USCIS Processing Times webpage.

2. Options to Expedite the Green Card Process

If you face an undue delay or have urgent circumstances, you can request expedited processing. However, USCIS approves such requests only under specific circumstances:

• Criteria for Expedited Processing:
  • Severe financial loss to the applicant or their employer.
  • Emergency or urgent humanitarian reasons.
  • U.S. government interest (e.g., cases involving national security).
  • Clear USCIS error or administrative delay.

To request expedited processing, contact USCIS via USCIS Contact Center and provide supporting evidence for your request.

3. Mandamus Lawsuit to Address Delays

If your green card application experiences an unreasonable delay and other remedies (like inquiries or expedited requests) fail, you can consider filing a writ of mandamus in federal court.

• What is a Mandamus Suit?
  • A mandamus lawsuit asks a federal court to compel USCIS to make a decision on your case if they have unreasonably delayed the process.
  • It does not guarantee approval of your green card but requires the agency to act.
• Legal Basis for Mandamus Suit:
  • Under the Administrative Procedure Act (APA), agencies are required to act within a “reasonable time” (5 U.S.C. § 706).
  • The court will assess factors such as:
    • Length of delay.
    • Reason for the delay.
    • Whether the delay causes harm to the applicant.
• Considerations Before Filing:
  • Consult with an experienced immigration attorney before filing a mandamus lawsuit.
  • Exhaust other remedies (e.g., contacting USCIS or your congressional representative) first.

4. Practical Tips:

• Regularly monitor your case status on the USCIS Case Status Online.
• Respond promptly to any USCIS requests for evidence (RFEs).
• Keep copies of all your documents and receipts.