Comments on: Mandamus Lawsuits vs. Premium Processing

By: Jason Dzubow

Jason Dzubow — Sun, 19 Jan 2025 20:20:39 +0000

In reply to A_Seeker.

When there used to be a scheduling bulletin and there was a line to wait in, you kept your place in line, even if you moved to a new office. However, there is no long any understandable line, and so I guess no one really knows whether you keep your place in line when you move. You can try to expedite – I wrote about that on March 23, 2022, or you could try a mandamus lawsuit to get an interview – that is how most people seem to get interviews these days. Take care, Jason

By: A_Seeker

A_Seeker — Sat, 18 Jan 2025 01:23:17 +0000

Hi Jason, can someone claim “unreasonable wait time” if they recently transferred their case to a different office? For example, if the case was pending in Arlington for three years and the applicant moved to New Jersey, then case transferred to Newark, would the previous wait time still count? Or is the applicant expected to start a new “unreasonable wait time” period for the new asylum office?

By: Jason Dzubow

Jason Dzubow — Tue, 03 Sep 2024 21:47:08 +0000

In reply to APPLICANT. I do not know about that, and I think you need to talk to a lawyer. I suspect you will have a very difficult time to get a GC as her dependent given your current status. However, it is worth asking a lawyer about that, as I am not sure. If she gets a GC, she may be able to sponsor you for a GC, but whether you can do that inside the US or must leave the US will depend on different factors. I wrote about that on August 28, 2018 and September 6, 2018. If you wait for more years until she is a US citizen, then it is generally easier to get your own GC, but again, depends on the facts of your case - I wrote about that on August 6, 2018. Take care, Jason

By: APPLICANT

APPLICANT — Tue, 03 Sep 2024 17:37:58 +0000

Hello Jason,
I have a question regarding derivative of EB based I-485 while pending asylum case. My case has been pending 6+ years now with no interview scheduled. My fiance was approved EB-1 based I-140 and applied for I-485 couple months ago currently I-485 still pending. The mistake was I didn’t apply as part of her I-485 as we were not married at the time. Is there any chance that I can be added to her I-485 application later on while it’s pending or once approved? What are my options in this case?

Thank you,

By: Jason Dzubow

Jason Dzubow — Sun, 31 Mar 2024 12:19:50 +0000

In reply to Husband. Unless there is some reason she is not eligible for the green card, the mandamus sounds like the appropriate action (assuming she made some efforts to resolve the case prior to the mandamus). I have no idea why a GC would take so long, but USCIS is a mess, and it was even worse 5 years ago, and so the problem may be USCIS and not her. If that is the situation, hopefully, the mandamus will resolve the case. Take care, Jason

By: Husband

Husband — Sat, 30 Mar 2024 08:12:52 +0000

Jason, my wife got her asylum approved 5 years ago and filed for I-485 one year after that. We waited and waited and waited till this year & we decided to file a mandumus action. Since we can’t really think of any reason gor tgis delay, do you think our decision will bring any happy ending to this mysterious silence and delay from the uscis?

By: Jason Dzubow

Jason Dzubow — Tue, 06 Feb 2024 10:41:10 +0000

In reply to Jack. I have never seen data on this and I doubt it exists. In my experience, I do not think the asylum office retaliates against people who file mandamus cases, and so I do not believe it is more likely to get a denial if you file a mandamus. Maybe other lawyers have had different experiences, but I have not heard about other lawyers complaining that their asylum cases were denied after they filed a mandamus. Take care, Jason

By: Jack

Jack — Tue, 06 Feb 2024 05:13:56 +0000

Hi Jason – I’m wondering if there’s any data that shows a positive trend between mandamus and asylum approval? My impression is that because of the adversarial nature of mandamus (i.e. threatening to sue the USCIS), most mandamus asylum cases – despite expedited interviews – end up getting rejected. Is this true?

By: Jason Dzubow

Jason Dzubow — Mon, 29 Jan 2024 22:48:55 +0000

In reply to Alfonzo. Try to expedite - I wrote about ideas on March 23, 2022. If that does not work, try a mandamus lawsuit to force them to give you an interview. Good luck, Jason

By: Alfonzo

Alfonzo — Mon, 29 Jan 2024 20:01:43 +0000

I applied for Affirmative Asylum in February 2015, my status since then is “The next step is an interview”, next month it will be 9 years since I applied, any advice besides “keep waiting”?