At the most recent National AILA Conference in Las Vegas, it was noted that a large number of cases have been held in the USCIS system for unreasonable lengths of time. While the FBI and the USCIS have worked together to speed up the background checks often causing the delays in adjudication, there are some cases that need an extra push. For those immigrants who are experiencing undue delay or inaction for adjustment of status and citizenship applications, a Writ of Mandamus (WOM) could be the defining factor in your case. Z&A has had success in the past with filing WOMs for our clients.
For example, Dr. Rafton contacted Z&A inquiring on our expertise for help in resolving an excessive USCIS delay in processing his application for adjustment of status to permanent resident.
| December 2008: |
Co-Managing Attorney Jerry Zhang met with Dr. Rafton for a free evaluation. Since WOMs are very fact specific, Attorney Zhang went through the facts of Dr. Rafton’s case very carefully and suggested that he had a very good cause for a WOM. |
| December 2008: |
Dr. Rafton retained our services. His case was immediately assigned to one attorney. |
| Dec. 2008 – May 2009 |
Over the course of the next 5 months, Our attorney
diligently used her resources to assist Dr. Rafton in exhausting all of his administrative remedies to build up a strong case for his WOM. This included the following:
- Exhausting all Administrative Remedies: Contacting USCIS, FBI, AILA, making InfoPass appointments for Dr. Rafton and contacting local US representatives and the US President to enlist their help.
- Drafting a Court Brief: This includes research on case law for Dr. Rafton regarding favorable courts for his specific case.
- Sending a Demand Letter to necessary defendants allowing for a 30 day response time: It is vital at this point to list the proper defendants to the case, which include but are not limited to the US Attorney General, the FBI, the Director of the USCIS, the Secretary of the Department of State, etc…
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| May 1, 2009: |
Our attorney sent out the demand letter with a copy of her drafted court brief to all defendants; |
| June 1, 2009: |
Since no response was received, Our attorney filed a WOM for Dr. Rafton in the relevant federal district court sympathetic to his case. |
| June 4, 2009 |
Only 3 days after filing the WOM, Our attorney received a phone call from both the US Department of State and the local USCIS field office informing her that Dr. Rafton and his wife’s I-485 was approved and that the printing of their green cards had been requested. |
| June 24, 2009 |
Dr. Rafton and his wife received their green cards in the mail. |
This outcome was very fortunate as it has now enabled Dr. Rafton to accept job offers that had been pending due to the delay in his green card adjudication. Our offices were extremely happy to have been able to help Dr. Rafton and his wife achieve a positive result with speed. In her experience, Our attorney has noticed that often times the matter of delay is resolved before a full trial is entered into. As is evidenced with Dr. Rafton’s case, there are times where an excessive delay has left you little choice but to push the USCIS with a WOM. We encourage those of you who may be facing similar situations and who are interested in exploring possible solutions to contact us for a free evaluation.
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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past thirteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, PC.
Houston ∙ New York ∙ Chicago ∙ Austin ∙ Los Angeles
Tel：1-800-230-7040, 713-771-8433
Email: info@hooyou.com
website：http://www.hooyou.com
(07/13/2009)
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