Thank you for your advice, Jason.
I’ll be sure to review what you wrote. your guidance is always helpful. Take care!

I would defer to your lawyer, as it sounds like he has done such cases before. In terms of expediting the travel document, that can be a reason. You might frame it in terms of severe financial hardship in order to match the USCIS expedite requirements – I wrote about this on January 29, 2020. Also, if you have a the GC and a valid passport, that may also be a way to travel and return to the US. I wrote about traveling with your passport after asylum is granted on May 25, 2022. Take care, Jason

Hi Jason,

Thank you for your reply.
Last year, I consulted a lawyer about filing a writ of mandamus to expedite my green card. At that time, he advised waiting a year. Now that the year has passed, he confirmed we can file and expects that I should receive my green card within 60 days or less based on similar cases.
I trust his judgment, as he successfully assisted me with a writ of mandamus for my asylum interview two years ago.

I also applied for a travel document early last year, but due to an error with the fees, USCIS sent me a letter 10 months later asking for payment. Consequently, I had to reapply in November, losing those 10 months of waiting. According to their website, my travel document might not arrive until March next year.

I recently received an invitation for a solo exhibition in Venice, Italy, which is crucial for my career and finances. Can I use this invitation to expedite my travel document and receive it sooner?

Thank you.

We see such cases take 1 to 2 years for most people, and if you check the USCIS processing times (at http://www.uscis.gov), I think it says an even longer wait time. In the past, when people got the medical exam request, the process was near the end, but lately, that does not seem to be the case and people still wait for months. In terms of a mandamus, that is up to you, but I am not sure how effective it will be given that you are still within the “normal” processing time and also, it seems like the case is moving, and so a decision will arrive eventually. I guess it depends on how much of a hurry you are in, and if the lawyer thinks it will work. Take care, Jason

Based on your experience, how soon should I expect to receive my green card after submitting the medical exam?

A lawyer suggested filing a writ of mandamus, saying I’d get my green card in two months. Do you think this is necessary, or should I wait since USCIS is already working on my case?

Thanks for your advice!
Waseem

That’s great that you have never heard of such a case. It def boost my confidence in overseas travel.

And I doubt US govt will be able to extend help. I can only be conservative about that. Because I personally know a green card holder, went back to country of origin, detained and actually jailed, us embassy wasn’t able to do anything. But he went back to country of origin, I will not.

So just be careful.

I have never heard of such a case, but certainly, if the persecutor government has a relationship with the third country and can try to get you in the third country, that could be an issue. Whether the US government can or would assist in such a case, I am not sure, but if the person has legal status in the US, I expect our government would try to assist. Take care, Jason

I want to follow up on this point. Cause I might need international travel also

So…re-enter is not a problem…

But…you said that not all countries accept the RTD…that to me is even a small concern.

The most concerning thing is … what if a person, for some reason, was retaliated by their country of origin and abducted to (so for example, asylee travels to country B, which is a country that shares extradition agreement with country A…if, while the asylee is there, country A put a request to country B demanding this asylee’s extradition, does the international law that bar political extradition applies ?https://en.wikipedia.org/wiki/Political_offence_exception ) and trapped in their country of origin…could they possibly get out ?

I understand this might all be too abstract, so, at least in your knowledge, among your clients. Have you heard of any issue when asylees travel internationally ? Are they all able to safely return ?

People should not derive immigration benefits from being employed. It will further discrimination. Some people (women, disabled, black, lgbt) face a harder time to be employed and this should not extend to immigration process.

So I would like to say thank you for not aggravating the inequality.

As long as the RTD is valid, you can use that to re-enter the US. You do not need the GC for that. In terms of travel, not all countries accept the RTD, and so you may have to use your passport to enter the country you want to visit. I wrote about that on May 25, 2022. Take care, Jason