I-730 Has Been Pending for Years? Mandamus Can Expedite I-730
Updated on 03/11/2023
In recent years, due to the COVID-19, the work efficiency of the USCIS has been low. In addition, the inflation in the United States in recent years is staggering, and the increase in federal wages cannot resist inflation at all. A large number of USCIS staff quit their jobs, making it even worse. The federal government intends to increase the budget to improve USCIS’s processing times, but it is well known that government is slow. In this environment, do you continue to wait for USCIS’s adjudication to the I-730 petition? Or take a different route and file mandamus to expedite your I-730? The answer is obvious.
- What is mandamus?
Mandamus is also known as federal mandamus. The law on writs still derives from Title 28, Section 1361 of the United States Code, which provides that “The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff”. The plain interpretation is that the court has the power to require the government to take an action or perform an obligation immediately.
The USCIS and consulates are functional agencies of the United States government, so mandamus also applies to the USCIS and consulates. If your I-730 petition or any other immigrant or non-immigrant application is unreasonably delayed by the USCIS or the consulate, you may file a mandamus litigation requesting the court to compel the USCIS or consulate to process the application immediately.
- Who can initiate mandamus litigation?
Only the I-730 petitioner (i.e. the principal asylee or refugee) can initiate mandamus litigation. Asylum or refugee dependents are the beneficiaries of I-730 petition. I-730 beneficiaries are not entitled to start mandamus litigation.
- How long can I start a mandamus for my I-730?
In general, if your I-730 petition has exceeded the normal processing time issued by the USCIS, you can start mandamus litigation .The USCIS updates its normal processing times almost every month. You can click here to view the current USCIS normal processing times for I-730 petitions. Currently, you can start mandamus litigation if your I-730 petition has been pending with USCIS for more than 2 years.
- Will I-730 petition be expedited through mandamus litigation for sure?
As long as your I-730 petition has exceeded USCIS’s normal processing time, in most cases it can be expedited successfully through mandamus litigation.
- I heard that petitioner can submit a request to expedite I-730 to USCIS directly. What’s the difference between this and mandamus?
It is an administrative remedy to request USCIS to expedite I-730 petition. Generally, the USCIS requires the petitioner to submit a variety of cumbersome documents to prove the existence of an emergency, and to approve expedite request or not is completely at the discretion of the USCIS. It is very common that such expedite request gets denied by the USCIS.
Mandamus, a judicial remedy, does not need to prove the existence of an emergency, but only needs to prove that the I-730 petition has been outside the USCIS ‘normal processing time, allowing the court to compel the USCIS to process the I-730 petition immediately.
- Before starting a mandamus litigation, do I need to contact the congressman first?
Not necessary.
- After filing mandamus for a I-730 petition, how long will I get the result? What are the results?
After filing mandamus litigation, most of mandamus litigations will be resolved within 60 to 90 days. The results are usually one of the followings:
- USCIS directly approve the I-730 petition
- USCIS directly reject the I-730 petition
- USCIS issued a Request for Evidence to request the I-730 petitioner to provide additional documents. After the petitioner submits the additional documents, USCIS approve or reject the I-730 petition
- USCIS issued an interview notice, requiring the petitioner and beneficiary (if the beneficiary is in the United States) to attend the interview. After the interview, USCIS approve or reject the I-730 petition
- The family members of asylee or refugee are outside the United States. I-730 has been approved by USCIS, but no further action thereafter. Can I file mandamus litigation?
Yes.
- The family members of asylee or refugee are outside the United States. Assume my I-730 gets approved after filing mandamus litigation, what if the consulate fails to arrange an interview? Or what if there is no result after the interview?
This will not happen because in mandamus litigation, we will ask the judge’s order to remain in effect until the I-730 consular interview is completed and until there is a final outcome of the interview (approve or deny).
- Does the success of I-730 mandamus mean the beneficiary of I-730 can come to the United States for sure?
No. If mandamus is successful, it simply means U.S. government will process your I-730 petition immediately, which, as explained earlier in this article, does not guarantee the approval of I-730 petition itself. Beneficiaries of I-730 who are outside the United States can enter the United States only after they pass an interview at the U.S. consulate.
- Will mandamus negative my I-730 petition or final consular interview? Will USCIS retaliate against me?
Not at all.
- What happens to the I-730 petition if mandamus is unsuccessful?
If mandamus is unsuccessful, the I-730 petition continues to be pending with USCIS just as it did without mandamus. And USCIS won’t retaliate against you just because you ever had mandamus litigation against it.
- If mandamus is not successful this time, can I file mandamus litigation again in the future?
Yes.
- What documents do I need to prepare to file mandamus litigation for I-730 petition?
Documents to prove you have submitted your I-730 petition, such as I-797 receipt notice issued by the USCIS.
- I can’t find my I-730 receipt notice, and I don’t have any other paperwork. Can we get mandamus?
Yes, we will file FOIA request to USCIS to get its copy.
- If I hire you to file mandamus litigation, does it mean you automatically become the attorney for my I-730 petition?
No. The mandamus litigation and I-730 petition are two separate cases. If you want us to represent you on your I-730 petition at the same time, we can sign two retainer agreements, one for mandamus litigation, and another for I-730 petition.
- Do I need to change my existing lawyer on my I-730 petition if I start mandamus litigation for this I-730?
Not necessary.
- Do I need to notify my existing lawyer on my I-730 petition if I start mandamus litigation for this I-730?
It is not necessary, but in order to ensure the existing lawyer to provide better services to you, it is recommended to notify the existing lawyer.
- Can any lawyer in the United States help me with mandamus?
No. Mandamus is a federal litigation procedure. Only lawyers who have the qualification to appear in the corresponding federal court can file mandamus litigation on behalf of clients.
- I am not in California, can I ask you to apply for mandamus to expedite my I-730?
Yes, our service covers 50 states of the United States.
- How much is it to start mandamus litigation?
The cost for mandamus litigation includes two items, one is legal fee and the other is court fee. The average legal fee in the United States for mandamus is $5000-$10000. The court fee plus summon service fee is no more than $500.
Our legal fee is very favorable, and we promise to refund half of the legal fee if the mandamus litigation is unsuccessful. For more information, please contact us at 888-919-8555 or [email protected]
Through DYgreencard.com, no matter which state you are in, you can get experienced immigration lawyers to help you file mandamus to expedite your I-730 petition. The price is reasonable and the success rate is very high. Welcome to contact for free consultation! 888-919-8555, [email protected] or schedule a consultation online!
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